DOS-47-15-00016-A State Energy Conservation Construction Code (the "Energy Code")

4/6/16 N.Y. St. Reg. DOS-47-15-00016-A

NEW YORK STATE REGISTER

VOLUME XXXVIII, ISSUE 14

April 06, 2016

RULE MAKING ACTIVITIES

DEPARTMENT OF STATE

NOTICE OF ADOPTION

 

I.D No. DOS-47-15-00016-A

Filing No. 345

Filing Date. Mar. 22, 2016

Effective Date. Oct. 03, 2016

State Energy Conservation Construction Code (the "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(2)

Subject:

State Energy Conservation Construction Code (the "Energy Code").

Purpose:

To repeal the existing Energy Code and to adopt a new, updated Energy Code.

Substance of final rule:

This rule repeals the current version of Part 1240 of Title 19 of the NYCRR and adds a new version of Part 1240 (entitled “State Energy Conservation Construction Code”) in its place. The new version of Part 1240 is summarized below.

Section 1240.1 (“State Energy Conservation Construction Code”) provides that Part 1240 and the publications incorporated by reference in Part 1240 constitute the State Energy Conservation Construction Code (the “Energy Code”) promulgated pursuant to Article 11 of the Energy Law.

Section 1240.2 (“Definitions”) defines certain terms used in Part 1240, including:

“2016 Energy Code Supplement” (the publication entitled “2016 Supplement to the New York State Energy Conservation Construction Code,” published by the New York State Department of State, publication date March, 2016);

“2015 IECC” (the publication entitled “2015 International Energy Conservation Code,” published by the International Code Council, Inc. [Second Printing: May, 2015]);

“2015 IECC Commercial Provisions” (that part of the 2015 IECC that is designated as the “IECC - Commercial Provisions”);

“2015 IECC Commercial Provisions (as amended)” (the 2015 IECC Commercial Provisions, as said provisions are deemed to be amended by Part 1 of the 2016 Energy Code Supplement);

“2015 IECC Residential Provisions” (that part of the 2015 IECC that is designated as the “IECC - Residential Provisions”);

“2015 IECC Residential Provisions (as amended)” (the 2015 IECC Residential Provisions, as said provisions are deemed to be amended by Part 3 of the 2016 Energy Code Supplement);

“ASHRAE 90.1-2013” (the publication entitled “Energy Standard for Buildings Except Low-Rise Residential Buildings,” standard reference number 90.1-2013, published by American Society of Heating, Refrigerating and Air-Conditioning Engineers, Inc., publication date July 2014);

“ASHRAE Appendix G Excerpt” (the publication entitled “Standard 90.1 Appendix G 2013 Performance Rating Method, Excerpt from ANSI/ASHRAE/IES Standard 90.1-2013 (I-P),” published by ASHRAE, publication date 2015);

“ASHRAE 90.1-2013 (as amended)” (ASHRAE 90.1-2013, as said publication is deemed to be amended by Part 2 of the 2016 Energy Code Supplement);

“commercial building” (any building that is not a residential building, as defined in subdivision (p) of section 1240.2); and

“residential building” (includes: (1) detached one-family dwellings having not more than three stories above grade plane; (2) detached two-family dwellings having not more than three stories above grade plane; (3) buildings that (i) consist of three or more attached townhouse units and (ii) have not more than three stories above grade plane; (4) buildings that (i) are classified in accordance with Chapter 3 of the publication entitled “2015 International Building Code,” published by the International Code Council, Inc. (Third Printing: October 2015), in Group R-2, R-3 or R-4 and (ii) have not more than three stories above grade plane; (5) factory manufactured homes (as defined in section 372(8) of the Executive Law); and (6) mobile homes (as defined in section 372(13) of the Executive Law).

Other terms defined in section 1240.2 are “building,” “building system,” “dwelling unit,” “Energy Code,” “grade plane,” “historic building,” and “townhouse unit.”

Section 1240.3 (“Amendments made by the 2016 Energy Code Supplement”) provides that for the purposes of applying the 2015 IECC Commercial Provisions, the 2015 IECC Residential Provisions, and ASHRAE 90.1-2013 in this State:

(a) the 2015 IECC Commercial Provisions shall be deemed to be amended in the manner provided in Part 1 of the 2016 Energy Code Supplement;

(b) ASHRAE 90.1-2013 shall be deemed to be amended in the manner provided in Part 2 of the 2016 Energy Code Supplement; and

(c) the 2015 IECC Residential Provisions shall be deemed to be amended in the manner provided in Part 3 of the 2016 Energy Code Supplement.

Section 1240.4 is entitled “Energy Code provisions applicable to Commercial Buildings.”

Subdivision (a) of section 1240.4 (“2015 IECC Commercial Provisions (as amended)”) provides that except as otherwise provided in section 1240.6 (“Exceptions”) of Part 1240, the construction of all new commercial buildings; all additions to, alterations of, and/or renovations of existing commercial buildings; and all additions to, alterations of, and/or renovations of building systems in existing commercial buildings shall comply with the requirements of the 2015 IECC Commercial Provisions (as amended). Section 1240.4(a) also incorporates the 2015 IECC Commercial Provisions and the 2016 Energy Code Supplement by reference; specifies the name and addresses of the publishers where the 2015 IECC (which contains the 2015 IECC Commercial Provisions) and the 2016 Energy Code Supplement may be obtained; and specifies that those publications are available for public inspection and copying at the office of the New York State Department of State located at One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231-0001.

