Sec. 458.3. Enforcement of compliance with construction standards of State Energy Conservation Construction Code

(a) Compliance with the State Energy Conservation Construction Code shall be a precondition for the provision, by any municipality or cooperative purchasing power from the Power Authority, of electric service to all new building construction, or to any addition, alteration or renovation of any existing building which materially changes its heating or cooling requirements, in any locality of the State which does not have a municipal building department or building permit process. A form of certificate of compliance, included as Appendix 10-C of this Title shall be provided to the builder or contractor when the builder/contractor first contacts the municipality or cooperative concerning electric service to any building or building improvement subject to the requirements of this section. The form shall be completed before the municipality or cooperative supplies electric service. In addition, an inspection of the premises by an employee of the municipal electric department, building code enforcement inspector or qualified representative of the municipal government is required to verify compliance with these standards.

(b) The State Energy Conservation Construction Code has been promulgated by the State Energy Office pursuant to article 11 of the Energy Law. The code applies to all new public and private buildings and construction of any addition, alteration or renovation of an existing building which materially increases the heating and/or cooling requirements of such a building. This code has been promulgated as regulations of the State Energy Office in 9 NYCRR Parts 7810 through 7815.

(c) Unusual circumstances.

In unusual circumstances when the application of the requirements of this section appears impracticable or inequitable, the utility or the applicant will refer the matter to the Power Authority for special ruling or for the approval of special conditions which may be mutually agreed upon.