§ 5000-01 Construction Document Approval Requirements for Compliance with the New York City Energy Conservation Code.
RCNY § 5000-01
(a)Purpose. This section sets forth the requirements for filing and approval of construction documents and the universe of progress inspections during construction, in accordance with the New York City Energy Conservation Code.
(b)References. See 2020 New York City Energy Conservation Code (Administrative Code §§ 28-1001.1 et seq.); 2020 New York State Energy Conservation Construction Code (19 NYCRR part 1240); Administrative Code § 28-104.7.9, Sections BC 107.13 and BC 110.3.5, Mechanical Code, and Fuel Gas Code; 1 RCNY § 101-07 ("Approved Agencies").
(c)Definitions. For the purposes of this chapter, the following terms shall have the following meanings: Above-Grade Wall. An above-grade wall as defined in the Energy Code. This definition differs in the residential provisions and the commercial provisions of the Energy Code. Addition. An addition as defined in the Energy Code. Approved Progress Inspection Agency. An approved progress inspection agency as described in subparagraph (iii) of paragraph (3) of subdivision (c) of 1 RCNY § 101-07. ASHRAE 90.1. ASHRAE 90.1-2016 (as amended) as defined in the Energy Code. Commercial Building. A commercial building as defined in the Energy Code. Design Applicant. An applicant of record who develops, signs and seals the construction drawings. The design applicant may be someone other than the registered design professional who prepares, signs and seals the energy analysis. Energy Code. The New York City Energy Conservation Code ("ECC"), as defined in Chapter 10 of Title 28 of the Administrative Code. Grade Plane. A grade plane as defined in the Energy Code. This definition differs from the Building Code definition of Grade Plane. Historic Building. An historic building as defined in the Energy Code. Project. A project as defined in the Energy Code. Registered Design Professional. A registered design professional as defined in the Energy Code. Residential Building. A residential building as defined in the Energy Code. Story. A story as defined in the Energy Code. This definition differs from the Building Code definition of Story. Story above Grade Plane. A story above grade plane as defined in the Energy Code. This definition differs from the Building Code definition of Story Above Grade Plane. Sustainable Roofing Zone. A sustainable roofing zone as defined in Chapter 15 of the Building Code. Note that this is a Building Code requirement and not an Energy Code requirement. Thermal Bridge. A thermal bridge as defined in the Energy Code.
(d)Applicability.
(1)Applicable version and edition of Energy Code. Applications must comply with the Energy Code version and edition in effect when the application is filed, continuing through construction and sign-off of the application by the Department.
(2)Residential building projects. All applications related to a single residential building project must follow ECC Chapters R2 through R6.
(3)Commercial building projects. All applications related to a single commercial building project must follow either ECC Chapters C2 through C6 or ASHRAE 90.1 in its entirety.
(i)ECC Compliance Path. Vertical fenestration is allowed up to 30% of the gross above-grade wall area, prescriptively. Commercial buildings with vertical fenestration exceeding 30% of the above-grade wall must provide daylighting controls in required daylight zones in accordance with ECC provisions to a maximum fenestration area of 40% of the gross above-grade wall area. Alternatively, commercial buildings with vertical fenestration exceeding the prescriptive requirements for maximum vertical fenestration area may show compliance using the Component Alternative Method in Section C402.1.5, through the use of COMcheck.
(ii)ASHRAE 90.1 Compliance Path. Vertical fenestration is allowed up to 40% of the gross wall area, prescriptively. If the vertical fenestration exceeds 40% of the gross wall area, the design team must use energy modeling in accordance with Section 11 of ASHRAE 90.1 ("Energy Cost Budget Method") or Appendix G of ASHRAE 90.1 ("Performance Rating Method") and as provided in subparagraph (iv) of paragraph (1) of subdivision (f) of this section or Section 5.6 of ASHRAE 90.1 ("Building Envelope Trade-off Option").
(iii)Additional requirements in Section 11 and Appendix G. For new buildings 25,000 square feet and greater in area, and which follow Section 11 or Appendix G, additional requirements must be satisfied to demonstrate compliance with Section 5.2.3. The building envelope must comply with either Section 5.5 of ASHRAE 90.1 ("Prescriptive Building Envelope") or the applicant must calculate an envelope performance factor in accordance with Appendix C of ASHRAE 90.1 that meets certain thresholds dependent on the occupancy of the building.
(4)Identification of related applications. Applicants must indicate in the application form all applications related to the project or, if an application has not yet been filed, the name of the applicant or the applicant's firm and discipline for any anticipated related applications.
(e)Professional statement. Every application filed by a registered design professional for approval of construction documents for a new building or alteration shall include a professional statement of either compliance with or exemption from the Energy Code.