Subdivision (b) of section 1240.4 (“ASHRAE 90.1-2013 (as amended)”) provides that to the extent provided in the 2015 IECC Commercial Provisions (as amended), compliance with the requirements of ASHRAE 90.1-2013 (as amended) shall be permitted in lieu of compliance with specified sections of the 2015 IECC Commercial Provisions (as amended). Subdivision (b) of section 1240.4 also incorporates ASHRAE 90.1-2013, the 2016 Energy Code Supplement, and the ASHRAE Appendix G Excerpt by reference; specifies the name and addresses of the publishers where ASHRAE 90.1-2013, the ASHRAE Appendix G Excerpt, and the 2016 Energy Code Supplement may be obtained; and specifies that those publications are available for public inspection and copying at the office of the New York State Department of State located at One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231-0001.

Subdivision (c) of section 1240.4 (“Referenced standards”) provides that the referenced standards listed in Chapter 6 of the 2015 IECC Commercial Provisions (as amended) are considered to be part of the 2015 IECC Commercial Provisions (as amended), subject to the provisions and limitations set forth in Sections C106.1, C106.1.1, and C106.1.2 of the 2015 IECC Commercial Provisions (as amended).

Subdivision (c) of section 1240.4 also incorporates the following referenced standards by reference, and provides that the following referenced standards shall be considered to be part of the 2015 IECC Commercial Provisions (as amended), subject to the provisions and limitations set forth in Sections C106.1, C106.1.1, and C106.1.2 of the 2015 IECC Commercial Provisions (as amended):

(1) Room Fan Coil, publication date 2008 (“AHRI 440-08”), and Unit Ventilators, publication date 1998 (“AHRI 840-98”), published by the Air Conditioning, Heating, and Refrigeration Institute;

(2) ASHRAE HVAC Systems and Equipment Handbook - 2012, publication date 2012 (“ASHRAE-2012”); Energy Standard for Buildings Except Low-Rise Residential Buildings, July 2014 printing (“ASHRAE 90.1-2013”); Peak Cooling and Heating Load Calculations in Buildings, Except Low-rise Residential Buildings, publication date 2014 (ANSI/ASHRAE/ACCA Standard 183-2007 [RA2014]); and the ASHRAE Appendix G Excerpt, published by American Society of Heating, Refrigerating and Air-Conditioning Engineers, Inc.;

(3) Standard Test Method for Determining Air Leakage Rate by Fan Pressurization, publication date 2010 (“ASTM E 779-10”), and Standard Specification for Air Barrier (AB) Material or System for Low-Rise Framed Building Walls, publication date 2011 (“ATSM E 1677-11”), published by ASTM International;

(4) North American Fenestration Standard / Specification for Windows, Doors and Unit Skylights, publication date 2011 (“AAMA / WDMA / CSA 101 / I.S.2 / A440-11”), published by Canadian Standards Association;

(5) 2015 International Building Code (Third Printing: October 2015), 2015 International Fire Code (Third Printing: June 2015), 2015 International Fuel Gas Code (Third Printing: June 2015), 2015 International Mechanical Code (Third Printing: November 2015), 2015 International Plumbing Code (Third Printing: August 2015), 2015 International Property Maintenance Code (Fourth Printing: December 2015), and 2015 International Residential Code (Second Printing: January 2016), published by International Code Council, Inc.;

(6) National Electrical Code, publication date 2014 (NFPA 70-14), published by National Fire Protection Association;

(7) HVAC Air Duct Leakage Test Manual, publication date 1985 (“SMACNA-85”), published by Sheet Metal and Air Conditioning Contractors National Association, Inc.; and

(8) Standard for Oil-Fired Central Furnaces, Ninth Edition, including revisions through April 22, 2010, publication date 2010 (“UL 727-06”) (Note: The Ninth Edition of this standard was originally published on April 7, 2006. The version of this standard incorporated herein by reference includes revisions through April 22, 2010, and was published in 2010); Oil-fired Unit Heaters—with Revisions through April 2010, original publication date 1995, with revisions published through 2010 (“UL 731-95), published by Underwriters Laboratory.

Subdivision (c) of section 1240.4 also specifies the name and addresses of the publishers where the foregoing referenced standards may be obtained, and specifies that those publications are available for public inspection and copying at the office of the New York State Department of State located at One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231-0001.

Section 1240.5 is entitled “Energy Code provisions applicable to Residential Buildings.”

Subdivision (a) of section 1240.5 (“2015 IECC Residential Provisions (as amended)”) provides that except as otherwise provided in section 1240.6 (“Exceptions”) of Part 1240, the construction of all new residential buildings; all additions to, alterations of, and/or renovations of existing residential buildings; and all additions to, alterations of, and/or renovations of building systems in existing residential buildings shall comply with the requirements of the 2015 IECC Residential Provisions (as amended). Subdivision (a) of section 1240.5 also incorporates the 2015 IECC Residential Provisions and the 2016 Energy Code Supplement by reference; specifies that names and addresses of the publishers from which copies of the 2015 IECC (which includes the 2015 IECC Residential Provisions) and the 2016 Energy Code Supplement may be obtained, and specifies that the 2015 IECC and the 2016 Energy Code Supplement are available for public inspection and copying at the office of the New York State Department of State located at One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231-0001.

