2010 Energy Conservation Construction Code of New York State (2010 ECCCNYS)

Residential:

• The 2010 ECCCNYS is based on the 2009 IECC with NY State amendments and is slightly more restrictive than the 2009 IECC.
• Builders can use RESCheck 4.4.1 or subsequent versions for compliance.

Commercial:

• The 2010 ECCCNYS is based on the 2009 IECC with NY State amendments, or ASHRAE Standard 90.1-2007. It is as stringent as the 2009 IECC.
• Builders can use COMCheck 3.8.0 or subsequent versions for compliance.

On December 28, the updated Uniform Fire Prevention and Building Code (Uniform Code) and the Energy Conservation Construction Code of New York State (ECCCNYS) became 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 will 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 will begin 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 available from ICC, and will soon be available via the Codes Division website.

The state also removed 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 was amended by the New York State Assembly and the Senate, and signed into law on December 13, 2010. It is effective 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.

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