Bill S68012-2009

Updates the state energy conservation construction code to address the requirements of the American Recovery and Reinvestment Act of 2009

Details

Actions

  • Dec 7, 2010: SUBSTITUTED BY A42012
  • Dec 7, 2010: ORDERED TO THIRD READING CAL.8
  • Dec 3, 2010: REFERRED TO RULES

Votes

VOTE: COMMITTEE VOTE: - Rules - Dec 7, 2010
Ayes (17): Stachowski, Montgomery, Duane, Hassell-Thompson, Krueger, Serrano, Stewart-Cousins, Dilan, Klein, Valesky, Skelos, Padavan, Volker, Farley, LaValle, Seward, Hannon
Ayes W/R (1): Johnson
Absent (2): Espada, Parker
Excused (3): Smith, Larkin, Saland

Memo

BILL NUMBER:S68012

TITLE OF BILL:

An act to amend the energy law and the executive law, in relation to updating the state energy conservation construction code to address the requirements of the American Recovery and Reinvestment Act of 2009

PURPOSE:

This bill would update the Energy Law (EL) provisions establishing the New York State Energy Conservation Construction Code ("Code"). Specifically the bill would require the Code to meet or exceed the International Energy Conservation Code (IECC), or equivalent energy savings, for residential buildings; and meet or exceed the ANSI/ASHRAE/IESNA (ASHRAE) Standard 90.1-2007, or equivalent energy savings, for commercial buildings. These amendments would allow the State to satisfy the requirements of § 410 of the American Recovery and Reinvestment Act of 2009 ("ARRA") under which the State competes for federal energy program funding.

SUMMARY OF PROVISIONS:

Section 1 of the bill would amend EL § 11-102 to modify or eliminate the definitions of several existing defined terms, and to add several new defined terms. The bill amends the definitions of the following existing defined terms: "building," "equipment," and "residential building." In addition the bill eliminates the following defined terms "construction," "substantial renovation," and "subsystem". New defined terms include the following: "addition," "alteration," "ASHRAE 90.1-2007," "commercial building," "conditioned space," "historic building," "IECC," "local government," and "uniform code."

Section 2 of the bill would replace EL § 11-103(1)(a), which provided for the continuation of an outdated version of the Code, with a new paragraph (a) that provides for the continuation of the current Code until the State Fire Prevention and Building Code Council (Council) amends or replaces the Code. The bill would also replace EL 11-103(1)(b), which provided for the applicability of the Code to substantial renovations; with a new paragraph (b) that clarifies the applicability of the Code.

Specifically, the bill would clarify that the Code applies to the construction of any new building, and an addition to, and alteration of, any existing building or building system. However, the bill would clarify that the Code does not require any unaltered portion of an existing building or building system to comply with the Code. In addition, the bill provides that the Code would not apply to specific items that are common repairs or replacements such as storm windows installed over existing fenestration and glass only replacements, among others.

Section 3 of the bill would amend EL § 11-103(2) to require that any amendments to the Code applicable to residential buildings would continue to meet or exceed the then most recently published IECC, or achieve equivalent or greater energy savings. Similarly, this section

would require that any amendments to the Code applicable to commercial buildings would continue to meet or exceed the ANSI/ASHRAE/IESNA Standard 90.1-2007, or achieve equivalent or greater energy savings. In addition, this section would clarify that, when determining whether the code remains cost effective, the Council shall consider whether the cost of materials and their installation necessary to meet the standards in the Code would be equal to or less than the present value of energy savings that could be expected over a 10-year period.

Section 4 of the bill would amend EL § 11-104(5) to exempt from the Code any historic building defined in EL § 11-102. EL § 102(9) would define historic building as any building that is (a) listed on the National Register of Historic Places or on the State Register of Historic Places, (b) determined by the Commissioner of Parks, Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places, (c) determined by the Commissioner of Parks, Recreation and Historic Preservation to be a contributing building to an historic district that is listed or eligible for listing on the State or National Register of Historic Places, or (d) otherwise defined as an historic building in regulations adopted by the State Fire Prevention and Building Code Council.