Subdivision (b) of section 1240.5 (“Referenced standards”) provides that the referenced standards listed in Chapter 6 of the 2015 IECC Residential Provisions (as amended) are considered to be part of the 2015 IECC Residential Provisions (as amended), subject to the provisions and limitations set forth in Sections R106.1, R106.1.1, and R106.1.2 of the 2015 IECC Residential Provisions (as amended). Subdivision (b) of section 1240.5 also provides that the following referenced standards are incorporated herein by reference and shall be considered to be part of the 2015 IECC Residential Provisions (as amended), subject to the provisions and limitations set forth in Sections R106.1, R106.1.1, and R106.1.2 of the 2015 IECC Residential Provisions (as amended):

(1) Residential Load Calculation, Eighth Edition, publication date 2011 (“Manual J – 2011”), and Residential Equipment Selection, publication date 2013 (“Manual S—13”), published by Air Conditioning Contractors of America;

(2) Method for Measuring Floor Area in Office Buildings, publication date 1996 (Z-65-96), published by American National Standards Institute;

(3) ASHRAE Handbook of Fundamentals - 2013, publication date 2013 (“ASHRAE - 2013”), published by American Society of Heating, Refrigerating and Air-Conditioning Engineers, Inc.;

(4) Standard Test Method for Determining Air Leakage Rate by Fan Pressurization, publication date 2010 (“ASTM E 779-10”), and Standard Test Method for Determining Air Tightness of Building Using an Orifice Blower, publication date 2011 (“ASTM E 1827-11”), published by ASTM International;

(5) 2015 International Building Code (Third Printing: October 2015); 2015 International Fire Code (Third Printing: June 2015); 2015 International Fuel Gas Code (Third Printing: June 2015); 2015 International Mechanical Code (Third Printing: November 2015); 2015 International Plumbing Code (Third Printing: August 2015); 2015 International Property Maintenance Code (Fourth Printing: December 2015); 2015 International Residential Code (Second Printing: January 2016); Standard on the Design and Construction of Log Structures, publication date 2012 (“ICC 400–12”); 2006 International Energy Conservation Code, publication date 2006 (“IECC-2006”); and Energy Conservation Construction Code of New York State, publication date 2010, published by International Code Council, Inc.; and

(6) National Electric Code, publication date 2014 (“NFPA 70-14”), published by National Fire Protection Association.

Section 1240.6 (“Exceptions”) provides that the Energy Code shall not apply to the alteration or renovation of an historic building or to certain alterations of existing buildings, provided that the alteration will not increase the energy usage of the building. These exceptions mirror the provisions of Energy Law § 11-104(5) and Energy Law § 11-103(1)(b).

Final rule as compared with last published rule:

Nonsubstantive changes were made in sections 1240.2, 1240.3, 1240.4 and 1240.5.

Text of rule and any required statements and analyses may be obtained from:

Miriam McGiver, Department of State, 99 Washington Ave., Albany, NY 12231-0001, [phone], email: [e-mail]

Revised Regulatory Impact Statement

The Department of State (DOS) believes that the changes made to rule are nonsubstative, and do not necessitate a change to the original Regulatory Impact Statement or to the Summary of the Regulatory Impact Statement as published in the Notice of Proposed Rule Making.

Those changes made to rule are summarized as follows:

The rule as proposed would have incorporated by reference the October 2013 printing of ASHRAE 90.1-2013 and the “2015 Energy Code Supplement” (publication date: October 16, 2015), and would have made reference to the “First Printings” of the “I-Codes” to be used in the rule that updates the Uniform Code. The rule as adopted incorporates the July 2014 printing of ASHRAE 90.1-2013, the “2016 Energy Code Supplement” (publication date: March 2016), and the “ASHRAE Appendix G Excerpt,” and makes reference to the later printings of the “I-Codes” that will now be used in the rule that updates the Uniform Code. Changes were made throughout the text of 19 NYCRR Part 1240 to be added by this rule and the 2016 Energy Code Supplement to be incorporated by reference in this rule to reflect the foregoing.

In addition, section 1240.4(c)(1) was changed to correct the name of AHRI 440-08; section 1240.4(c)(2) was changed to correct the reference to “Standard 183-2007 (RA 2011)” to “Standard 183-2007 (RA 2014),” and section 1240.4(c)(3) was changed to correct the name of ATSM E 1677-11.

Changing from the 2015 Energy Code Supplement to the 2016 Energy Code Supplement also results in the following changes:

Exception 5 in 2015 IECC Section C402.4.2 is amended (2016 Energy Code Supplement, Part 1, Section 12).

An entry for the ASHRAE Appendix G Excerpt was added to 2015 IECC Chapter C6 (2016 Energy Code Supplement, Part 1, Section 18).

Definitions of certain terms used in ASHRAE 90.1-2013 have been added or amended (2016 Energy Code Supplement, Part 2, Section 1).

ASHRAE 90.1-2013 section 4.2.1.1 has been amended (2016 Energy Code Supplement, Part 2, Section 2).

ASHRAE 90.1-2013 section 8.4.1 has been amended (2016 Energy Code Supplement, Part 2, Section 5).

Appendix G, as it appears in ASHRAE 90.1-2013, has been replaced with Appendix G, as it appears in the ASHRAE Appendix G Excerpt (2016 Energy Code Supplement, Part 2, Section 6).

