S T A T E O F N E W Y O R K
________________________________________________________________________
4460
2019-2020 Regular Sessions
I N A S S E M B L Y
February 4, 2019
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Introduced by M. of A. HUNTER, LAWRENCE, PEOPLES-STOKES -- read once and
referred to the Committee on Governmental Operations
AN ACT to amend the executive law and the energy law, in relation to
requiring the updating of the state uniform fire prevention and build-
ing code and the state energy conservation construction code on the
basis of update of certain international codes
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2 of section 377 of the executive law is renum-
bered subdivision 3 and a new subdivision 2 is added to read as follows:
2. EACH TIME A REVISED OR UPDATED EDITION OF THE INTERNATIONAL BUILD-
ING CODE, THE INTERNATIONAL FIRE CODE, THE INTERNATIONAL RESIDENTIAL
CODE, THE INTERNATIONAL PLUMBING CODE, THE INTERNATIONAL MECHANICAL
CODE, THE INTERNATIONAL FUEL GAS CODE, THE INTERNATIONAL EXISTING BUILD-
ING CODE, THE INTERNATIONAL PROPERTY MAINTENANCE CODE OR THE NATIONAL
ELECTRICAL CODE IS PUBLISHED, THE COUNCIL SHALL, WITHIN TWELVE MONTHS OF
SUCH PUBLICATION OF A REVISED OR UPDATED EDITION, CAUSE THE UNIFORM FIRE
PREVENTION AND BUILDING CODE TO BE UPDATED TO REFLECT CHANGES IN ANY
SUCH REVISED OR UPDATED EDITION.
§ 2. Section 11-101 of the energy law, as amended by chapter 516 of
the laws of 1984, is amended to read as follows:
§ 11-101. Purpose. In furtherance of the policy set forth in subdivi-
sion two of section 3-101 of this chapter, the legislature hereby
directs that a state energy conservation construction code be adopted to
protect the health, safety and security of the people of the state and
to assure a continuing supply of energy for future generations and that
such code mandate that [economically] reasonable energy conservation
techniques be used in the design and construction of all public and
private buildings in the state.
§ 3. Subdivision 2 of section 11-103 of the energy law, as amended by
chapter 560 of the laws of 2010, is amended to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04864-01-9
A. 4460 2
2. The state fire prevention and building code council [is authorized,
from time to time as it deems appropriate and consistent with the
purposes of this article, to review and amend the code, or adopt a new
code, through rules and regulations provided that the code remains cost
effective with respect to building construction in the state. In deter-
mining whether the code remains cost effective, the code council shall
consider whether the cost of materials and their installation to meet
its standards would be equal to or less than the present value of energy
savings that could be expected over a ten year period in the building in
which such materials are installed. For residential buildings, the code
shall meet or exceed the then most recently published International
Energy Conservation Code, or achieve equivalent or greater energy
savings; and for commercial buildings, the code shall meet or exceed
ASHRAE 90.1-2007, or achieve equivalent or greater energy savings]
SHALL, WITHIN TWELVE MONTHS OF THE PUBLICATION OF EACH REVISED OR
UPDATED EDITION OF THE INTERNATIONAL ENERGY CONSERVATION CODE OR THE
ANSI/ASHRAE/IESNA STANDARD 90.1, CAUSE THE STATE ENERGY CONSERVATION
CONSTRUCTION CODE TO BE UPDATED TO REFLECT CHANGES IN ANY SUCH REVISED
OR UPDATED EDITION.
§ 4. This act shall take effect immediately.