DOS-24-14-00002-A State Energy Conservation Construction Code (Energy Code)
12/31/14 N.Y. St. Reg. DOS-24-14-00002-A
NEW YORK STATE REGISTER
VOLUME XXXVI, ISSUE 52
December 31, 2014
RULE MAKING ACTIVITIES
DEPARTMENT OF STATE
NOTICE OF ADOPTION
I.D No. DOS-24-14-00002-A
Filing No. 1068
Filing Date. Dec. 16, 2014
Effective Date. Jan. 01, 2015
State Energy Conservation Construction Code (Energy Code)
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Repeal of Part 1240; and addition of new Part 1240 to Title 19 NYCRR.
Statutory authority:
Energy Law, section 11-103
Subject:
State Energy Conservation Construction Code (Energy Code).
Purpose:
To repeal existing provisions of the Energy Code and adopt new provisions so as to reduce energy use in commercial buildings.
Substance of final rule:
Article 11 of the Energy Law provides for adoption of a State Energy Conservation Construction Code by the State Fire Prevention and Building Code Council. Such code shall protect the health, safety and security of the people of the State of New York, assure a continuing supply of energy for future generations, and mandate that economically reasonable energy conservation techniques be used in the design and construction of all public and private buildings in New York. The rule making repeals 19 NYCRR Part 1240 which currently establishes the provisions of the State Energy Conservation Construction Code and replaces it with a new Part 1240 which provides for a distinction between those energy code provisions applicable to residential buildings and those applicable to commercial buildings. The revised code provisions for commercial buildings meet or exceed the requirements of the 2010 edition of the publication entitled ANSI/ASHRAE/IES Standard 90.1: Energy Standards for Buildings Except Low-Rise Residential Buildings (ASHRAE 90.1-2010).
Section 1240.1 of new Part 1240 states that provisions of Part 1240 along with publications incorporated by reference therein shall constitute the State Energy Conservation Construction Code. Section 1240.2 sets forth definitions for certain terms used in the text of the regulation.
Section 1240.3 establishes the energy code provisions that shall be applicable to residential buildings. The construction of all new residential buildings, of all additions to, alterations of, and/or renovations of existing residential buildings, and of all additions to, alterations of, and/or renovations of building systems in existing residential buildings shall comply with the requirements of Chapters 1, 2, 3, 4, and 6 of the publication entitled Energy Conservation Construction Code of New York State, publication date August 2010 (2010 ECCCNYS), provided however that such chapters of the 2010 ECCCNYS shall be deemed to be amended to the extent set forth in Chapter 1 of the publication entitled 2014 Supplement to the New York State Energy Conservation Construction Code (the 2014 Supplement). The 2010 ECCCNYS, the 2014 Supplement and certain codes and standards denoted in Chapter 6 of the 2010 ECCCNYS are incorporated by reference to be part of the new Part 1240 text.
Section 1240.4 establishes the energy code provisions that shall be applicable to commercial buildings. The construction of all new commercial buildings, of all additions to, alterations of, and/or renovations of existing commercial buildings, and of all additions to, alterations of, and/or renovations of building systems in existing commercial buildings shall comply with the requirements of Chapter 1 of the 2010 ECCCNYS and Chapters C2, C3, and C4 of the Commercial Provisions portion of the publication entitled 2012 International Energy Conservation Code published by the International Code Council, Inc. (2012 IECC). As with the energy code provisions applicable to residential buildings, certain provisions of the 2010 ECCCNYS and the 2012 IECC shall be deemed to be amended in the manner set forth in applicable chapters of the 2014 Supplement. To the extent provided in the Commercial Provisions portion of the 2012 IECC, compliance with the requirements of the publication entitled Energy Standard for Buildings Except Low-Rise Residential Buildings, standard reference number 90.1-2010, published by the American Society of Heating, Refrigerating and Air-Conditioning Engineers, Inc. (ASHRAE 90.1-2010) shall be permitted in lieu of compliance with specified sections of the 2012 IECC. However, certain provisions of ASHRAE 90.1-2010 shall be deemed to be amended in the manner specified in Chapter 3 of the 2014 Supplement. Chapter 1 of the 2010 ECCCNYS, Chapters C2, C3 and C4 of the Commercial Provisions portion of the 2012 IECC, the 2014 Supplement, ASHRAE 90.1-2010, and certain codes and standards denoted in Chapter 4 of the 2014 Supplement are incorporated by reference to be a part of the text of the new Part 1240.
Section 1240.5 specifies that provisions of the State Energy Conservation Construction Code shall not apply to the alteration or renovation of an historic building. In addition, the code shall not apply to certain listed alterations of existing buildings provided such alteration will not increase the energy usage of the building.
Final rule as compared with last published rule:
Nonsubstantive changes were made in sections 1240.2(c), (d), 1240.3(a), 1240.4(a)(1) and (2).
Text of rule and any required statements and analyses may be obtained from:
Mark Blanke, Department of State, Division of Building Standards and Code, One Commerce Plaza, 99 Washington Ave., Albany, NY 12231-0001, (518) 474-4073, email: Mark Blanke@dos.ny.gov
Revised Regulatory Impact Statement
Changes made to the rule text since publication of the Notice of Proposed Rule Making are described below. These changes do not affect the issues addressed in the Regulatory Impact Statement and, therefore, a Revised Regulatory Impact Statement is not required.
