State Codes and Statutes
Statutes > New-york > Eng > Article-11 > 11-103§ 11-103. Applications. 1. (a) The code relating to the construction of all buildings, or classes of buildings in the state, for purposes of minimizing the consumption of energy and providing for the efficient utilization of the energy expended in the use and occupancy of buildings is continued. Such code shall be at least equal to the standards specified in standard 90-75 of the American Society of Heating, Refrigerating and Air Conditioning Engineers, Inc., entitled "Energy Conservation in New Building Design", known hereafter as ASHRAE Standard 90-75; and to the reference standards upon which the ASHRAE Standard 90-75 is based; provided however, that in addition any portion of the code which applies to residential construction shall be at least equivalent to the requirements set forth in the public service commission opinions, PSC 76-16 (C) dated May fifteenth and sixteenth, nineteen hundred seventy-seven, and appendices thereto. The code shall apply to all buildings for which application for a building permit is made and plans are filed in this state on or after January first, nineteen hundred seventy-nine, which date shall be the effective date of the code. (b) The rules and regulations relating specifically to the substantial renovation of all buildings, or classes of buildings in the state, for purposes of minimizing the consumption of energy and providing for the efficient utilization of the energy expended in the use and occupancy of such buildings are continued. Such rules and regulations shall apply only to that portion of a building subsystem or subsystems which is replaced; provided that fifty percent or more of such building subsystem or subsystems is replaced. 2. The state fire prevention and building code council is authorized, from time to time as it deems appropriate and consistent with the purposes of this article, to review and amend the code through rules and regulations provided that the code remains cost effective with respect to building construction in the state. The code shall be deemed cost effective if the cost of materials and their installation to meet its standards would be equal to or less than the present value of energy savings that could be expected over a ten year period in the building in which such materials are installed. 3. Notwithstanding any other provision of law, the state fire prevention and building code council in accordance with the mandate under this article shall have exclusive authority among state agencies to promulgate a construction code incorporating energy conservation features. Any other code, rule or regulation heretofore promulgated or enacted by any other state agency, incorporating specific energy conservation requirements applicable to the construction of any building, shall be superseded by the code promulgated pursuant to this section. 4. The secretary of state is authorized to issue written interpretations of the code upon written request of a permit applicant or the official responsible for the administration and enforcement of the provisions of the code. Subsequent enforcement of the code shall be consistent with such written interpretations.