2015 IECC section R403.12 has been amended (2016 Energy Code Supplement, Part 3, Section 19).

Changing from the October 2013 printing of ASHRAE 90.1-2013 to the July 2014 printing, and replacing Appendix G (as it appears in ASHRAE 90.1-2013) with Appendix G (as it appears in the ASHRAE Appendix G Excerpt), also results in the following changes:

Appendix G has been changed from “Informative Appendix G” to “Normative Appendix G.”

A new definition of “boiler system” has been added.

ASHRAE 90.1-2013 Section 5.5.3.1.1 has been revised to correct numbering.

ASHRAE 90.1-2013 Section 6.2.1 has been revised to correct the partial titles of sections in a list to match the complete titles as shown in the text.

ASHRAE 90.1-2013 Section 6.5.9 has been revised to complete the last sentence.

ASHRAE 90.1-2013 Section 7.5.3, Exception 3, was corrected to exempt individual water heaters with inputs not greater than 100,000 Btu/h rather than not greater than 1,000,000 Btu/h.

ASHRAE 90.1-2013 Table 9.6.1 has been revised by deleting the second occurrence of the “Facility for the Visually Impaired” line in the Table.

ASHRAE 90.1-2013 Section G3.1.1 has been revised to describe Table G3.1.1-3 as depending on climate zone rather than heat source.

ASHRAE 90.1-2013 Section G3.1.1.4 has been revised to correct the “IFLR” term in the Section to indicate floor area rather than wall area.

Revised Regulatory Flexibility Analysis

The Department of State (DOS) believes that the changes made to rule are nonsubstative, and do not necessitate a change to the original Regulatory Flexibility Analysis for Small Businesses and Local Government (RFASBLG) or to the Summary of the RFASBLG as published in the Notice of Proposed Rule Making.

Those changes made to rule are summarized as follows:

The rule as proposed would have incorporated by reference the October 2013 printing of ASHRAE 90.1-2013 and the “2015 Energy Code Supplement” (publication date: October 16, 2015), and would have made reference to the “First Printings” of the “I-Codes” to be used in the rule that updates the Uniform Code. The rule as adopted incorporates the July 2014 printing of ASHRAE 90.1-2013, the “2016 Energy Code Supplement” (publication date: March 2016), and the “ASHRAE Appendix G Excerpt,” and makes reference to the later printings of the “I-Codes” that will now be used in the rule that updates the Uniform Code. Changes were made throughout the text of 19 NYCRR Part 1240 to be added by this rule and the 2016 Energy Code Supplement to be incorporated by reference in this rule to reflect the foregoing.

In addition, section 1240.4(c)(1) was changed to correct the name of AHRI 440-08; section 1240.4(c)(2) was changed to correct the reference to “Standard 183-2007 (RA 2011)” to “Standard 183-2007 (RA 2014),” and section 1240.4(c)(3) was changed to correct the name of ATSM E 1677-11.

Changing from the 2015 Energy Code Supplement to the 2016 Energy Code Supplement also results in the following changes:

Exception 5 in 2015 IECC Section C402.4.2 is amended (2016 Energy Code Supplement, Part 1, Section 12).

An entry for the ASHRAE Appendix G Excerpt was added to 2015 IECC Chapter C6 (2016 Energy Code Supplement, Part 1, Section 18).

Definitions of certain terms used in ASHRAE 90.1-2013 have been added or amended (2016 Energy Code Supplement, Part 2, Section 1).

ASHRAE 90.1-2013 section 4.2.1.1 has been amended (2016 Energy Code Supplement, Part 2, Section 2).

ASHRAE 90.1-2013 section 8.4.1 has been amended (2016 Energy Code Supplement, Part 2, Section 5).

Appendix G, as it appears in ASHRAE 90.1-2013, has been replaced with Appendix G, as it appears in the ASHRAE Appendix G Excerpt (2016 Energy Code Supplement, Part 2, Section 6).

2015 IECC section R403.12 has been amended (2016 Energy Code Supplement, Part 3, Section 19).

Changing from the October 2013 printing of ASHRAE 90.1-2013 to the July 2014 printing, and replacing Appendix G (as it appears in ASHRAE 90.1-2013) with Appendix G (as it appears in the ASHRAE Appendix G Excerpt), also results in the following changes:

Appendix G has been changed from “Informative Appendix G” to “Normative Appendix G.”

A new definition of “boiler system” has been added.

ASHRAE 90.1-2013 Section 5.5.3.1.1 has been revised to correct numbering.

ASHRAE 90.1-2013 Section 6.2.1 has been revised to correct the partial titles of sections in a list to match the complete titles as shown in the text.

ASHRAE 90.1-2013 Section 6.5.9 has been revised to complete the last sentence.

ASHRAE 90.1-2013 Section 7.5.3, Exception 3, was corrected to exempt individual water heaters with inputs not greater than 100,000 Btu/h rather than not greater than 1,000,000 Btu/h.

ASHRAE 90.1-2013 Table 9.6.1 has been revised by deleting the second occurrence of the “Facility for the Visually Impaired” line in the Table.

ASHRAE 90.1-2013 Section G3.1.1 has been revised to describe Table G3.1.1-3 as depending on climate zone rather than heat source.

ASHRAE 90.1-2013 Section G3.1.1.4 has been revised to correct the “IFLR” term in the Section to indicate floor area rather than wall area.

Revised Rural Area Flexibility Analysis

The Department of State (DOS) believes that the changes made to rule are nonsubstative, and do not necessitate a change to the original Rural Area Flexibility Analysis (RAFA) or to the Summary of the RAFA as published in the Notice of Proposed Rule Making.