(iv)Post-approval amendment. A post-approval amendment for a job that was exempt under a prior edition of the Energy Code.
(f)Energy analysis. An energy analysis is required for every project that is not entirely exempt. The energy analysis must identify the compliance path followed, demonstrate how the project design complies with the Energy Code and, for commercial projects, indicate whether the project is designed in accordance with ECC Chapters C2 through C6 or with ASHRAE 90.1.
1.For applications filed on or after May 12, 2020, the report must specify the 2020 New York City Energy Conservation Code.
2.For applications filed before May 12, 2020, the report must specify the edition of REScheck that matches the edition of the New York City Energy Conservation Code in effect when the application was filed. If a New York City-specific version is no longer supported, the report must specify the applicable IECC version of the software.
(v)Alternative formats. Formats other than those listed in subparagraphs (i) through (iv) of this paragraph, including, but not limited to, the home energy software programs described in section ECC 101.5.1, may be used for a project only if they are approved in advance by both the Secretary of State of New York State and the commissioner.
(5)Foundation and earthwork permits. When phased or partial approval is requested by the applicant for the purpose of issuance of a foundation and earthwork permit in accordance with § 28-104.2.5 of the Administrative Code, a tabular analysis must be filed showing the foundation insulation requirements of the ECC. Refer also to subclause 2 of clause (A) of subparagraph (i) of paragraph (4) of this subdivision.
(g)Supporting documentation. The construction drawings submitted for approval must provide all energy design elements and must match or exceed the energy efficiency of each value in each part of the energy analysis – envelope, mechanical/service water heating, and lighting/power. The supporting documentation must be listed in a table that serves as an indexing guide to the construction document set. Such table must list the proposed values of each Energy Code-regulated item in the scope of work with the respective location in the drawing set. Such table is not required if the location of the supporting documentation is included in a column as shown in the Tabular Analysis described in figure 1. Figure 2: Sample Supporting Documentation Index: SUPPORTING DOCUMENTATION INDEXCode chapter and/or standard used for design Climate Zone 4ACode SectionItem DescriptionSupporting Documentation LocationList specific code sectionList all elements of the scope of work in the detail that they are addressed by the energy code.List the drawing page number and/or section title. For additions, the construction documents must clearly show in the supporting documentation, the new construction as it relates to existing conditions. For alterations, the construction documents must clearly show in the supporting documentation those physical portions of the systems that are being brought up to code and those that are not being altered. Further, supporting documentation must provide all information necessary for a progress inspector to verify during construction that the building has been built in accordance with the approved construction documents to meet the requirements of the Energy Code. In addition, other mandatory Energy Code requirements must be provided as described in paragraphs (1) through (7) of this subdivision. This is not an exhaustive list.
(vi)Electric vehicle service equipment capable. New residential buildings with parking areas must indicate on the construction documents the method of compliance for the future installation of electric vehicle service equipment in accordance with the Energy Code and the Building Code, as applicable.
(vii)Elevators and escalators. For applications with elevators, the construction documents must provide the efficiency class and usage category. For new building applications with elevator shafts rising 75 feet or more must provide documentation showing compliance with regenerative drives, as applicable. For applications with escalator installations must provide documentation showing compliance with regenerative drives, as applicable.
(viii)Commercial kitchen equipment. For applications with certain commercial kitchen equipment, the construction documents must provide the type of equipment, the minimum performance value, and the design specification value in accordance with the ECC.
3.Air barrier continuity plan. Buildings 10,000 square feet and greater but less than 50,000 square feet, which are greater than 75 feet in height, and for buildings greater than 50,000 square feet must include a statement of compliance with the Air Barrier Continuity Plan requirements of the Energy Code. The construction documents must indicate each unique air barrier joint or seam to be tested along with the recommended method of testing.
(6)Deferred submittals. Drawings showing design intent and performance criteria matching those in the energy analysis may be submitted as supporting documentation provided that, in accordance with § 28-104.2.6 of the Administrative Code, the applicant lists such deferred submittals in the construction drawings and submits them for approval prior to installation or construction. If required, the energy analysis must be updated when deferred submittals are provided for approval.
(7)Required progress inspections. Supporting documentation must set forth all applicable required progress inspections in accordance with the Energy Code, 1 RCNY § 101-07 and this section.
(h)List of progress inspections required. The following progress inspections and/or testing set forth in Tables I and II shall be required when applicable to the scope of work and shall be identified/described in the supporting documentation and included on the drawings submitted to the Department. Energy Code sections cited in Tables I and II of this section shall be understood to include the section, all subsections, all tables and, when ASHRAE 90.1 is used, appendices related to the cited Energy Code section.