Section 5 of the bill would amend EL § 11-105 to clarify that the Code Council may limit the application of any portion of the Code to classes or types of buildings provided, however, that such limitation (a) is consistent with the purposes of EL Article 11 and the criteria set forth in EL § 11-104, (b) does not render the code inconsistent with the energy savings requirements of EL . 11-103(2), and (c) whether considered individually or collectively with other limitations, will not prevent the attainment of the compliance goals set forth in § 410(2)(C) of the American Recovery and Reinvestment Act of 2009 (ARRA).

Section 6 of the bill would amend EL § 11-107 to clarify that the Code is to be administered and enforced in the same manner as the State Uniform Fire Prevention and Building Code (Uniform Code) pursuant to regulations adopted by the Secretary of State under Executive Law 381.

Section 7 of the bill would amend EL § 11-108 to increase fines for violations of the Code, or orders of a code enforcement officer, from $500 to $1,000.

Section 8 of the bill would amend EL § 11-109 to clarify that Article 11 does not impair the authority of a municipally to promulgate local energy conservation codes more restrictive than the Code, including requirements for energy efficiency testing and ratings. If a municipality files its code within 30 days of adoption, it may enforce that code until the Fire Prevention and Building Code Council determines it is not more restrictive than the Code. Similarly, if the municipality fails to file its code, it may not enforce it until the Council determines that it is more restrictive than the Code.

Section 9 of the bill would amend EL § 11-110 to make it gender neutral.

Section 10 of the bill would amend Executive Law § 381(1) and (2) to correspond with the changes that would be made by § 6 of the bill. In Executive Law § 381(1), the Secretary of State would be authorized to adopt regulations setting minimum standards for administration and enforcement of the Code, in addition to existing authority to adopt such standards for the Uniform Code. This section of the bill would also clarify that the Secretary's regulations shall include (a) the frequency of mandatory inspections for compliance with the Code and also the Uniform Code, and (b) the adequacy of means for insuring compliance with the Code and Uniform Code, including provisions intended to achieve compliance with the Code consistent with the compliance goals set forth in § 410 of ARRA.

In addition, this section of the bill would add two new requirements of the Secretary's regulations: (a) minimum basic training and in-service training requirements for code enforcement officers, and (b) standards and procedures for measuring the rate of compliance with the Code on an annual basis.

Executive Law § 381(2) would also be amended with technical changes to correspond to changes made by §§ 6 and 10 of the bill. These would clarify that the Code and Uniform Code are to be administered together. It also clarifies that two or more local governments may agree to jointly administer and enforce the Code, Uniform Code, or both.

Section 11 of this bill would provide for an effective date of January 1, 2011, provided that the Council and the Secretary of State are authorized and directed to adopt such regulations as deemed necessary to implement the bill prior to the effective date.

EXISTING LAW:

EL Article 11 provides for the adoption and implementation of the State Energy Conservation Construction Code. Executive Law Article 18 provides for the adoption and implementation of the Uniform Code.

LEGISLATIVE HISTORY:

This is a new bill.

STATEMENT IN SUPPORT

Energy efficiency is a core component of the State's '45 by 15' clean energy goal, established by Governor Paterson in 2009, to have 45 percent of the State's electricity needs met with clean energy by 2015. Promoting energy efficiency, including the energy efficiency in our buildings, reduces electricity consumption which has been shown to put downward pressure on wholesale electricity rates and reduce greenhouse gas emissions that contribute to climate change. By updating the Energy Law to require equivalent or greater energy savings as provided by the IECC and ASHRAE, this bill would increase energy efficiency and cost savings in new buildings and additions and alterations to existing buildings, thereby advancing our '45 by 15' goal.

Moreover, the New York State Energy Plan identifies energy efficiency as the State's priority resource for meeting its energy needs. Energy efficiency improvements in buildings are among the most cost effective clean energy investments, reducing energy use and the associated carbon emissions that would have otherwise been generated, along with reducing energy bills for the consumer. Investments in energy efficiency also increase the State's energy independence and can create jobs. Because buildings have relatively long useful lives, energy efficiency choices made during construction or renovation can have long term impacts on the energy use of the building. Therefore, improving the minimum efficiency level of buildings can result in significant energy reductions over the life of the structure and, therefore, significant cost savings.

