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New York

State Profile

Code Type: Commercial Residential
Current State Code 2018 IECC and ASHRAE 90.1-2016 2018 IECC with Amendments
Effective Date
Adoption Date
State Amendments Yes Yes
State Code Analysis*
Enforcement Mandatory Statewide Mandatory Statewide
Can use COM/REScheck Yes Yes

Certifications

Commercial Residential
Current Model Code ASHRAE Standard 90.1-2019 2021 IECC
Yes Yes
Commercial
Previous Model Code
ASHRAE Standard 90.1-2016
ASHRAE Standard 90.1-2007
Residential
Previous Model Code
2018 IECC
2009 IECC

Model Code Savings Potential

Statewide Savings Potential (2010-2030) Residential Commercial
Cost $2.20B $1.16B
Energy (primary) 130MBtu 83MBtu

Consumer Cost Savings

Consumer Cost Savings Residential
per Home
Commercial
per 1,000 ft2
Annual ($) $605 $154
Annual (%) 21.3%
Life-cycle (30 year) $8549 $1910
Simple Payback 3.5 years 9.5 years
Positive Cash Flow 0.5 years

Compliance

Code Type: Residential Commercial
Field Study No No
Training Program No No

Additional Information

New York

    Background

    The first New York State Energy Conservation Construction Code (the Energy Code) became effective on January 1, 1979. The Energy Code was amended for residential buildings in 1987 and substantially rewritten in March 1991. On July 29, 1999, the NYS Governor's Executive Chamber issued a press release announcing an agreement with the NYS legislature to allow for the state's conversion to a model energy code supported by the recently awarded 1999 DOE State Energy Code Assistance Grant. The implementation of the 2002 New York State Energy Conservation Construction Code, based on the 2000 International Energy Conservation Code (IECC), took effect July 3, 2002.
    The 2007 Energy Code was updated on January 1, 2008, based on the 2004 supplement to the 2003 IECC with NY amendments for residential buildings and the 2003 IECC with amendments for commercial buildings. Updated adoption to ASHRAE 90.1-2004 took place in April 2008.
    On July 6, 2009, Governor David A. Paterson announced that the U.S. Department of Energy (DOE) approved New York's plan for federal stimulus funding through the State Energy Program (SEP) of the American Recovery and Reinvestment Act (ARRA). 
    The Energy Law of New York State was amended with the most significant change being expanding the applicability of the Energy Code for existing buildings (as required by ARRA), including renovations involving building system replacement, with exemptions, and a corresponding update to the Energy Code took effect on December 28, 2010. 
    The New York State Fire Prevention and Building Code Council (the Code Council) completed major updates to the Energy Code incorporating by reference the 2015 IECC and ASHRAE 90.1-2013 with state-specific amendments becoming effective on October 3, 2016. 
    The Code Council again updated the Energy Code primarily based on the 2018 IECC and ASHRAE 90.1-2016 with state-specific amendments with an effective date of May 12, 2020. 
    As of November of 2023, New York State is in the process of updating the State Energy Code primarily based on the 2024 IECC and ASHRAE 90.1-2022 with state-specific amendments with a target adoption date in 2024.
    Regulated parties can subscribe to receive email notifications pertaining to training events, code and regulation updates, and other information that is relevant to the code enforcement community by emailing listserver@ny.gov.

    State-Owned/Funded Buildings

    On September 20, 2022, Governor Hochul signed Executive Order No. 22: Leading by Example: Directing State Agencies to Adopt a Sustainability and Decarbonization Program (EO 22). The GreenNY Council was established through EO 22 and is the entity primarily responsible for its implementation. EO 22 mandates the development of procurement specifications and operational directives applicable to public works solicitations and contracts and the reduction of greenhouse gas emissions, waste, and embodied carbon in State facilities.

    Adoption Process

    By legislative authority, the New York State Fire Prevention and Building Code Council (the Code Council) can, through regulation, amend the Energy Code. Amendments are developed and adopted through a formal rulemaking process that includes a public review period. Interested parties can provide written comments on the amendments prior to adoption.
    State legislation restricts the amendments to those that meet a life-cycle cost analysis payback to the building owner. The Energy Code is effective statewide and local governments may adopt a more restrictive local energy conservation code, through regulation and in accordance with the State Energy Law, including filing the local code with the Code Council. 
    The NYS Department of State, Division of Building Standards and Codes provides technical support and assists with the issuance of code interpretations and variances.

    Enforcement Process

    Enforcement of the State Energy Code is the responsibility of the same local governmental entity with designated authority for the administration and enforcement of the New York State Uniform Fire Prevention and Building Code within the municipality or by the entity with designated authority for State agencies with regulatory authority. The local code official is responsible for reviewing construction documents. For counties that opt-out of providing local enforcement, the State Energy Code and Uniform Code are enforced by the NYS Department of State.

    Compliance Process

    Code compliance is determined through a code enforcement program that includes construction document review and inspections. The code enforcement program is established by the local governmental entity or State agency responsible for the administration and enforcement of the codes in accordance with the regulations of the Department of State.