§ 28-1001.1.1 Definitions.
AC § 28-1001.1.1
As used in this chapter: ASHRAE 90.1-2013. The term "ASHRAE 90.1-2013" means the 2013 edition of the energy standard for buildings except low-rise residential buildings, standard reference number 90.1-2013, published by the American society of heating, refrigerating and air conditioning engineers (ASHRAE). COVERED BUILDING. The term "covered building" has the same meaning as set forth in section 28-309.2. NEW YORK STATE ENERGY CODE. The term "New York State Energy Code" means the New York State Energy Conservation Construction Code (the "New York State Energy Code"), constituting part 1240 of title 19 of the New York codes, rules and regulations (19 NYCRR Part 1240), and the publications incorporated by reference in such part, promulgated on October 1, 2025, by the State Fire Prevention and Building Code Council pursuant to Article 11 of the New York State Energy Law. PREDICTED ENERGY USE. For a building, the amount of energy that is expected to be used at the premises of such building based upon the design of such building as filed by an applicant with the department for approval. PREDICTED ENERGY USE TARGET. For each type of buildings, as such types correspond to the prototypes set forth in ASHRAE 90.1-2013, a maximum allowable predicted energy use of such buildings that are new buildings or existing buildings undergoing substantial reconstruction, as determined pursuant to this article. SUBSTANTIAL RECONSTRUCTION. The term "substantial reconstruction" means any alteration or improvement of an existing building, if such work involves alteration of 40 percent or more of the building envelope and any two of the following, within a period of 12 months: (i) replacement of the equipment that provides heating capacity, including service hot water to 50 percent or more of the building floor area; (ii) replacement of the equipment that provides cooling capacity to 50 percent or more of the building floor area; or (iii) replacement of 50 percent or more of the connected lighting load; provided that before the commissioner submits to the city council proposed amendments to this code that establish predicted energy use targets pursuant to section 28-1001.3.4, the New York city energy conservation code advisory committee established pursuant to section 28-1001.3.2 may recommend, and the commissioner may include in such amendments, an alternative definition of this term, including a definition that varies based on building type. (L.L. 2015/004, 1/8/2015, eff. 1/1/2015; Am. L.L. 2016/091, 8/3/2016, eff. 10/3/2016; Am. L.L. 2016/125, 10/18/2016, eff. 10/3/2016; Am. L.L. 2018/032, 1/8/2018, eff. 1/8/2018; Am. L.L. 2020/048, 3/29/2020, eff. 5/12/2020; Am. L.L. 2026/047, 1/17/2026, retro. eff. 12/31/2025) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2015/004, L.L. 2016/091, L.L. 2016/125, L.L. 2020/048, and L.L. 2026/047.