Those changes made to rule are summarized as follows:

The rule as proposed would have incorporated by reference the October 2013 printing of ASHRAE 90.1-2013 and the “2015 Energy Code Supplement” (publication date: October 16, 2015), and would have made reference to the “First Printings” of the “I-Codes” to be used in the rule that updates the Uniform Code. The rule as adopted incorporates the July 2014 printing of ASHRAE 90.1-2013, the “2016 Energy Code Supplement” (publication date: March 2016), and the “ASHRAE Appendix G Excerpt,” and makes reference to the later printings of the “I-Codes” that will now be used in the rule that updates the Uniform Code. Changes were made throughout the text of 19 NYCRR Part 1240 to be added by this rule and the 2016 Energy Code Supplement to be incorporated by reference in this rule to reflect the foregoing.

In addition, section 1240.4(c)(1) was changed to correct the name of AHRI 440-08; section 1240.4(c)(2) was changed to correct the reference to “Standard 183-2007 (RA 2011)” to “Standard 183-2007 (RA 2014),” and section 1240.4(c)(3) was changed to correct the name of ATSM E 1677-11.

Changing from the 2015 Energy Code Supplement to the 2016 Energy Code Supplement also results in the following changes:

Exception 5 in 2015 IECC Section C402.4.2 is amended (2016 Energy Code Supplement, Part 1, Section 12).

An entry for the ASHRAE Appendix G Excerpt was added to 2015 IECC Chapter C6 (2016 Energy Code Supplement, Part 1, Section 18).

Definitions of certain terms used in ASHRAE 90.1-2013 have been added or amended (2016 Energy Code Supplement, Part 2, Section 1).

ASHRAE 90.1-2013 section 4.2.1.1 has been amended (2016 Energy Code Supplement, Part 2, Section 2).

ASHRAE 90.1-2013 section 8.4.1 has been amended (2016 Energy Code Supplement, Part 2, Section 5).

Appendix G, as it appears in ASHRAE 90.1-2013, has been replaced with Appendix G, as it appears in the ASHRAE Appendix G Excerpt (2016 Energy Code Supplement, Part 2, Section 6).

2015 IECC section R403.12 has been amended (2016 Energy Code Supplement, Part 3, Section 19).

Changing from the October 2013 printing of ASHRAE 90.1-2013 to the July 2014 printing, and replacing Appendix G (as it appears in ASHRAE 90.1-2013) with Appendix G (as it appears in the ASHRAE Appendix G Excerpt), also results in the following changes:

Appendix G has been changed from “Informative Appendix G” to “Normative Appendix G.”

A new definition of “boiler system” has been added.

ASHRAE 90.1-2013 Section 5.5.3.1.1 has been revised to correct numbering.

ASHRAE 90.1-2013 Section 6.2.1 has been revised to correct the partial titles of sections in a list to match the complete titles as shown in the text.

ASHRAE 90.1-2013 Section 6.5.9 has been revised to complete the last sentence.

ASHRAE 90.1-2013 Section 7.5.3, Exception 3, was corrected to exempt individual water heaters with inputs not greater than 100,000 Btu/h rather than not greater than 1,000,000 Btu/h.

ASHRAE 90.1-2013 Table 9.6.1 has been revised by deleting the second occurrence of the “Facility for the Visually Impaired” line in the Table.

ASHRAE 90.1-2013 Section G3.1.1 has been revised to describe Table G3.1.1-3 as depending on climate zone rather than heat source.

ASHRAE 90.1-2013 Section G3.1.1.4 has been revised to correct the “IFLR” term in the Section to indicate floor area rather than wall area.

Revised Job Impact Statement

The Department of State has determined that this rule will not have a substantial adverse impact on jobs and employment opportunities.

The rule will amend the State Energy Conservation Construction Code (the “Energy Code”). The Energy Code, as amended by this rule, will be set forth in (1) the 2015 International Energy Conservation Code (the “2015 IECC”), (2) the 2013 edition of the Energy Standard for Buildings Except Low Rise Residential Buildings (“ASHRAE 90.1-2013”), and (3) the 2016 Supplement to the New York State Energy Conservation Construction Code (the “2016 Energy Code Supplement”). For the purposes of applying the 2015 IECC and ASHRAE 90.1-2013 in New York State, the Commercial Provisions of the 2015 IECC (the “2015 IECC Commercial Provisions”) will be deemed to be amended in the manner provided in Part 1 of the 2016 Energy Code Supplement; ASHRAE 90.1-2013 will be deemed to be amended in the manner provided in Part 2 of the 2016 Energy Code Supplement; and the Residential Provisions of the 2015 IECC (the “2015 IECC Residential Provisions”) will be deemed to be amended in the manner provided in Part 3 of the 2016 Energy Code Supplement.

The Energy Code, as amended by this rule, will be (1) a building energy code for residential buildings which is based on the 2015 IECC Residential Provisions and (2) a building energy code for commercial buildings which is based on the 2015 IECC Commercial Provisions and ASHRAE 90.1-2013.

The 2015 IECC is a model code developed and published by the International Code Council, Inc. ASHRAE 90.1-2013 is a standard published by the American Society of Heating, Refrigeration and Air Conditioning Engineers, Inc. Both the 2015 IECC and ASHRAE 90.1-2013 incorporate more current technology in the area of energy conservation. In addition, as a performance-based, rather than a prescriptive, code, the 2015 IECC provides for alternative methods of achieving code compliance, thereby allowing regulated parties to choose the most cost effective method.