The text of 19 NYCRR Part 1240 originally proposed for addition to the Official Compilation of Codes, Rules and Regulations of the State of New York has been changed to clarify or correct the publication dates of two of the documents that will be incorporated by reference into Part 1240. Non-substantive changes have been made to the publication entitled 2014 Supplement to the New York State Energy Conservation Construction Code (“2014 Supplement”). The revised version is dated November 2014. Sections 1240.2 (d), 1240.3(a) and 1240.4(a)(1) of 19 NYCRR Part 1240 were changed to provide for incorporation by reference of the 2014 Supplement, publication date November 2014, into 19 NYCRR Part 1240. Errata contained within the publication entitled 2012 International Energy Conservation Code (2012 IECC”) has periodically been corrected by its publisher International Code Council, Inc. and incorporated into subsequent printings of such publication. Sections 1240.2(c) and 1240.4(a)(2) of 19 NYCRR Part 1240 were changed to clarify that it is the Fourth Printing, publication date October 2013 of the 2012 IECC that is incorporated by reference into Part 1240.
The 2012 IECC and portions of the publication entitled Energy Conservation Construction Code of New York State (“2010 ECCCNYS”) are incorporated by reference into 19 NYCRR Part 1240 to the extent that such publications are deemed to be amended by the provisions of the 2014 Supplement. Subsequent to publication of the Notice of Proposed Rule Making, the following non-substantive changes have been made to provisions of the 2014 Supplement which direct that certain portions of the 2010 ECCCNYS and the 2012 IECC be deemed amended for incorporation as part of the New York State Energy Conservation Construction Code.
Changes to Chapter 1, Amendments to the 2010 ECCCNYS:
a. Paragraph 2, Section 101.1 Titles: The sentence “The 2012 International Energy Code shall be known as the 2012 IECC” is changed to read “The 2012 Fourth Printing of the International Energy Code shall be known as the “2012 IECC”” to clarify that the latest available printing of the 2012 IECC including all ICC corrections of errata to date, is the document referenced by the 2012 ECCCNYS.
b. Paragraph 4 Section 101.3.1 Federal Standards: The Section is amended to add the following text behind the last sentence of Section 101.3.1 “Applicability of the terms Residential and Commercial for the application of this code, shall be in accordance with the definitions found in Paragraph 15 of this Chapter.” This change provides clarification to code users for the applicability of the terms Residential and Commercial, in appropriate sections of the Energy Code.
Changes to Chapter 2, Amendments to the 2012 IECC:
a. Chapter 2, Paragraph 1, 2012 IECC Section C202 (General Definitions): The definition 2014 Supplement is amended to read as follows:
2014 SUPPLEMENT. The publication entitled 2014 Supplement to the New York State Energy Conservation Construction Code published by the New York State Department of State (Published November 7, 2014)
b. Chapter 2, paragraph 14, IECC 2012 Section C403.2.3.1 is corrected to read as follows:
C403.2.3.1 Water-cooled centrifugal chilling packages. Equipment not designed for operation at AHRI Standard 550/590 test conditions of 44°F (7°C) leaving chilled-water temperature and 85°F (29°C) entering condenser water temperature with 3 gpm/ton (0.054 I/s • kW) condenser water flow shall have maximum full-load kW/ton and NPLV ratings adjusted using the equations specified in Section 6.4.1.2.1 of ASHRAE 90.1 2010.
c. Chapter 2, Paragraph 21, 2012 IECC Section C403.3.1 (Economizers) Table 403.3.1 footnote (2) is corrected to read as follows:
(2) the energy efficiency of the HVAC unit is not rated with any “part load” metric but is rated with a “full load” metric (such as EER or COP); Tables C403.2.3 (1) though C403.2. (8) specify a required minimum cooling efficiency for such HVAC unit using the same “full load” metric; and the rated efficiency of the HVAC unit exceeds the required minimum efficiency (expressed in the same “full load” metric) by at least the percentage shown in this Table.
d. Chapter 2, Paragraph 27, 2012 IECC Section C403.4.5 (Requirements for mechanical systems serving multiple zones): The second paragraph of Section C403.4.5 is amended to read:
Sections C403.4.5.1 through C403.4.5.5 shall apply to complex mechanical systems serving multiple zones. Supply air systems serving multiple zones shall be VAV systems which, during periods of occupancy, are designed and capable of being controlled to reduce primary air supply to each zone to one of the following before reheating, recooling or mixing takes place:
e. Chapter 2, Paragraph 29, 2012 IECC Section C403.4.5.5 Multiple-zone VAV system ventilation optimization: Section C403.4.5.5 is amended to read:
C403.4.5.5 Multiple-zone VAV system ventilation optimization control. Multiple- zone VAV systems with DDC of individual zone boxes reporting to a central control panel shall have automatic controls configured to reduce outdoor air intake flow below design rates in response to changes in system ventilation efficiency (Ev) as defined by ASHRAE 90.1, Section 6.5.3.3
f. Chapter 2, Paragraph 38, 2012 IECC Table C406.2.(4) is amended to read as follows; Warm air furnaces and Combination warm air furnaces /Air conditioning units, Warm air duct furnaces and unit heaters, efficiency requirements.
Reason for the changes: To provide typographical correction.
g. Paragraph 1, 2012 IECC Section C202 (General Definitions)
i. The definition of the term “Building Thermal Envelope” is amended to read as follows:
The exterior walls (above and below grade), floor, roof and any other building elements that enclose conditioned space, or provides a boundary between conditioned space and exempt or unconditioned space.
The term “Basement wall” is removed from the definition of” Building thermal envelope.”
ii. The definition of the term “Below Grade walls “is added to read as follows: “BELOW GRADE WALLS. Below grade walls are basement or first story walls associated with the exterior of the building that are at least 85 percent below grade.”
Reason for the change: To provide further coordination with the ICC errata, and the Fourth printing of the IECC 2012.
h. Chapter 2, Paragraph 30, 2012 IECC Section C405.1 Electrical power and lighting systems (Mandatory):
i. Amend Section C405.1 to read “C405.1 Electrical power and lighting systems (Mandatory).
Exception. Dwelling units within commercial buildings shall not be required to comply with Sections C405.2 through C405.5 provided that a minimum of 75 percent of the lamps in permanently installed lighting fixtures, other than low voltage lighting, be high-efficacy lamps, or a minimum of 75 percent of the permanently installed lighting fixtures contain only high efficacy lamps.