Additionally, ARRA provides that certain monies appropriated by the federal government pursuant to ARRA will be available to the U.S. Secretary of Energy ("SOE") for making additional grants to states under Part D of Title III of the Energy Policy and Conservation Act (42 U.S.C. §§ 6321 et seq.), if the governor of a recipient state notifies the SOE in writing that the governor has obtained assurances that, among other things, the recipient state, or the applicable units of local government that have authority to adopt building codes, will implement the following: (I1 a building energy code for residential buildings that meets or exceeds the most recently published IEEC, or achieves equivalent or greater energy savings; (2) a building energy code for commercial buildings throughout the state that meets or exceeds ASHRAE 90.1-2007, or achieves equivalent or greater energy savings; and (3) a plan for the state achieving compliance with such building energy codes within 8 years of the date of enactment of ARRA in at least 90% of new and renovated residential and commercial building space, which includes active training and enforcement programs and measurement of the rate of compliance each year.

This bill would allow the State of New York to meet its obligations under ARRA and, at the same time, achieve greater energy efficiency and savings in buildings throughout the State.

BUDGET IMPLICATIONS:

This bill would have no impact on the State budget because amendments to the Code are a continuing budgeted obligation of the agencies.

EFFECTIVE DATE:

This bill would take effect January 1, 2011. The Council and Secretary of State would be authorized and directed, prior to the effective date, to adopt regulations they deem necessary to implement the act.


