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Notice of Rule in Development
A rule currently in development would amend the provisions of the State Energy Conservation Construction Code (the “Energy Code”) that apply to commercial buildings.
The Department of State invites public participation in the rule development process.
The Department of State (DOS) is in the process of developing a rule which, if adopted by the State Fire Prevention and Building Code Council, would amend provisions of the Energy Code that apply to commercial buildings.
The Energy Code for commercial buildings, as amended by this rule, will be set forth in the Commercial Provisions of the 2012 edition of the International Energy Conservation Code (the “2012 IECC”), and published by the International Code Council, Inc.
The Commercial Provisions of the 2012 IECC will allow compliance with the 2010 edition of the Energy Standard for Buildings, Except Low-Rise Residential Buildings (“ASHRAE 90.1-2010”), published by the American Society of Heating, Refrigerating and Air-Conditioning Engineers, as one of the permitted compliance paths.
Certain provisions in the 2012 IECC and certain provisions in ASHRAE 90.1-2010 will be amended by the 2013 Supplement to the New York State Energy Conservation Construction Code (the “2013 Supplement”), published by DOS.
This rule will incorporate the Commercial Provisions of the 2012 IECC, ASHRAE 90.1-2010, and the 2013 Supplement by reference into 19 NYCRR Part 1240.
The rule is being developed in response to the U.S. Department of Energy (“DOE” ) having issued a determination that ASHRAE 90.1-2010 would achieve greater energy efficiency in buildings subject to the code than the 2007 edition of Standard 90.1 (“ASHRAE 90.1-2007”). Also, DOE has determined that the quantitative analysis of the energy consumption of buildings built to ASHRAE 90.1–2010, as compared with buildings built to ASHRAE 90.1–2007, indicates national source energy savings of approximately 18.2 percent of commercial building energy consumption. Additionally, DOE has determined site energy savings are estimated to be approximately 18.5 percent. Upon publication of this affirmative final determination, States are required to certify that they have reviewed the provisions of their commercial building code regarding energy efficiency, and as necessary, updated their code to meet or exceed ASHRAE 90.1–2010. DOS believes that the Commercial Provisions of the 2012 IECC meet or exceed ASHRAE 90.1-2010.
A draft of the rule is available here : DRAFT Rule Text
A draft of the 2013 Supplement is available here: DRAFT 2013 Supplement
This proposal was developed with the assistance of NYSERDA and the Energy Conservation Construction Code of New York State Technical Subcommittee.
DOS invites all interested parties, particularly those representing small businesses, local governments, and public or private interests in rural areas, to participate in the rule development process. Interested parties are invited to submit comments on the draft rule. If you have suggestions on how the draft rule could be improved, suggested alternatives to the draft rule that DOS could consider, or any other comments on the draft rule, please contact Mark Blanke, PE, Assistant Director for Code Development, by mail at New York State Department of State Division of Administration and Enforcement, 99 Washington Ave., Albany, NY 12231-0001; by telephone at (518)-474-4073; or by e mail at Mark.Blanke @dos.ny.gov
NOTE: The draft rule has not yet been proposed or adopted, and the Energy Code has not yet been amended in the manner described above.