Reason for the change: To provide further clarification of the code section.
i. Chapter 2, Paragraph 32, 2012 IECC Section C405.3 Tandem wiring (Mandatory)
Delete Section C405.3 in its entirety.
Reason for the change: Eliminates outdated technology which is no longer relevant.
Delete Section C405.5.1.2 in its entirety. This section is moved to C405.5.1.4
Reason for the change: Moves the code requirement to a more relevant section.
k. Chapter 2, Paragraph 34, 2012 IECC Section C405.5.1.3 Other luminaires
Amend Section C405.5.1.3 to read “Section C405.5.1.3 Other luminaires.The wattage of all other lighting equipment including luminaries with integral or remote ballasts, transformers, or similar devices shall be the wattage of the lighting equipment verified through data furnished by the manufacturer or other approved sources.”
Reason for the change: Provides further clarification for assessment of allowable wattage by indicating power sources to be considered in specialized lighting applications.
l. Chapter 2, Paragraph 35, 2012 IECC Section C405.5.1.4 Line voltage track and plug-in busway:
Amend Section C405.5.1.4 to read “C405.5.1.4 Line voltage. Lighting track and plug-in busway. The wattage shall be:
1. The specified wattage of the luminaires included in the system with a minimum of 30W/lin.ft; or
2. The wattage limit of the system’s circuit breaker; or
3. The wattage limit of other permanent current limiting devices(s) on the system; or
4. For low voltage systems, the maximum wattage of the transformer supplying the system.
Reason for the change: Moves the code requirement to a more relevant section.
Amend Section C405.6 to read “C405.6 Exterior lighting (Mandatory) Where the power for exterior lighting is supplied through the energy service to the building, all exterior lighting, shall comply with Section C405.6.2
n. Chapter 2, Paragraph 37, 2012 IECC Section C405.6.1 Exterior building grounds lighting:
Delete Section C405.6.1 in its entirety.
Reason for the change: The modification is a minor change to the code section, and was accepted in the Final Action agenda of the IECC 2013 code cycle. The modification simplifies the code text without reducing (without modifying) stringency. The exemption for “low-voltage landscape lighting” adds unnecessary complexity. This exemption is not in Standard ASHRAE 90.1-2010
Revised Regulatory Flexibility Analysis
Changes made to the rule text since publication of the Notice of Proposed Rule Making are described below. These changes do not affect the issues addressed in the Regulatory Flexibility Analysis for Small Businesses and Local Governments and, therefore, a Revised Regulatory Flexibility Analysis is not required.
The text of 19 NYCRR Part 1240 originally proposed for addition to the Official Compilation of Codes, Rules and Regulations of the State of New York has been changed to clarify or correct the publication dates of two of the documents that will be incorporated by reference into Part 1240. Non-substantive changes have been made to the publication entitled 2014 Supplement to the New York State Energy Conservation Construction Code (“2014 Supplement”). The revised version is dated November 2014. Sections 1240.2 (d), 1240.3(a) and 1240.4(a)(1) of 19 NYCRR Part 1240 were changed to provide for incorporation by reference of the 2014 Supplement, publication date November 2014, into 19 NYCRR Part 1240. Errata contained within the publication entitled 2012 International Energy Conservation Code (2012 IECC”) has periodically been corrected by its publisher International Code Council, Inc. and incorporated into subsequent printings of such publication. Sections 1240.2(c) and 1240.4(a)(2) of 19 NYCRR Part 1240 were changed to clarify that it is the Fourth Printing, publication date October 2013 of the 2012 IECC that is incorporated by reference into Part 1240.
The 2012 IECC and portions of the publication entitled Energy Conservation Construction Code of New York State (“2010 ECCCNYS”) are incorporated by reference into 19 NYCRR Part 1240 to the extent that such publications are deemed to be amended by the provisions of the 2014 Supplement. Subsequent to publication of the Notice of Proposed Rule Making, the following non-substantive changes have been made to provisions of the 2014 Supplement which direct that certain portions of the 2010 ECCCNYS and the 2012 IECC be deemed amended for incorporation as part of the New York State Energy Conservation Construction Code.
Changes to Chapter 1, Amendments to the 2010 ECCCNYS:
a. Paragraph 2, Section 101.1 Titles: The sentence “The 2012 International Energy Code shall be known as the 2012 IECC” is changed to read “The 2012 Fourth Printing of the International Energy Code shall be known as the “2012 IECC”” to clarify that the latest available printing of the 2012 IECC including all ICC corrections of errata to date, is the document referenced by the 2012 ECCCNYS.
b. Paragraph 4 Section 101.3.1 Federal Standards: The Section is amended to add the following text behind the last sentence of Section 101.3.1 “Applicability of the terms Residential and Commercial for the application of this code, shall be in accordance with the definitions found in Paragraph 15 of this Chapter.” This change provides clarification to code users for the applicability of the terms Residential and Commercial, in appropriate sections of the Energy Code.
