New York

Residential

New York’s mandatory residential code is the Energy Conservation Construction Code of New York State (ECCCNYS) and is based on the 2004 IECC with amendments. 

Commercial

New York’s mandatory commercial code is a State-developed code (Energy Conservation Construction Code of New York State - ECCCNYS) based on the IECC 2003 and referencing ASHRAE 90.1-2004. 

New York does not have a mandatory schedule for code review and update.

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 seventeen Governor-appointed members. A quorum of nine members must be present in order to adopt any proposed code changes.

Executive law requires the Code Council to hold meetings at least four times a year.
 

Residential

Compliance is determined through the standard building permit process that includes plan review and inspection by the government entity responsible for the administration and enforcement of the provisions of the Building Construction Code or the Fire Prevention and Building Construction Code applicable within the municipality. For areas without local municipal enforcement, the New York State Department of State must ensure that the minimum requirements of the code are met.  According to New York Laws Title 19, Chapter XXXII, section 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. If a local government and a county each exercises its option, the statute provides for administration and enforcement of the Uniform Code by the Secretary of State in the place and stead of the local government. Certain other events may also result in administration and enforcement of the Uniform Code by the Secretary of State. This Part establishes the procedures applicable in circumstances in which the Secretary of State must administer and enforce the Uniform Code in the place and stead of a local government or county." 

Commercial

Compliance is determined through the normal building permit process that includes plan review and inspection by the government entity responsible for the administration and enforcement of the provisions of the Building Construction Code or the Fire Prevention and Building Construction Code applicable within the municipality. For areas without local municipal enforcement, the New York State Department of State must ensure that the minimum requirements of the code are met.  According to New York Laws Title 19, Chapter XXXII, section 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. If a local government and a county each exercises its option, the statute provides for administration and enforcement of the Uniform Code by the Secretary of State in the place and stead of the local government. Certain other events may also result in administration and enforcement of the Uniform Code by the Secretary of State. This Part establishes the procedures applicable in circumstances in which the Secretary of State must administer and enforce the Uniform Code in the place and stead of a local government or county."

Local codes may differ from the state code as long as they are "not inconsistent" with the state code.  Local codes may also be more stringent in energy efficiency.

State Wide Program:
New York.
Green and Clean State Buildings, 2008

Program Description:
State agencies, including all public-benefit corporations and public authorities where the heads are appointed by the Governor and for which the Governor has executive authority, must reduce energy consumption by 35% from 1990 levels by 2010 in buildings that they own, lease or operate. 
# All affected entities shall establish targets and schedules to establish peak electric demand reduction targets for each state facility by 2005 and 2010. 
# State agencies must select Energy Star labeled products when acquiring or replacing energy using equipment. 
# New state construction and substantial renovations must follow LEED* green building guidelines to the maximum extent practical. 
# New state buildings should exceed the state energy code by at least 20% and substantial renovations by at least 10%. 
# Operations of existing buildings should strive to meet the Energy Star building standards for energy performance and indoor air quality. 
 
The order also made requirements for state vehicle purchases and state purchases of renewable electricity. The New York State Energy Research and Development Authority (NYSERDA) is tasked with implementing the various provisions of the order. In addition, NYSERDA is required to generate energy efficiency equipment standards for products for which Energy Star labeling is not available. Guidelines issued by NYSERDA identify several exemptions from the order, including buildings smaller than 5,000 square feet and energy use in leased space that is not billed based on direct use. 
 
If a state entity is unable to reasonably reach the 35% goal of energy efficiency improvements, they are directed to explore the possibility of meeting or exceeding the standards set forth by the ENERGY STAR Portfolio Manager (must achieve a rating of 75 or better) building benchmarking program. Executive order number two establishes an energy board annual review process for New York's evolving Energy Plan. 
 
State entities seeking guidance on documentation requirements may use the requirements of the 
LEED application process or the requirements as set forth in Section 638.9 of the New York 
State Green Building Tax Credit.

Energy Standard:
New state buildings should exceed the state energy code by at least 20% and substantial renovations by at least 10%.   Operations of existing buildings should strive to meet the Energy Star building standards for energy performance and indoor air quality.  New state construction and substantial renovations must follow LEED green building guidelines to the maximum extent practical.      Commercial LEED certification: below is summarized from LEED NC, details vary according to certification program. Mandatory: minimum 10% compliance beyond ASHRAE 90.1-2007, or use of NBI's Core Performance or one of ASHRAE's Advanced Energy Design Guidelines. LEED options include: optimize energy performance, on-site renewable energy, enhanced commissioning, enhanced refrigerant management, measurement & verification, and green power.