As more fully appears in the Regulatory Impact Statement issued for this rule making, the Department of State anticipates that the Energy Code, as amended by this rule, will be cost effective, meaning that the present value of savings in energy costs resulting from constructing buildings according to requirements of the Energy Code as amended by this rule, rather than the requirements of the current version of the Energy Code, will exceed the sum of the increase in initial construction costs plus the present value of the increase in maintenance and replacement costs resulting from constructing buildings according to requirements of the Energy Code as amended by this rule, rather than the requirements of the current version of the Energy Code.

As a consequence, the Department of State and the State Fire Prevention and Building Code Council conclude that the Energy Code, as amended by this rule, will provide a greater incentive for the construction of new buildings and the rehabilitation of existing buildings than exists with the current version of the Energy Code. Therefore, the Department of State and the State Fire Prevention and Building Code Council conclude that this rule will not have a substantial adverse impact on jobs and employment opportunities within New York.

Initial Review of Rule

As a rule that requires a RFA, RAFA or JIS, this rule will be initially reviewed in the calendar year 2019, which is no later than the 3rd year after the year in which this rule is being adopted.

Assessment of Public Comment

This rule will amend the State Energy Conservation Construction Code (Energy Code). The Department of State (DOS) received comments described below.

COMMENT 1: Many commenters support adoption of the 2015 International Energy Conservation Code (the 2015 IECC), with minimal changes.

RESPONSE: The State Fire Prevention and Building Code Council (Code Council) determined at an early stage in the development of this rule that the amended and updated Energy Code should be based on the 2015 IECC and ASHRAE 90.1-2013, with only minimal changes. In general, the changes made to the 2015 IECC and ASHRAE 90.1-2013 are those necessary to satisfy (1) New York State statutory requirements or (2) special conditions existing in New York State.

The 2015 IECC and ASHRAE 90.1-2013 are nationally recognized model codes and standards that are (1) developed with the assistance of recognized experts in energy efficiency from all parts of the nation, and (2) adopted, or to be adopted, in whole or in substantial part, in most if not all other states in the nation. Adopting an Energy Code based on the 2015 IECC and ASHRAE 90.1-2013, with only the minimum changes described above, will (1) facilitate adoption and implementation of the amended and updated Energy Code, thereby accelerating the time when the benefits to be realized by this rule will begin to be realized, and (2) maximize the similarities between New York State’s Energy Code and the energy codes in effect in other states, thereby increasing the ability of builders in this State to use products and techniques developed and available nationally; this, in turn, should help reduce construction costs in this State.

The rule already reflects the approach supported by Comment 1. No change to the proposed rule is required to address Comment 1.

In the Responses to the following Comments, the phrase “DOS believes this is an unwarranted additional change” indicates that DOS believes that any benefit that might result from incorporating the alternative requested in the Comment would be more than offset by risk of losing benefits to be realized by adopting 2015 IECC and ASHRAE 90.1-2013 with minimal changes, as described in this Response to Comment 1.

COMMENT 2: Request to amend the rule to use only U-factor in prescriptive provisions, removing the R-value path. Commenter states the R-value method does not consider thermal bridging of building penetrations.

RESPONSE: Removing R-value methodology from 2015 IECC limits prescriptive path options. IECC and ASHRAE 90.1 use R-value methodology, having provisions to restrict thermal bridging by specific code requirements. DOS believes this is an unwarranted additional change. This alternative will not be incorporated.

COMMENT 3: Request to specify, in the scope of the Energy Rating Index residential compliance option, that on-site generation does not count toward compliance. The commenter argues that this change will make compliance simpler and more equitable, spurring development of ultra-low energy buildings.

RESPONSE: DOS believes the rule as originally proposed promotes on-site energy generation. DOS believes this is an unwarranted additional change. This alternative will not be incorporated.

COMMENT 4: Request to provide a more stringent air leakage threshold for townhouses and multi-family structures.

RESPONSE: The rule makes a major change, restricting air leakage to less than half current levels. DOS believes this is an unwarranted additional change. This alternative will not be incorporated.

COMMENT 5: Requests to move the effective date of amended and updated Energy Code to January 1, 2017.

RESPONSE: The effective date of this rule will be changed from 90 days after publication of the Notice of Adoption to 180 days after publication.

COMMENT 6: Request to “harmonize” the 2015 IECC and ASHRAE 90.1-2013 by making their requirements equal.

RESPONSE: The rule intends to have two separate compliance paths. Harmonization would defeat this intent. This alternative will not be incorporated.

COMMENT 7: Requests to include Appendix G to ASHRAE 90.1-2103 (with addenda k, r, z, aa, ad, bm, and dx) as an acceptable code compliance path.

RESPONSE: The rule has been changed to incorporate this alternative.

COMMENT 8: Requests to amend ASHRAE 90.1-2013 to allow 5% total voltage drop for feeder and branch circuits, rather than 2% for feeder circuits and 3% for branch circuits.

RESPONSE: The rule has been changed to incorporate this alternative.

COMMENT 9: Request to update the minimum efficiency tables (Tables 6.8.1-9 and 6.8.1-10) in ASHRAE 90.1-2013 by adding IEER values for high efficiency VRF multisplit air conditioners and heat pumps, effective January 1, 2017.