Changes to Chapter 2, Amendments to the 2012 IECC:
a. Chapter 2, Paragraph 1, 2012 IECC Section C202 (General Definitions): The definition 2014 Supplement is amended to read as follows:
2014 SUPPLEMENT. The publication entitled 2014 Supplement to the New York State Energy Conservation Construction Code published by the New York State Department of State (Published November 7, 2014)
b. Chapter 2, paragraph 14, IECC 2012 Section C403.2.3.1 is corrected to read as follows;
C403.2.3.1 Water-cooled centrifugal chilling packages. Equipment not designed for operation at AHRI Standard 550/590 test conditions of 44°F (7°C) leaving chilled-water temperature and 85°F (29°C) entering condenser water temperature with 3 gpm/ton (0.054 I/s • kW) condenser water flow shall have maximum full-load kW/ton and NPLV ratings adjusted using the equations specified in Section 6.4.1.2.1 of ASHRAE 90.1 2010.
c. Chapter 2, Paragraph 21, 2012 IECC Section C403.3.1 (Economizers) Table 403.3.1 footnote (2) is corrected to read as follows:
(2) the energy efficiency of the HVAC unit is not rated with any “part load” metric but is rated with a “full load” metric (such as EER or COP); Tables C403.2.3 (1) though C403.2. (8) specify a required minimum cooling efficiency for such HVAC unit using the same “full load” metric; and the rated efficiency of the HVAC unit exceeds the required minimum efficiency (expressed in the same “full load” metric) by at least the percentage shown in this Table.
d. Chapter 2, Paragraph 27, 2012 IECC Section C403.4.5 (Requirements for mechanical systems serving multiple zones)): The second paragraph of Section C403.4.5 is amended to read:
Sections C403.4.5.1 through C403.4.5.5 shall apply to complex mechanical systems serving multiple zones. Supply air systems serving multiple zones shall be VAV systems which, during periods of occupancy, are designed and capable of being controlled to reduce primary air supply to each zone to one of the following before reheating, recooling or mixing takes place:
e. Chapter 2, Paragraph 29, 2012 IECC Section C403.4.5.5 Multiple-zone VAV system ventilation optimization: Section C403.4.5.5 is amended to read:
C403.4.5.5 Multiple-zone VAV system ventilation optimization control. Multiple- zone VAV systems with DDC of individual zone boxes reporting to a central control panel shall have automatic controls configured to reduce outdoor air intake flow below design rates in response to changes in system ventilation efficiency (Ev) as defined by ASHRAE 90.1, Section 6.5.3.3
f. Chapter 2, Paragraph 38, 2012 IECC Table C406.2.(4) is amended to read as follows; Warm air furnaces and Combination warm air furnaces /Air conditioning units, Warn Warm air duct furnaces and unit heaters, efficiency requirements.
Reason for the changes: To provide typographical correction.
g. Paragraph 1, 2012 IECC Section C202 (General Definitions)
i. The definition of the term “Building Thermal Envelope” is amended to read as follows:
The exterior walls (above and below grade), floor, roof and any other building elements that enclose conditioned space, or provides a boundary between conditioned space and exempt or unconditioned space.
The term “Basement wall” is removed from the definition of” Building thermal envelope.”
ii. The definition of the term “Below Grade walls “is added to read as follows: “BELOW GRADE WALLS. Below grade walls are basement or first story walls associated with the exterior of the building that are at least 85 percent below grade.”
Reason for the change: To provide further coordination with the ICC errata, and the Fourth printing of the IECC 2012.
h. Chapter 2, Paragraph 30, 2012 IECC Section C405.1 Electrical power and lighting systems (Mandatory):
i. Amend Section C405.1 to read “C405.1 Electrical power and lighting systems (Mandatory)
Exception. Dwelling units within commercial buildings shall not be required to comply with Sections C405.2 through C405.5 provided that a minimum of 75 percent of the lamps in permanently installed lighting fixtures, other than low voltage lighting, be high-efficacy lamps, or a minimum of 75 percent of the permanently installed lighting fixtures contain only high efficacy lamps.
Reason for the change: To provide further clarification of the code section.
i. Chapter 2, Paragraph 32, 2012 IECC Section C405.3 Tandem wiring (Mandatory):
Delete Section C405.3 in its entirety.
Reason for the change: Eliminates outdated technology which is no longer relevant.
Delete Section C405.5.1.2 in its entirety. This section is moved to C405.5.1.4
Reason for the change: Moves the code requirement to a more relevant section.
k. Chapter 2, Paragraph 34, 2012 IECC Section C405.5.1.3 Other luminaires
Amend Section C405.5.1.3 to read “Section C405.5.1.3 Other luminaires.The wattage of all other lighting equipment including luminaries with integral or remote ballasts, transformers, or similar devices shall be the wattage of the lighting equipment verified through data furnished by the manufacturer or other approved sources.”
Reason for the change: Provides further clarification for assessment of allowable wattage by indicating power sources to be considered in specialized lighting applications.
l. Chapter 2, Paragraph 35, 2012 IECC Section C405.5.1.4 Line voltage track and plug-in busway:
Amend Section C405.5.1.4 to read “C405.5.1.4 Line voltage. Lighting track and plug-in busway. The wattage shall be:
1. The specified wattage of the luminaires included in the system with a minimum of 30W/lin.ft; or
2. The wattage limit of the system’s circuit breaker; or
3. The wattage limit of other permanent current limiting devices(s) on the system; or
4. For low voltage systems, the maximum wattage of the transformer supplying the system.
Reason for the change: Moves the code requirement to a more relevant section.
Amend Section C405.6 to read “C405.6 Exterior lighting (Mandatory) Where the power for exterior lighting is supplied through the energy service to the building, all exterior lighting, shall comply with Section C405.6.2.
n. Chapter 2, Paragraph 37, 2012 IECC Section C405.6.1 Exterior building grounds lighting:
Delete Section C405.6.1 in its entirety.
Reason for the change: The modification is a minor change to the code section, and was accepted in the Final Action agenda of the IECC 2013 code cycle. The modification simplifies the code text without reducing (without modifying) stringency. The exemption for “low-voltage landscape lighting” adds unnecessary complexity. This exemption is not in Standard ASHRAE 90.1-2010.
Revised Rural Area Flexibility Analysis
Changes made to the rule text since publication of the Notice of Proposed Rule Making are described below. These changes do not affect the issues addressed in the Rural Area Flexibility Analysis and, therefore, a Revised Rural Area Flexibility Analysis is not required.