City Wide Program:
Clarkstown, New York.
Energy Star Requirement, 2008

Program Description:
Requires ENERGY STAR for all new residential construction (applies to multi-family dwellings three stories or less). See section 109-3 Building Permits in the Clarkstown code.

Energy Standard:
Residential ENERGY STAR: ENERGY STAR certification, with a HERS rating of 85.  ENERGY STAR Homes are 15% more efficient than the IRC/IECC.

City Wide Program:
Babylon, New York.
Babylon Green Building Initiative, 2006

Program Description:
Energy Star is required for all new single family residential construction. In addition, Babylon requires that the building save 500 kWh, automatic HVAC controls, and compliance with the Combustion Safety Testing Standards and Procedures for Energy Star (Babylon code section 89-79).  The Town also requires that all multi-family residential and non-residential buildings submit a LEED checklist and pay a fee of $0.03 per square foot to the Town of Babylon Green Building Fund. This fee will be reimbursed for achieving a LEED Certified status (section 89-93).

Energy Standard:
Residential Energy Star: Energy Star Certification, with a HERS rating of 85.  Energy Star Homes are 15% more efficient than the IRC/IECC.     Commercial LEED certification:  below is summarized from LEED NC, details vary according to certification program. Mandatory: minimum 10% compliance beyond ASHRAE 90.1-2007, or use of NBI's Core Performance or one of ASHRAE's Advanced Energy Design Guidelines. LEED options include: optimize energy performance, on-site renewable energy, enhanced commissioning, enhanced refrigerant management, measurement & verification, and green power.  Residential: mandatory prerequisite, Energy Star certification and refrigerant charge test, options include exceptional energy performance, efficient hot water distribution, pipe insulation, and appropriate HVAC refrigerants.

City Wide Program:
Brookhaven, New York.
Energy Star Requirement, 2006

Program Description:
ENERGY STAR is required for all new residential construction (applies to multi-family dwellings three stories or less).  Buildings more than three stories must comply with the Energy Star thermal envelope requirements, electrical savings and ventilation requirements, and the equipment efficiency requirements.

Energy Standard:
Residential ENERGY STAR Option: ENERGY STAR certification, with a HERS rating of 85.  ENERGY STAR homes are 15% more efficient than the IRC/IECC

City Wide Program:
Brookhaven, New York.
Green Building Ordinance, 2007

Program Description:
The Brookhaven Town Board adopted Green Building/LEED Standards for New Large Commercial Retailer Development requiring all new commercial shopping centers 125,000 sq ft and larger to obtain a green building permit. The policy also established a density bonus of a 1% increase in floor area ratio (FAR) per level of LEED certification achieved.

Energy Standard:
Commercial LEED Certification:  below is summarized from LEED NC, details vary according to certification program. Mandatory: minimum 10% compliance beyond ASHRAE 90.1-2007, or use of NBI's Core Performance or one of ASHRAE's Advanced Energy Design Guidelines. LEED options include: optimize energy performance, on-site renewable energy, enhanced commissioning, enhanced refrigerant management, measurement & verification, and green power. 

City Wide Program:
Greensburgh, New York.
Green Building Initiative and Energy Conservation Construction Standards, 2009

Program Description:
A good-faith effort for LEED certification is mandatory for all new non-residential construction. There is a fee of $0.03 per square foot to be paid to the Greenburgh Green Building Fund. The fee is refunded if LEED Certification is achieved. 

Energy Standard:
Commercial LEED Certification:  below is summarized from LEED NC, details vary according to certification program. Mandatory: minimum 10% compliance beyond ASHRAE 90.1-2007, or use of NBI's Core Performance or one of ASHRAE's Advanced Energy Design Guidelines. LEED options include: optimize energy performance, on-site renewable energy, enhanced commissioning, enhanced refrigerant management, measurement & verification, and green power.     Residential: mandatory prerequisite, Energy Star certification and refrigerant charge test, options include exceptional energy performance, efficient hot water distribution, pipe insulation, and appropriate HVAC refrigerants.


City Wide Program:
Greensburgh, New York.
Energy Star mandate, 2001

Program Description:
All new residential dwellings must meet NYSERDA's ENERGY STAR program.

Energy Standard:
Residential ENERGY STAR Option: ENERGY STAR certification, with a HERS rating of 85.  Energy Star Homes are 15% more efficient than the IRC/IECC

City Wide Program:
Hempstead, New York.
Energy Star Homes, 2008

Program Description:
All new residential dwellings must meet NYSERDA and Long Island Power Authority's ENERGY STAR program. 

Energy Standard:
Residential ENERGY STAR Option: ENERGY STAR certification, with a HERS rating of 85.  Energy Star Homes are 15% more efficient than the IRC/IECC.