RESPONSE: Further review is required to assure this alternative would not affect the payback period that must be considered under New York’s Energy Law. This alternative will not be incorporated.

COMMENT 10: Request to replace description of “reroofing” in the 2016 Energy Code Supplement with term “roof recover” as defined in 2015 IECC.

RESPONSE: Language as proposed reflects a statutory exception in the New York Energy Law. This alternative will not be incorporated.

COMMENT 11: Request to modify item 3 in 2015 IECC Section C401.2 to require the same energy cost for prescriptive and performance methods.

RESPONSE: DOS believes this is an unwarranted additional change. This alternative will not be incorporated.

COMMENT 12: Request to modify 2015 IECC Section C402.1.2 to provide a prescriptive roof insulation option with combined continuous and cavity that has the same U-value as the requirement for continuous insulation.

RESPONSE: The change would, overall, reduce insulation of roofs. DOS believes this is an unwarranted additional change. This alternative will not be incorporated.

COMMENT 13: Request to modify 2015 IECC Section C402.4.2 to maintain current trigger for skylight requirement (10,000 square feet) rather than 2,500 square feet.

RESPONSE: The rule as proposed has options that do not require skylights. DOS believes this is an unwarranted additional change. This alternative will not be incorporated.

COMMENT 14: Request to modify 2015 IECC Section C402.4.2, Exception 5, to provide that certain interior spaces adjacent to vertical fenestration will be exempt from the skylight requirement where the lighting is controlled according to Section C405.2.3, which addresses “daylight-responsive controls.”

RESPONSE: The suggest alternative is a minor change that will clarify meaning and intent of the rule. The rule has been changed to incorporate this alternative.

COMMENT 15: Request to clarify the phrase “enclosed in a room isolated from inside thermal envelope” in Section C402.5.3 of the 2015 IECC.

RESPONSE: DOS believes that no further clarification is required. No change will be made to the rule in response to Comment 15.

COMMENT 16: Requests to confirm commenters’ interpretation of items 2 and 3 of Section C403.3.1 of 2015 IECC.

RESPONSE: Commenters’ interpretations, as reflected in commenters’ request, is correct. No change to the rule is required.

COMMENT 17: Request to change the title of 2015 IECC Table C403.4.1.1 from “Effective Dates for Fan Control” to “Systems Requiring Fan Controls.”

RESPONSE: DOS believes that users will be able to determine the meaning of the Table without changing its name.

COMMENT 18: Request to modify 2015 IECC Section C404.4 by removing the requirement that insulation of piping run all the way to the fixture and by clarifying the exception for “the tubing from the connection at the termination of the fixture supply piping to a plumbing fixture or plumbing appliance.”

RESPONSE: With regard to the first part of this request, DOS believes this is an unwarranted additional change. With regard to portion of comment that addresses clarification of “tubing exception,” DOS believes that users of 2015 IECC will be able to determine when line from connection at termination of fixture supply piping to a plumbing fixture or plumbing appliance is “tubing” for purposes of “tubing exception” in Section C404.4. This alternative will not be incorporated.

COMMENT 19: Request to modify 2015 IECC Section C501.6 to clarify that historic buildings are exempt from the Energy Code.

RESPONSE: Chapter 1 of the 2015 IECC Commercial Provisions, as amended by Part 1 of the 2016 Energy Code Supplement, provides that “Historic buildings are exempt from Energy Code.” No change to the rule is required.

COMMENT 20: Request to make several changes to 2015 IECC Section C408, which addresses system commissioning.

RESPONSE: DOS believes this is an unwarranted additional change. This alternative will not be incorporated.

COMMENT 21: Request to amend the 2015 IECC to resolve an apparent conflict between exception 7 in Section C503.1 and the exception in Section C503.6.

RESPONSE: Exception 7 in Section C503.1 reflects the statutory exception in Energy Law § 11-103(b)(7). If an alteration consisting of replacement of less than 50 percent of the luminaries in a space (1) does not increase the installed interior lighting power in that space and (2) does not increase the energy use of the building, exception 7 in Section C503.1 will apply, and Section C503.6 will not be applicable.

If an alteration consisting of replacement of less than 50 percent of the luminaries in a space does not increase the installed interior lighting power in that space, but does increase the energy use of the building, exception 7 in Section C503.1 will not apply, Section C503.6 will apply, and the lighting systems must comply with Section C405. However, if that alteration involves replacement of less than 10 percent of the luminaires in the space, the exception in Section C503.6 will apply.

Based on the foregoing, DOS believes that no conflict exists between exception 7 in Section C503.1 and the exception in Section C503.6. No change will be made to the rule in response to Comment 21.

COMMENT 22: Request to ensure the availability of an applicable REScheck program and contractor training prior to final adoption of the rule.

RESPONSE: REScheck for 2015 IECC is available at U.S. Department of Energy website.

DOS anticipates training on new Energy Code will be available to code enforcement personnel and design professionals.

COMMENT 23: Request to change rule to provide that Passive House Planning Package (PHPP) energy modeling software may be used to demonstrate compliance with Energy Code for residential buildings.

RESPONSE: Section R101.5.1 provides that compliance with 2015 IECC Residential Provisions can be demonstrated through use of software approved in writing by Secretary of State. An interested party is free to apply to the Secretary of State for approval of a particular software product, such as the PHPP. No change to the rule will be made in response to Comment 23.