The text of 19 NYCRR Part 1240 originally proposed for addition to the Official Compilation of Codes, Rules and Regulations of the State of New York has been changed to clarify or correct the publication dates of two of the documents that will be incorporated by reference into Part 1240. Non-substantive changes have been made to the publication entitled 2014 Supplement to the New York State Energy Conservation Construction Code (“2014 Supplement”). The revised version is dated November 2014. Sections 1240.2 (d), 1240.3(a) and 1240.4(a)(1) of 19 NYCRR Part 1240 were changed to provide for incorporation by reference of the 2014 Supplement, publication date November 2014, into 19 NYCRR Part 1240. Errata contained within the publication entitled 2012 International Energy Conservation Code (2012 IECC”) has periodically been corrected by its publisher International Code Council, Inc. and incorporated into subsequent printings of such publication. Sections 1240.2(c) and 1240.4(a)(2) of 19 NYCRR Part 1240 were changed to clarify that it is the Fourth Printing, publication date October 2013 of the 2012 IECC that is incorporated by reference into Part 1240.
The 2012 IECC and portions of the publication entitled Energy Conservation Construction Code of New York State (“2010 ECCCNYS”) are incorporated by reference into 19 NYCRR Part 1240 to the extent that such publications are deemed to be amended by the provisions of the 2014 Supplement. Subsequent to publication of the Notice of Proposed Rule Making, the following non-substantive changes have been made to provisions of the 2014 Supplement which direct that certain portions of the 2010 ECCCNYS and the 2012 IECC be deemed amended for incorporation as part of the New York State Energy Conservation Construction Code.
Changes to Chapter 1, Amendments to the 2010 ECCNYS:
a. Paragraph 2, Section 101.1 Titles: The sentence “The 2012 International Energy Code shall be known as the 2012 IECC” is changed to read “The 2012 Fourth Printing of the International Energy Code shall be known as the “2012 IECC”” to clarify that the latest available printing of the 2012 IECC including all ICC corrections of errata to date, is the document referenced by the 2012 ECCNYS.
b. Paragraph 4 Section 101.3.1 Federal Standards: The Section is amended to add the following text behind the last sentence of Section 101.3.1 “Applicability of the terms Residential and Commercial for the application of this code, shall be in accordance with the definitions found in Paragraph 15 of this Chapter.” This change provides clarification to code users for the applicability of the terms Residential and Commercial, in appropriate sections of the Energy Code.
Changes to Chapter 2, Amendments to the 2012 IECC:
a. Chapter 2, Paragraph 1, 2012 IECC Section C202 (General Definitions): The definition 2014 Supplement is amended to read as follows:
2014 SUPPLEMENT. The publication entitled 2014 Supplement to the New York State Energy Conservation Construction Code published by the New York State Department of State (Published November 7, 2014)
b. Chapter 2, paragraph 14, IECC 2012 Section C403.2.3.1 is corrected to read as follows;
C403.2.3.1 Water-cooled centrifugal chilling packages. Equipment not designed for operation at AHRI Standard 550/590 test conditions of 44°F (7°C) leaving chilled-water temperature and 85°F (29°C) entering condenser water temperature with 3 gpm/ton (0.054 I/s • kW) condenser water flow shall have maximum full-load kW/ton and NPLV ratings adjusted using the equations specified in Section 6.4.1.2.1 of ASHRAE 90.1 2010.
c. Chapter 2, Paragraph 21, 2012 IECC Section C403.3.1 (Economizers) Table 403.3.1 footnote (2) is corrected to read as follows:
(2) the energy efficiency of the HVAC unit is not rated with any “part load” metric but is rated with a “full load” metric (such as EER or COP); Tables C403.2.3 (1) though C403.2. (8) specify a required minimum cooling efficiency for such HVAC unit using the same “full load” metric; and the rated efficiency of the HVAC unit exceeds the required minimum efficiency (expressed in the same “full load” metric) by at least the percentage shown in this Table.
d. Chapter 2, Paragraph 27, 2012 IECC Section C403.4.5 (Requirements for mechanical systems serving multiple zones)): The second paragraph of Section C403.4.5 is amended to read:
Sections C403.4.5.1 through C403.4.5.5 shall apply to complex mechanical systems serving multiple zones. Supply air systems serving multiple zones shall be VAV systems which, during periods of occupancy, are designed and capable of being controlled to reduce primary air supply to each zone to one of the following before reheating, recooling or mixing takes place:
e. Chapter 2, Paragraph 29, 2012 IECC Section C403.4.5.5 Multiple-zone VAV system ventilation optimization: Section C403.4.5.5 is amended to read:
C403.4.5.5 Multiple-zone VAV system ventilation optimization control. Multiple- zone VAV systems with DDC of individual zone boxes reporting to a central control panel shall have automatic controls configured to reduce outdoor air intake flow below design rates in response to changes in system ventilation efficiency (Ev) as defined by ASHRAE 90.1, Section 6.5.3.3
f. Chapter 2, Paragraph 38, 2012 IECC Table C406.2.(4) is amended to read as follows; Warm air furnaces and Combination warm air furnaces /Air conditioning units, Warn Warm air duct furnaces and unit heaters, efficiency requirements.
Reason for the changes: To provide typographical correction.
g. Paragraph 1, 2012 IECC Section C202 (General Definitions)
i. The definition of the term “Building Thermal Envelope” is amended to read as follows:
The exterior walls (above and below grade), floor, roof and any other building elements that enclose conditioned space, or provides a boundary between conditioned space and exempt or unconditioned space.
The term “Basement wall” is removed from the definition of” Building thermal envelope.”
ii. The definition of the term “Below Grade walls “is added to read as follows: “BELOW GRADE WALLS. Below grade walls are basement or first story walls associated with the exterior of the building that are at least 85 percent below grade.”
