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What is NYC BC § 3202.1.6?

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This section permits insulation to encroach into the public right of way by no more than 6 inches if necessary for compliance with the New York City Energy Conservation Code or if it reduces greenhouse gas emissions by at least thirty percent. Applies to building owners making insulation improvements.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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3202.1.6 Insulation.

BC § 3202.1.6

Insulation shall be permitted to encroach into the public right of way not more than 6 inches (152 mm) beyond the face of the structural element being insulated, in accordance with the following: 1. The insulation is necessary to comply with the New York City Energy Conservation Code; or 2. In existing buildings, the installation of the insulation will reduce greenhouse gas emissions, as demonstrated by achieving not less than a thirty percent reduction of the existing thermal envelope UA (the area-weighted average of assembly u-factors, as defined in the New York City Energy Conservation Code) as compared to the improved thermal envelope UA. For the purposes of calculating the reduction in the thermal envelope UA, the improved thermal envelope UA is the area-weighted average of the proposed opaque U-factor times the alteration area of the opaque wall assembly compared to the area-weighted average UA of the existing wall assembly. The UA calculation shall be performed using a method consistent with the New York City Energy Conservation Code. (Am. L.L. 2023/077, 6/11/2023, eff. 6/11/2023) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2023/077.

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