Text

STATE OF NEW YORK ________________________________________________________________________ 12 Third Extraordinary Session IN SENATE December 3, 2010 ___________
Introduced by C0MMITTEE ON RULES -- (at request of the Governor) -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the energy law and the executive law, in relation to updating the state energy conservation construction code to address the requirements of the American Recovery and Reinvestment Act of 2009 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 11-102 of the energy law, as added by chapter 397 of the laws of 1978, subdivision 3 as amended, subdivisions 4, 5, 6 and 7 as renumbered and subdivisions 8 and 9 as added by chapter 516 of the laws of 1984, is amended to read as follows: S 11-102. Definitions. For the purposes of this article, the follow- ing words and phrases shall have the following meanings unless a differ- ent meaning is plainly required by the context: 1. "ADDITION." AN EXTENSION OR INCREASE IN THE CONDITIONED SPACE FLOOR AREA OR HEIGHT OF ANY BUILDING. 2. "ALTERATION." ANY RENOVATION, RECONSTRUCTION OR RENEWAL OF OR TO AN EXISTING BUILDING, OR PORTION THEREOF, OTHER THAN AN ADDITION. THE WORD "ALTERATION" SHALL INCLUDE ANY CHANGE IN EQUIPMENT THAT INVOLVES AN EXTENSION, ADDITION OR CHANGE TO THE ARRANGEMENT, TYPE OR PURPOSE OF THE ORIGINAL INSTALLATION. 3. "ASHRAE 90.1-2007." ANSI/ASHRAE/IESNA STANDARD 90.1-2007, ENTITLED "ENERGY STANDARDS FOR BUILDINGS EXCEPT LOW-RISE RESIDENTIAL BUILDINGS," PUBLISHED BY AMERICAN SOCIETY OF HEATING, REFRIGERATING AND AIR-CONDI- TIONING ENGINEERS, INC. 4. "Building." Any [combination of materials, whether portable or fixed, having a roof to form a structure which is heated or cooled in the normal course affording shelter for persons, animals or property, including any equipment therein, provided however that the term "build- ing" shall not include any structure which is heated and cooled without
the use of electricity or fossil fuel. The word "building" shall include "factory manufactured homes" as defined in section four hundred-c of article eighteen-B of the executive law]
STRUCTURE USED OR INTENDED FOR SUPPORTING OR SHELTERING ANY USE OR OCCUPANCY OR FOR AFFORDING SHELTER TO PERSONS, ANIMALS OR PROPERTY, INCLUDING ANY EQUIPMENT THEREIN. [2.] 5. "Code." The state energy conservation construction code provided for in this article, or any portion thereof, any modification of or amendments thereto. [3. "Construction." The construction of a new building, or any addi- tion to, or substantial renovation of, an existing building. 4.] 6. "COMMERCIAL BUILDING." ANY BUILDING THAT IS NOT A RESIDENTIAL BUILDING. 7. "CONDITIONED SPACE." AN AREA OR ROOM WHICH IS WITHIN A BUILDING AND WHICH IS (A) BEING HEATED OR COOLED, (B) CONTAINS UNINSULATED DUCTS, OR (C) HAS A FIXED OPENING DIRECTLY INTO AN ADJACENT CONDITIONED SPACE. 8. "Equipment." Plumbing, heating, electrical, LIGHTING, insulating, ventilating, air conditioning, and refrigerating equipment, elevators, escalators, and other mechanical additions or installations but does not include any items constituting an industrial or commercial process. [5.] 9. "HISTORIC BUILDING." ANY BUILDING THAT IS (A) LISTED ON THE NATIONAL REGISTER OF HISTORIC PLACES OR ON THE STATE REGISTER OF HISTOR- IC PLACES, (B) DETERMINED BY THE COMMISSIONER OF PARKS, RECREATION AND HISTORIC PRESERVATION TO BE ELIGIBLE FOR LISTING ON THE STATE REGISTER OF HISTORIC PLACES, (C) DETERMINED BY THE COMMISSIONER OF PARKS, RECRE- ATION AND HISTORIC PRESERVATION TO BE A CONTRIBUTING BUILDING TO AN HISTORIC DISTRICT THAT IS LISTED OR ELIGIBLE FOR LISTING ON THE STATE OR NATIONAL REGISTERS OF HISTORIC PLACES, OR (D) OTHERWISE DEFINED AS AN HISTORIC BUILDING IN REGULATIONS ADOPTED BY THE STATE FIRE PREVENTION AND BUILDING CODE COUNCIL. 10. "IECC" OR "INTERNATIONAL ENERGY CONSERVATION CODE." THE INTERNA- TIONAL ENERGY CONSERVATION CODE, PUBLISHED BY INTERNATIONAL CODE COUN- CIL, INC. 11. "LOCAL GOVERNMENT." ANY VILLAGE, TOWN (OUTSIDE THE AREA OF ANY INCORPORATED VILLAGE) OR CITY. 12. "Municipality." Any county, city, town, village, school district or district corporation. [6.] 13. "Owner." The owner or owners of the freehold of a premises or any lesser estate therein, a mortgagee or vendee in possession, a contract vendee, assignee of rents, receiver, executor, trustee, lessee, or any other person, firm or corporation in control of a building. [7.] 