COMMENT 24: Requests to modify IECC 2015 Section R401.2 and/or Section R402.1, including requests that (1) homes meeting the “Passive House” criteria be deemed to comply with the Energy Code; (2) the energy threshold that triggers conformance to the building thermal envelope be raised; (3) the limit in part 1 of the exception to Section R402.1 be increased.

RESPONSE: DOS believes this is an unwarranted additional change. In addition, the 2015 IECC has an exception for low energy homes. Many homes that are built to “Passive House” model would qualify for this exception. This alternative will not be incorporated.

COMMENT 25: Requests to provide an alternative compliance path for log homes, to include compliance with ICC-400, the “Standard on Design and Construction of Log Homes” published by International Code Council, Inc.

RESPONSE: DOS believes this is an unwarranted additional change. This alternative will not be incorporated.

COMMENT 26: Requests to modify 2015 IECC Section R402.1.2 and Table R402.1.2 to provide for “cavity only” insulation, with no continuous insulation requirement, or require foam sheathing used for continuous insulation to have higher R-values that will prevent condensation.

RESPONSE: DOS believes this is an unwarranted additional change. Additionally, the 2015 IECC allows use of trade-offs in REScheck to work around exterior insulation requirement. This alternative will not be incorporated.

COMMENT 27: Request to modify 2015 IECC Section R402.4.1.1 to provide that a visual inspection may be used in lieu of the “blower door” test.

RESPONSE: DOS believes this is an unwarranted additional change. This alternative will not be incorporated.

COMMENT 28: Request to modify 2015 IECC Section R403.12 to correct reference in that Section to “APSP 15” to reference to “APSP 15a.”

RESPONSE: The typographical error will be corrected.

COMMENT 29: Request to modify 2015 IECC Section R502.1.2 to correct what commenter believes to be an inadvertent omission of a compliance option.

RESPONSE: DOS believes this is an unwarranted additional change. This alternative will not be incorporated.

Changes made to the rule as originally proposed.

The rule as proposed would have incorporated by reference the October 2013 printing of ASHRAE 90.1-2013 and the “2015 Energy Code Supplement” (publication date: October 16, 2015), and would have made reference to the “First Printings” of the “I-Codes” to be used in the rule that updates the Uniform Code. The rule as adopted incorporates the July 2014 printing of ASHRAE 90.1-2013, the “2016 Energy Code Supplement” (publication date: March 2016), and the “ASHRAE Appendix G Excerpt,” and makes reference to the later printings of the “I-Codes” that will now be used in the rule that updates the Uniform Code. Changes were made throughout the text of 19 NYCRR Part 1240 to be added by this rule and the 2016 Energy Code Supplement to be incorporated by reference in this rule to reflect the foregoing.

In addition, section 1240.4(c)(1) was changed to correct the name of AHRI 440-08; section 1240.4(c)(2) was changed to correct the reference to “Standard 183-2007 (RA 2011)” to “Standard 183-2007 (RA 2014),” and section 1240.4(c)(3) was changed to correct the name of ATSM E 1677-11.

Changing from the 2015 Energy Code Supplement to the 2016 Energy Code Supplement also results in the following changes:

Exception 5 in 2015 IECC Section C402.4.2 is amended (2016 Energy Code Supplement, Part 1, Section 12).

An entry for the ASHRAE Appendix G Excerpt was added to 2015 IECC Chapter C6 (2016 Energy Code Supplement, Part 1, Section 18).

Definitions of certain terms used in ASHRAE 90.1-2013 have been added or amended (2016 Energy Code Supplement, Part 2, Section 1).

ASHRAE 90.1-2013 section 4.2.1.1 has been amended (2016 Energy Code Supplement, Part 2, Section 2).

ASHRAE 90.1-2013 section 8.4.1 has been amended (2016 Energy Code Supplement, Part 2, Section 5).

Appendix G, as it appears in ASHRAE 90.1-2013, has been replaced with Appendix G, as it appears in the ASHRAE Appendix G Excerpt (2016 Energy Code Supplement, Part 2, Section 6).

2015 IECC section R403.12 has been amended (2016 Energy Code Supplement, Part 3, Section 19).

Changing from the October 2013 printing of ASHRAE 90.1-2013 to the July 2014 printing, and replacing Appendix G (as it appears in ASHRAE 90.1-2013) with Appendix G (as it appears in the ASHRAE Appendix G Excerpt), also results in the following changes:

Appendix G has been changed from “Informative Appendix G” to “Normative Appendix G.”

A new definition of “boiler system” has been added.

ASHRAE 90.1-2013 Section 5.5.3.1.1 has been revised to correct numbering.

ASHRAE 90.1-2013 Section 6.2.1 has been revised to correct the partial titles of sections in a list to match the complete titles as shown in the text.

ASHRAE 90.1-2013 Section 6.5.9 has been revised to complete the last sentence.

ASHRAE 90.1-2013 Section 7.5.3, Exception 3, was corrected to exempt individual water heaters with inputs not greater than 100,000 Btu/h rather than not greater than 1,000,000 Btu/h.

ASHRAE 90.1-2013 Table 9.6.1 has been revised by deleting the second occurrence of the “Facility for the Visually Impaired” line in the Table.

ASHRAE 90.1-2013 Section G3.1.1 has been revised to describe Table G3.1.1-3 as depending on climate zone rather than heat source.

ASHRAE 90.1-2013 Section G3.1.1.4 has been revised to correct the “IFLR” term in the Section to indicate floor area rather than wall area.