Reason for the change: To provide further coordination with the ICC errata, and the Fourth printing of the IECC 2012.
h. Chapter 2, Paragraph 30, 2012 IECC Section C405.1 Electrical power and lighting systems (Mandatory):
i. Amend Section C405.1 to read “C405.1 Electrical power and lighting systems (Mandatory)
Exception. Dwelling units within commercial buildings shall not be required to comply with Sections C405.2 through C405.5 provided that a minimum of 75 percent of the lamps in permanently installed lighting fixtures, other than low voltage lighting, be high-efficacy lamps, or a minimum of 75 percent of the permanently installed lighting fixtures contain only high efficacy lamps.
Reason for the change: To provide further clarification of the code section.
i. Chapter 2, Paragraph 32, 2012 IECC Section C405.3 Tandem wiring (Mandatory):
Delete Section C405.3 in its entirety.
Reason for the change: Eliminates outdated technology which is no longer relevant.
Delete Section C405.5.1.2 in its entirety. This section is moved to C405.5.1.4
Reason for the change: Moves the code requirement to a more relevant section.
k. Chapter 2, Paragraph 34, 2012 IECC Section C405.5.1.3 Other luminaires
Amend Section C405.5.1.3 to read “Section C405.5.1.3 Other luminaires.The wattage of all other lighting equipment including luminaries with integral or remote ballasts, transformers, or similar devices shall be the wattage of the lighting equipment verified through data furnished by the manufacturer or other approved sources.”
Reason for the change: Provides further clarification for assessment of allowable wattage by indicating power sources to be considered in specialized lighting applications.
l. Chapter 2, Paragraph 35, 2012 IECC Section C405.5.1.4 Line voltage track and plug-in busway:
Amend Section C405.5.1.4 to read “C405.5.1.4 Line voltage. Lighting track and plug-in busway. The wattage shall be:
1. The specified wattage of the luminaires included in the system with a minimum of 30W/lin.ft; or
2. The wattage limit of the system’s circuit breaker; or
3. The wattage limit of other permanent current limiting devices(s) on the system; or
4. For low voltage systems, the maximum wattage of the transformer supplying the system.
Reason for the change: Moves the code requirement to a more relevant section.
Amend Section C405.6 to read “C405.6 Exterior lighting (Mandatory) Where the power for exterior lighting is supplied through the energy service to the building, all exterior lighting, shall comply with Section C405.6.2
n. Chapter 2, Paragraph 37, 2012 IECC Section C405.6.1 Exterior building grounds lighting:
Delete Section C405.6.1 in its entirety.
Reason for the change: The modification is a minor change to the code section, and was accepted in the Final Action agenda of the IECC 2013 code cycle. The modification simplifies the code text without reducing (without modifying) stringency. The exemption for “low-voltage landscape lighting” adds unnecessary complexity. This exemption is not in Standard ASHRAE 90.1-2010
Revised Job Impact Statement
The Department of State has determined that it is apparent from the nature and purpose of the rule making that it will not have a substantial adverse impact on jobs and employment opportunities. The rule making will amend the State Energy Conservation Construction Code (“State Energy Code”) by adopting a building energy code for commercial buildings which is based largely on (1) the 2012 edition of the International Energy Conservation Code (the “2012 IECC”), a model code developed and published by the International Code Council (“ICC”), and (2) the 2010 edition of ASHRAE-90.1 (the “2010 ASHRAE 90.1 Energy Standard for Buildings Except Low Rise Residential Buildings” ), a standard published by the American Society Of Heating and Refrigeration and Air Conditioning Engineers.
Both the 2012 IECC and the 2010 ASHRAE 90.1 incorporate more current technology in the area of energy conservation. By implementing new technology in all areas of building construction, the overall effect is a potential for increased employment in the construction of a building. This is evidenced by increased initial costs in certain building types. Increases in building construction costs include (but are not limited to);
1.) Lighting systems; the installation of advanced controls for lighting systems, both interior and exterior lighting.
2.) Day lighting controls; which monitor the available sunlight to provide alternate interior building lighting.
3.) Building ventilation controls; which monitor need for ventilation air.
4.) Building air barriers; more detailed requirements for the installation of positive building air barriers, which potentially increase employment in the installation of a more positive air barrier, as well as the inspection of the same.
5.) Building mechanical systems commissioning and completion requirements; New code requirements for building mechanical systems commissioning, which requires the involvement of a registered design professional, or an approved agency, for the purpose of verifying and documenting the HVAC systems have been designed, installed and functioning according to project requirements, and minimum code requirements.
In addition, as a performance-based, rather than a prescriptive, code, the 2012 IECC provides for alternative methods of achieving code compliance, thereby allowing regulated parties to choose the most cost effective method. By using performance-based design, customized goals that may not have been anticipated by the building code, can be achieved while maintaining or exceeding the facility’s required level of energy efficiency. This software approach is sometimes referred to as a “trade off approach” as it allows, for example, less insulation in one area when made up in another.
As a consequence, the Department of State and the State Fire Prevention and Building Code Council conclude that regulations based upon the 2012 IECC and the 2010 ASHRAE 90.1 will provide a greater efficiency incentive for the construction of new buildings and the rehabilitation of existing buildings than exists with the current State Energy Code. Therefore, this rule making will not have a substantial adverse impact on jobs and employment opportunities within New York. In fact, the contrary may be true, in that the revised State Energy Code may result in an increase in employment opportunities for those involved in the field of building technology. Each of the updated requirements for the incorporation of newer building technology have the potential to result in a need for increased engineering and inspection infrastructure which appear to positively impact New York State’s job market.
Initial Review of Rule
As a rule that requires a RFA, RAFA or JIS, this rule will be initially reviewed in the calendar year 2018, which is no later than the 3rd year after the year in which this rule is being adopted.