14. "Residential BUILDING." Any building which is designed or is to be used primarily as a dwelling or household AS DEFINED BY THE STATE FIRE PREVENTION AND BUILDING CODE COUNCIL, INCLUDING ANY FACTORY MANU- FACTURED HOME AS DEFINED IN SUBDIVISION EIGHT OF SECTION THREE HUNDRED SEVENTY-TWO OF THE EXECUTIVE LAW AND ANY MOBILE HOME AS DEFINED IN SUBDIVISION THIRTEEN OF SECTION THREE HUNDRED SEVENTY-TWO OF THE EXECU- TIVE LAW. [8. "Substantial renovation." The alteration of any existing building in which more than fifty percent of any building subsystem is replaced. 9. "Subsystem." A building assembly made up of various components which serve a specific function, including but not limited to exterior walls, roof and ceiling, floors, lighting, piping, ductwork, and equip- ment as defined in subdivision four of this section.] 15. "UNIFORM CODE." THE NEW YORK STATE UNIFORM FIRE PREVENTION AND BUILDING CODE ADOPTED, AND AS MAY BE AMENDED, PURSUANT TO ARTICLE EIGH- TEEN OF THE EXECUTIVE LAW.
S 2. Subdivision 1 of section 11-103 of the energy law, as amended by chapter 292 of the laws of 1998, is amended to read as follows: 1. (a) [The code relating to the construction of all buildings, or classes of buildings in the state, for purposes of minimizing the consumption of energy and providing for the efficient utilization of the energy expended in the use and occupancy of buildings is continued. Such code shall be at least equal to the standards specified in standard 90-75 of the American Society of Heating, Refrigerating and Air Condi- tioning Engineers, Inc., entitled "Energy Conservation in New Building Design", known hereafter as ASHRAE Standard 90-75; and to the reference standards upon which the ASHRAE Standard 90-75 is based; provided howev- er, that in addition any portion of the code which applies to residen- tial construction shall be at least equivalent to the requirements set forth in the public service commission opinions, PSC 76-16 (C) dated May fifteenth and sixteenth, nineteen hundred seventy-seven, and appendices thereto. The code shall apply to all buildings for which application for a building permit is made and plans are filed in this state on or after January first, nineteen hundred seventy-nine, which date shall be the effective date of the code. (b) The rules and regulations relating specifically to the substantial renovation of all buildings, or classes of buildings in the state, for purposes of minimizing the consumption of energy and providing for the efficient utilization of the energy expended in the use and occupancy of such buildings are continued. Such rules and regulations shall apply only to that portion of a building subsystem or subsystems which is replaced; provided that fifty percent or more of such building subsystem or subsystems is replaced.] THE STATE ENERGY CONSERVATION CONSTRUCTION CODE ADOPTED BY THE STATE FIRE PREVENTION AND BUILDING CODE COUNCIL AND CONSISTING OF A BUILDING ENERGY CODE FOR RESIDENTIAL BUILDINGS THROUGH- OUT THE STATE AND A BUILDING ENERGY CODE FOR COMMERCIAL BUILDINGS THROUGHOUT THE STATE IS CONTINUED UNTIL AMENDED OR A NEW CODE IS ADOPTED AND EFFECTIVE. (B) THE CODE SHALL APPLY TO THE CONSTRUCTION OF ANY NEW BUILDING. THE CODE SHALL ALSO APPLY TO AN ADDITION TO, AND ALTERATION OF, ANY EXISTING BUILDING OR BUILDING SYSTEM; PROVIDED, HOWEVER, THAT THE CODE SHALL NOT BE INTERPRETED TO REQUIRE ANY UNALTERED PORTION OF THE EXISTING BUILDING OR BUILDING SYSTEM TO COMPLY WITH THE CODE. THE CODE SHALL NOT APPLY TO THE FOLLOWING PROVIDED THAT THE ENERGY USE OF THE BUILDING IS NOT INCREASED: (1) STORM WINDOWS INSTALLED OVER EXISTING FENESTRATION; (2) GLASS ONLY REPLACEMENTS IN AN EXISTING SASH AND FRAME; (3) EXISTING CEILING, WALL OR FLOOR CAVITIES EXPOSED DURING CONSTRUCTION PROVIDED THAT THESE CAVITIES ARE FILLED WITH INSULATION; (4) CONSTRUCTION WHERE THE EXISTING ROOF, WALL OR FLOOR CAVITY IS NOT EXPOSED; (5) REROOFING FOR ROOFS WHERE NEITHER THE SHEATHING NOR THE INSULATION IS EXPOSED; ROOFS WITHOUT INSULATION IN THE CAVITY AND WHERE THE SHEATH- ING OR INSULATION IS EXPOSED DURING REROOFING SHALL BE INSULATED EITHER ABOVE OR BELOW THE SHEATHING; (6) REPLACEMENT OF EXISTING DOORS THAT SEPARATE CONDITIONED SPACE FROM THE EXTERIOR SHALL NOT REQUIRE THE INSTALLATION OF A VESTIBULE OR REVOLVING DOOR, PROVIDED, HOWEVER, THAT AN EXISTING VESTIBULE THAT SEPA- RATES SUCH CONDITIONED SPACE FROM THE EXTERIOR SHALL NOT BE REMOVED; (7) ALTERATIONS THAT REPLACE LESS THAN FIFTY PERCENT OF THE LUMINAIRES IN A SPACE, PROVIDED THAT SUCH ALTERATIONS DO NOT INCREASE THE INSTALLED INTERIOR LIGHTING POWER;
