State Code Status: New York | The Building Codes Assistance Project

Current Commercial Code

Energy Conservation Construction Code of New York State (ECCCNYS), based on the 2015 IECC and ASHRAE 90.1-2013 as modified by the 2016 Supplement
Effective 10/3/2016

Current Residential Code

Energy Conservation Construction Code of New York State (ECCCNYS), based on the 2015 IECC as modified by the 2016 Supplement
Effective 10/3/2016

The new residential energy code included Section R406 of the 2015 IECC, the Energy Rating Index (ERI) compliance option. ERI scores are not to exceed 55 for Climate Zone 5 and 54 for Climate Zone 6.

Code Enforcement

According to New York Laws Title 19, Chapter XXXII, §1202.1:
“In general, local governments are charged with the administration and enforcement of the New York State Uniform Fire Prevention and Building Code (Uniform Code). However, a local government has the option to decline that responsibility by adopting a local law to that effect, in which event the responsibility passes to the respective county. Counties are accorded a similar option.”

Climate Zones: 4A, 5A, 6A

Code Adoption and Change Process

Code Change Process

Regulatory: The State Fire Prevention and Building Code Council maintains and periodically updates New York’s Uniform Fire Prevention and Building Code and the ECCCNYS, as well as adopting higher or more restrictive standards upon the recommendation of local governments. The council is comprised of 17 members, appointed by the Governor. A quorum of nine members must be present in order to adopt any proposed code changes.