Assessment of Public Comment
The Department of State received several comments during the public comment period designated for this rulemaking. Although the Department received several comments asserting in general terms that, if adopted, the rule will result in increased construction costs for regulated parties, no comments received included any specific estimates of cost projections that the rule will result in increased construction costs which differed significantly from those presented by the Department in the Regulatory Impact Statement, Regulatory Flexibility Analysis, or Rural Area Flexibility Analysis prepared for this rule making.
COMMENT: The 2014 Supplement to the New York State Energy Conservation Construction Code (“the Supplement”) is not user friendly. A format of text strike out (text to be removed) and replacement (text to be added) would be more practical for the user.
RESPONSE: The Supplement provides modifications to several publications which will be incorporated by reference into the text of the newly adopted regulation. In developing the format of the Supplement, different formats were considered. A decision was made that the most appropriate format would be to restate the entire code section as it will appear for regulated parties.
COMMENT: Is Chapter 5 of the 2010 Energy Conservation Construction Code of New York State (“2010 ECCCNYS”) being eliminated?
RESPONSE: Chapter 5 of the publication 2010 ECCCNYS will not be incorporated by reference as part of the text of the revised State Energy Conservation Construction Code (“Energy Code”). Chapter 5 will be replaced by Chapter C4 of the publication 2012 International Energy Conservation Code (“2012 IECC”) which will be incorporated by reference to be part of the Energy Code.
COMMENT: There is confusion in Chapter 1 of the Supplement when referring to “the New York State Residential Energy Code”, “the New York State Commercial Energy Code, and the New York State Energy Code”.
RESPONSE: The Supplement’s Introductory statement explains the differences between the documents stating which portions of the publication 2010 ECCCNYS will continue to be incorporated by reference to remain a part of a revised Energy Code and which other documents will also incorporated by reference so as to be part of a revised Energy Code.
COMMENT: Are the exceptions noted in the publication 2010 ECCCNYS regarding Additions, Alterations and Renovations to remain a part of the revised Energy Code?
RESPONSE: Chapter 1 (Administrative provisions) of the 2010 ECCCNYS, as deemed to be amended by provisions of The Supplement, will be incorporated by reference to be a part of a revised Energy Code.
COMMENT: Several definitions are replicated in subsequent chapters of The Supplement.
RESPONSE: Chapter 1 of The Supplement pertains to residential construction while Chapter 2 pertains to commercial construction. The definitions established for residential construction may have different meanings when applied to commercial construction.
COMMENT: Are any of the referenced standards modified by The Supplement standards which are referenced by the 2010 ECCCNYS.
RESPONSE: The Supplement only modifies referenced standards listed in the 2012 IECC. Referenced standards listed in the 2010 ECCCNYS are not modified by the Supplement.
COMMENT: It seems we are losing prescriptive design to performance design.
RESPONSE: Prescriptive design is still a valid design methodology, and is unaffected by the addition of a performance alternate. Prescriptive design will not lessened by the revised Energy Code.
COMMENT: If the proposed provisions of The Supplement regarding commercial construction are implemented, New York State will be in violation of federal law.
RESPONSE: That is not an accurate assessment. The Department of State is acutely aware of the requirements of the Federal Energy Conservation and Production Act (EPCA) mandate, (i.e. to adopt an Energy Code at least as restrictive as the most current version of ASHARE 90.1) and has accordingly taken steps to assure that New York State is not out of compliance with EPCA.
COMMENT: The Supplement describes conflict resolution between Residential Chapters of the 2010 ECCCNYS and its referenced standards, but is silent on conflicts involving Commercial Chapters of the code.
RESPONSE: Chapter 1of the Supplement describes conflict resolution within the 2010 ECCCNYS as applied to Residential requirements. Chapters 2 and 3 of the Supplement specifically address commercial provision modifications of the 2012 IECC and commercial referenced standards of the 2012 IECC, eliminating potential conflict between the two within the Supplement. Secondly, the official Text of Rule Part 1240 also addresses the subject of potential conflict between Chapters of 2012 IECC and its referenced standards.
COMMENT: There are several typographical errors in The Supplement.
RESPONSE: Typographical errors will be corrected.
COMMENT: The International Code Council (ICC) has published errata to identify several corrections to the text of the 2012 2012 IECC. Will these errata be included as part of the revised Energy Code?
RESPONSE: Yes, the Fourth Printing of the 2012 IECC is the version which will be incorporated by reference to be a part of the revised Energy Code. All errata issued by the ICC to date are incorporated.
COMMENT: The Supplement would reclassify provisions in the 2012 IECC from “mandatory” to “prescriptive” provisions. The provisions are 2012 IECC Section C403.2.6 (Energy recovery ventilation systems) and C403.2.10 (Air system design and control). This would weaken the overall impact of the Energy Code.
RESPONSE: The designation of these sections are being changed to mirror requirements of ASHRAE 90.1-2010. The ASHRAE 90.1 standard is the basis for the commercial construction provisions of the revised Energy Code which is the reason for this modification. The related code sections will be adjusted accordingly.
COMMENT: 2012 IECC, Chapter C4, Mechanical equipment threshold cooling capacity below which no economizer is required will be raised from 33,000 (British Thermal Units) Btu/h to 54,000 (British Thermal Units) Btu/h, lowering the stringency of the Code”.
RESPONSE: the 2012 IECC baseline of 33,000 Btu/hr is an extremely low threshold, cost studies have indicated extremely long cost payback periods for the lower capacity equipment. More importantly, available commercial cooling equipment of this capacity is limited. The higher threshold is consistent with ASHRAE 90.1-2010.
COMMENT- “We recommend to DOS that the effective date of this modification to Title 19 NYCRR be set at 150 days following enactment.
RESPONSE – After careful consideration, a decision has been reached to establish the effective date of January 1, 2015 for the Energy Code.
COMMENT- we suggest that the “2012 IECC Administrative, Provisions, Exceptions, allows exception for interior lighting should also apply to exterior lighting.