County Wide Program:
Monroe County, New York.
Municipal Building Initiative, 2007

Program Description:
New municipal buildings or major renovations 5,000 square feet or larger must be certified LEED Silver.  

Energy Standard:
Commercial LEED Certification:  below is summarized from LEED NC, details vary according to certification program. Mandatory: minimum 10% compliance beyond ASHRAE 90.1-2007, or use of NBI's Core Performance or one of ASHRAE's Advanced Energy Design Guidelines. LEED options include: optimize energy performance, on-site renewable energy, enhanced commissioning, enhanced refrigerant management, measurement & verification, and green power. 


City Wide Program:
New York, New York.
New York City - Green Building Requirements for Municipal Buildings

Program Description:
All new municipal construction or major reconstruction projects with an estimated capital cost of more than $2 million, except schools and hospitals, must meet LEED* Silver certification standards. 
 Non-municipal projects meeting the above criteria and receiving at least 50% of project costs or $10 million from the city treasury must also meet LEED Silver certification standards 
School and hospital projects meeting the above criteria need only meet LEED certification standards. 
Projects with an estimated construction cost of $12 million - $30 million, schools excluded, must achieve an energy cost reduction of 20% above LEED Credit EA1 or the New York State Energy Construction Code (ECCCNYS), which ever is more stringent; and achieve an additional 5% energy cost reduction if the payback period is less than 7 years. 
Projects with an estimated construction cost of more than $30 million, schools excluded, must achieve an energy cost reduction of 25% above LEED Credit EA1 or ECCCNYS, which ever is more stringent; and achieve a further energy cost reduction of 5-10% if the payback period is less than 7 years. 
School projects with a construction cost of more than $12 million must achieve energy cost reductions of 20% above LEED Credit EA1 or the ECCCNYS, whichever is more stringent; and achieve a further energy cost reduction of 5-10% if the payback period is less than 7 years.

Energy Standard:
Commercial LEED certification:  below is summarized from LEED NC, details vary according to certification program. Mandatory: minimum 10% compliance beyond ASHRAE 90.1-2007, or use of NBI's Core Performance or one of ASHRAE's Advanced Energy Design Guidelines. LEED options include: optimize energy performance, on-site renewable energy, enhanced commissioning, enhanced refrigerant management, measurement & verification, and green power. 

City Wide Program:
Riverhead, New York.
Energy Star, 2008

Program Description:
All new residential dwellings must meet NYSERDA's ENERGY STAR program.

Energy Standard:
Residential ENERGY STAR Option: ENERGY STAR certification, with a HERS rating of 85.  ENERGY STAR Homes are 15% more efficient than the IRC/IECC.

County Wide Program:
Rockland County, New York.
The Rockland county governmental green building act, 2008

Program Description:
All new construction and major renovations of municipal buildings must achieve LEED silver.

Energy Standard:
Commercial LEED certification:  below is summarized from LEED NC, details vary according to certification program. Mandatory: minimum 10% compliance beyond ASHRAE 90.1-2007, or use of NBI's Core Performance or one of ASHRAE's Advanced Energy Design Guidelines. LEED options include: optimize energy performance, on-site renewable energy, enhanced commissioning, enhanced refrigerant management, measurement & verification, and green power. 


City Wide Program:
Smithtown, New York.
Energy Star, 2008

Program Description:
As of October 1, 2008 any new home, which is permitted, shall be built to comply with the Long Island Power Authority (LIPA) New York ENERGY STAR labeled Homes Program requirements.

Energy Standard:
Residential ENERGY STAR Option: ENERGY STAR certification, with a HERS rating of 85.  Energy Star Homes are 15% more efficient than the IRC/IECC.

City Wide Program:
South Hampton, New York.
Energy Star

Program Description:
All new residential dwellings must meet NYSERDA's ENERGY STAR program.

Energy Standard:
Residential ENERGY STAR Option: ENERGY STAR certification, with a HERS rating of 85.  Energy Star Homes are 15% more efficient than the IRC/IECC.

County Wide Program:
Suffolk County, New York.
LEED Resolution, 2006

Program Description:
Department of Public Works must achieve LEED certification of all new construction or major renovation projects over $1 million.

Energy Standard:
Commercial LEED certification:  below is summarized from LEED NC, details vary according to certification program. Mandatory: minimum 10% compliance beyond ASHRAE 90.1-2007, or use of NBI's Core Performance or one of ASHRAE's Advanced Energy Design Guidelines. LEED options include: optimize energy performance, on-site renewable energy, enhanced commissioning, enhanced refrigerant management, measurement & verification, and green power.