Code Change Cycle

No set schedule

Next Code Update

Unknown

History

October 3, 2016	The State Uniform Fire Prevention and Building Code (Uniform Code) and Energy Conservation Construction Code (Energy Code) become effective. Prior versions of the Uniform Code and Energy Code included publications that were specific to New York State. The 2016 Uniform Code and the 2016 Energy Code no longer include publications that are specific to New York State. The 2016 Uniform Code includes the 2015 editions of the the relevant I-codes. When the 2015 IECC and ASHRAE 90.1-2013 were adopted as parts of the 2016 Energy Code, certain provisions in these publications were modified. These modifications were made in the publication entitled “2016 Supplement to the Energy Conservation Construction Code of New York State (Revised August 2016)” (referred to as the “2016 Energy Code Supplement”). When reading a particular provision in the 2015 IECC or ASHRAE 90.1-2013, it is important to refer to the 2016 Energy Code Supplement to see if that provision has been modified.
March 9, 2016	The State Fire Prevention and Building Code Council completes major updates to the State Energy Conservation Construction Code. The Energy Code incorporates the 2015 IECC and ASHRAE 90.1-2013 by reference. The newly adopted energy code became effective on October 3, 2016; there was no transition period. 2016 Supplement to the New York State Energy Conservation Construction Code (revised August 2016) Adopted as Local Law 91 of 2016, the 2016 New York City Energy Conservation Code (NYCECC), based on the State Code and further modified, also goes into effect on October 3rd.
January 1, 2015	The most recent ECCCNYS becomes effective for commercial buildings.
November 18, 2014	The New York State Fire Prevention and Building Code Council votes to adopt an update to commercial provisions of the ECCCNYS. The updated code establishes minimum requirements for energy-efficient buildings using prescriptive and performance-related provisions. It makes possible the use of new materials and innovative techniques that conserve energy. The new code is based on the 2012 IECC as modified by the 2014 Supplement. The IECC allows alternative design by with the ASHRAE 90.1-2010, Energy Standard for Buildings, Except for Low Rise Residential Buildings, also as modified by the 2014 Supplement.
January 21, 2011	The New York State Energy Research and Development Authority (NYSERDA) contracts Viridian Energy & Environmental to provide New York State architectural and engineering design firms with free project reviews regarding compliance with the ECCCNYS under NYSERDA’s Energy Codes and Support Training Initiative. This free service runs until May 2011. Press Release
December 28, 2010	The updated Uniform Fire Prevention and Building Code (Uniform Code) and the ECCCNYS become effective statewide. Originally approved in April by the State Fire Prevention and Building Code Council, a notice of adoption was published in the September 29 edition of the State Register. The updated Uniform Code is based on the 2006 International family of codes, and the 2010 ECCCNYS is to be based on the 2009 IECC and ASHRAE 90.1-2007, along with several NYS specific enhancements. The previous ECCCNYS was based on the 2004 IECC supplement and ASHRAE 90.1-2004). This marks the beginning of a 90-day transition period for the Uniform Code (per the state’s energy law, the Energy Code has no transition period and is effective right away). Hard and electronic copies of the new 2010 code books are made available from ICC. The state also removes an exception known as the “50% Rule” that exempted commercial renovations, additions, and alterations from being subject to the current state energy code unless the project affected more than half of the building space. The Energy Law of New York State is amended by the New York State Assembly and the Senate and subsequently signed into law on December 13, 2010. It is effective as of January 1, 2011. The single largest change will affect energy code applicability in all building renovation projects, so that the 2010 ECCCNYS will be applicable to renovations involving building system replacement. Exemptions to compliance apply as allowed under Sections 101.4, 101.4.3 and 101.4.6 of the ECCCNYS, which are concurrent with compliance exemptions under the 2009 IECC.
September 3, 2010	The final regulations and all documents incorporated by reference for the New York Green Residential Building Program (GRBP) are filed with the Department of State. This program, launched by the New York State Energy Research and Development Authority (NYSERDA), is promoted as the next step for the first state in the country to offer a statewide green building program to provide direct incentives to building owners for certified green residential buildings.
April 1, 2010	The State Fire Prevention and Building Code Council votes to update the Uniform Fire Prevention and Building Code (Uniform Code) and the Energy Conservation Construction Code of New York State. The updated Uniform Code is based on the 2006 International family of codes, and the 2010 ECCCNYS will be based on the 2009 IECC and ASHRAE 90.1-2007, along with several NYS specific enhancements (the current ECCCNYS is based on the 2004 IECC supplement and ASHRAE 90.1-2004).
February 24, 2010	A bill (S6912) is introduced in the New York Senate to amend the state’s energy code law. The legislation requires the State Fire Prevention and Building Code Council to adopt the latest IECC version with six months of its publication or develop a residential code that meets or exceeds the IECC in stringency within that timeframe. The bill also removes a requirement for the Council to demonstrate a ten-year payback period for the energy-saving provisions of each new code edition. Finally, the legislation would require all new residential buildings to undergo a Home Energy Rating System (HERS) rating by a certified rater and achieve a score of 84 or less (87 or less for residential buildings greater than 6,000 square feet). This bill passes through the Senate but dies after being referred to the Energy Committee.
December 16, 2009	The New York State Uniform Fire and Building Code Council moves a proposal to update the state energy code onto the final stages of the state’s regulatory process. The proposed 2010 Energy Conservation Construction Code of New York State would be based on the 2009 IECC and ASHRAE 90.1-2007 (the current ECCCNYS is based on the 2004 IECC supplement and ASHRAE 90.1-2004). The proposed regulations must still be published in the NYS Register and be subject to a 45-day public comment period and public hearings.
July 6, 2009	Governor David A. Paterson announces that the U.S. Department of Energy (DOE) has approved New York’s plan for federal stimulus funding through the State Energy Program (SEP) of the American Recovery and Reinvestment Act (ARRA). The $123 million in SEP funds will allow the New York State Energy Research and Development Authority (NYSERDA) to provide additional financial support for the installation of energy efficiency measures and renewable energy systems across the state. In cooperation with the New York State Department of State, NYSERDA will distribute $4.4 million to support the Governor’s effort to adopt more stringent energy codes for buildings. Various implementation and support services will be available to the entire building community, including local jurisdictions charged with implementation of the state energy code, architects, engineers, and homebuilders, to work aggressively to achieve at least 90 percent compliance in the commercial and residential sectors.
April 9, 2008	All references to ASHRAE 90.1-2001 are replaced with references to ASHRAE 90.1-2004.
January 1, 2008	New York implements the 2007 ECCCNYS, which includs the 2004 IECC supplemental edition with state amendments for residential and commercial buildings. Section 801 allows for the alternative design of commercial buildings using ASHRAE Standard 90.1-2001.
July 1, 2002	The 2002 ECCCNYS becomes effective.
July 29, 1999	The Governor’s Executive Chamber issues a press release announcing an agreement with the state legislature to allow for the state’s conversion to a model energy code which is supported by a 1999 DOE State Energy Code Assistance Grant.
1989-1991	The state energy code for residential buildings is amended and substantially rewritten.
January 1, 1979	The first iteration of the ECCCNYS becomes effective.