RESPONSE The applicability of the exception is limited generally to small interior spaces within a building. Applicability of the exception is limited solely to interior lighting. It would not be appropriate to extend the exception to exterior lighting, which will lower stringency of the code.
COMMENT- 2012 IECC Chapter C4, Minimum efficiencies for “Warm air furnaces, gas fired” have provided two options for Climate Zone 4, those being 90 AFUE (annual fuel utilization efficiency) or 92 AFUE. Which one is applicable?
RESPONSE: Minimum efficiencies for “Warm air furnaces, gas fired” Table C406.2(4) contains a foot note “c” which indicates “Warm air furnaces, gas fired units shall be permitted to comply with either rating”.
COMMENT; There may be a problem when 2012 IECC, references sections of current Uniform codes. The updated Energy Code may be referring to code sections that are not in the present in the 2010 NY State code books (the Uniform Code).
RESPONSE: The text of the 2012 IECC and the Uniform Codes have been reviewed for consistency and concurrence.
COMMENT- 2012 IECC Chapter C4, the variable air volume (VAV), the threshold should remain at the 7.5 Horsepower value, rather than changing to a 5 Horsepower threshold.
RESPONSE: This modification is part of a parity adjustment, between the 2012 IECC and ASHRAE 90.1-2010. The adjustment of moving from 7.5 to 5 Horsepower threshold for requiring VAV, was given in the report titled “Pacific Northwest National Laboratories (PNNL) 22760” - Appendix “B. The amendment suggested cannot be made, since parity between the two codes would be affected.
COMMENT- “2012 IECC Section C403.4.5: Revise Exception No. 3 to include building process needs that require minimum (higher than rates allowed by code) air circulation rates.
RESPONSE: Section C403.4.5, exception #5 already covers this requirement for process needs.
COMMENT- the term “Ev” is not defined in the 2010 Mechanical Code of New York State.
RESPONSE: a reference has been added to the 2014 Supplement to define the term “Ev.”
COMMENT- ASHRAE Standard 90.1, Voltage Drop: requirement for maximum 2% voltage drop for electrical feeders and 3% for branch circuits is punitive to high rise buildings, creating significant cost for oversized electrical feeders. We suggest eliminating these requirements in favor of 5% voltage drop for the combination of feeder and branch circuit.
RESPONSE: A decision has been made to move requirements for 2% voltage drop for electrical feeders and 3% for branch circuits from Mandatory to Prescriptive provisions (of 90.1). In design of high rise buildings, moving the feeder requirements to “prescriptive” requirements will allow the designer to create a tradeoff of the voltage drop in the building design, without losing the efficiency gain of the requirement.
COMMENT: The practice of providing continuous insulation on a mass wall or other type of wall construction that abuts side lot lines or adjoining side lot line buildings is impossible to accomplish.
RESPONSE: The Energy Code of New York State does not require placement of continuous insulation on exterior of mass walls, additionally, utilizing mass walls for fire separations are not a code requirement.
COMMENT: Add new sections to the Residential lighting provisions for Outdoor Lighting Fixtures, Shielding Requirements, Maximum Lumen Output, and the use of Motion Sensors and Timers.
RESPONSE: this purpose of this Rulemaking is to revise provisions for Commercial Construction. The proposal intends to modify provisions of Residential Energy Code.
COMMENT: suggest modifying illumination set points of ASHRAE 90.1-2010 for daylight side lighting.
RESPONSE: illumination set points are contained in the PNNL report” National Cost-effectiveness of ASHRAE Standard 90.1-2010 compared to ASHRAE Standard 90.1-2007” The recommendations of the report are incorporated as part of the a cost payback function of the report. This comment attempts to incorporate a sizeable modification to the 2012 IECC, without the benefit of a cost assessment study.
COMMENT: We suggest that the IECC-2012 Lighting Power Allowances Should Match Standard ASHRAE 90.1-2010.
RESPONSE: This attempts to incorporate a sizeable modification to the 2012 IECC.A change of this magnitude would require an impact study, to determine overall impact and potential unintended consequences, and would also require a cost assessment study.
COMMENT: Suggest to re word lighting requirements of IECC-2012 for dwelling units within commercial buildings, allowing a minimum of 75% high efficacy lamps in permanently installed fixtures.
RESPONSE: This change improves the language by a reasonable re-wording of the code section in a clearer manner.
COMMENT: 2012 IECC should be modified for options for lighting to include an across the board 10 percent in lighting power reduction.
RESPONSE: This change would move the 2012 IECC provisions ahead to IECC 2015. The cost impact of the change has not been provided. Lacking this data, it would not be possible to consider this potential modification.
COMMENT: Modify the entire Lighting Controls section(s) of IECC-2012 by a complete reorganization of the code sections regulating lighting control.
RESPONSE: A change of this magnitude may have unintended consequences. This comment attempts to incorporate a sizeable modification to the 2012 IECC, which would be better served by considerable study. The cost impact of the change has not been provided.
COMMENT: We propose deleting tandem wiring requirements, deleting delete redundant exterior lighting efficiency requirements, and to clarifying wattage calculation methodology for low voltage lighting.
RESPONSE: Since these modifications are primarily clarifications, this will create beneficial change to the lighting provisions of the code, in part removing outdated lighting requirements. Cost impact has not been provided with this proposal.
COMMENT: Clarify applicability of Building Façade Lighting Efficiency of 2012 IECC by adoption of provisions of the IECC 2015.
RESPONSE: The modification suggests moving the 2012 IECC provisions ahead to IECC 2015 Cost impact has not been provided with this proposal.
COMMENT: Modify 2012 IECC terminology when describing daylighting controls, replace with the IECC 2015 lighting control sections.
RESPONSE: The modifications suggested would change terminology to that found in IECC 2015 which may have unintended consequences. This comment attempts to incorporate a sizeable modification to the 2012 IECC, which would be better served by considerable study, including a cost impact study.