(8) ALTERATIONS THAT REPLACE ONLY THE BULB AND BALLAST WITHIN THE EXISTING LUMINAIRES IN A SPACE PROVIDED THAT THE ALTERATION DOES NOT INCREASE THE INSTALLED INTERIOR LIGHTING POWER; AND (9) ANY OTHER EXCEPTION ADOPTED BY THE STATE FIRE PREVENTION AND BUILDING CODE COUNCIL PROVIDED THAT SUCH EXCEPTION WILL NOT PREVENT THE ATTAINMENT OF THE COMPLIANCE GOALS SET FORTH IN SECTION 410(2)(C) OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009. S 3. Subdivision 2 of section 11-103 of the energy law, as amended by chapter 292 of the laws of 1998, is amended to read as follows: 2. The state fire prevention and building code council is authorized, from time to time as it deems appropriate and consistent with the purposes of this article, to review and amend the code, OR ADOPT A NEW CODE, through rules and regulations provided that the code remains cost effective with respect to building construction in the state. [The] IN DETERMINING WHETHER THE CODE REMAINS COST EFFECTIVE, THE code COUNCIL shall [be deemed cost effective if] CONSIDER WHETHER the cost of materi- als and their installation to meet its standards would be equal to or less than the present value of energy savings that could be expected over a ten year period in the building in which such materials are installed. FOR RESIDENTIAL BUILDINGS, THE CODE SHALL MEET OR EXCEED THE THEN MOST RECENTLY PUBLISHED INTERNATIONAL ENERGY CONSERVATION CODE, OR ACHIEVE EQUIVALENT OR GREATER ENERGY SAVINGS; AND FOR COMMERCIAL BUILD- INGS, THE CODE SHALL MEET OR EXCEED ASHRAE 90.1-2007, OR ACHIEVE EQUIV- ALENT OR GREATER ENERGY SAVINGS. S 4. Subdivision 5 of section 11-104 of the energy law, as added by chapter 516 of the laws of 1984, is amended to read as follows: 5. The code shall exempt from such uniform standards and requirements [property that is listed on the national register of historic places, property that is listed on the state register of historic places or property that is determined to be eligible for listing on the state register by the commissioner of parks, recreation and historic preserva- tion] ANY HISTORIC BUILDING AS DEFINED IN SECTION 11-102 OF THIS ARTICLE. S 5. Section 11-105 of the energy law, as amended by chapter 292 of the laws of 1998, is amended to read as follows: S 11-105. Limitation of application. Notwithstanding the provisions of subdivision one of section 11-103 of this article, the state fire prevention and building code council, by regulation, may limit the application of any portion of the code so as to include or exclude classes or types of buildings, according to the use thereof or the cost effectiveness of the code with respect to any such class or type of building, or according to any other distinction as may make differen- tiation or separate classification or regulation necessary, proper or desirable, [so long as any] PROVIDED HOWEVER, THAT such limitation: (1) is consistent with the purposes of this article and the criteria set forth in section 11-104 of this article, (2) DOES NOT RENDER THE CODE INCONSISTENT WITH THE ENERGY SAVINGS REQUIREMENTS OF SUBDIVISION TWO OF SECTION 11-103 OF THIS ARTICLE, AND (3) WHETHER CONSIDERED INDIVIDUALLY OR COLLECTIVELY WITH OTHER LIMITATIONS, WILL NOT PREVENT THE ATTAINMENT OF THE COMPLIANCE GOALS SET FORTH IN SECTION 410(2)(C) OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009. S 6. Section 11-107 of the energy law, as amended by chapter 517 of the laws of 1984, is amended to read as follows: S 11-107. Administration and enforcement. Except as otherwise [expressly provided herein] PROVIDED IN REGULATIONS ADOPTED PURSUANT TO SECTION THREE HUNDRED EIGHTY-ONE OF THE EXECUTIVE LAW, the adminis-
tration and enforcement of the provisions of the code [within any muni- cipality] WITH RESPECT TO ANY BUILDING shall be the responsibility of that governmental entity which is responsible for the administration and enforcement of the provisions of the [building construction code or the] UNIFORM CODE OR OTHER APPLICABLE fire prevention and building construction code [applicable within such municipality] WITH RESPECT TO SUCH BUILDING. The code shall be administered and enforced in the manner prescribed by applicable local law or ordinance [or the] CONSIST- ENT WITH THE STANDARDS AND procedures adopted pursuant to section three hundred eighty-one of the executive law [for the administration and enforcement of the state uniform fire prevention and building construction code]. S 7. Subdivision 1 of section 11-108 of the energy law, as amended by chapter 516 of the laws of 1984, is amended to read as follows: 1. Any person having been served with an order TO REMEDY A VIOLATION OF THE CODE pursuant to the provisions of any local law or ordinance, or the procedures adopted pursuant to section three hundred eighty-one of the executive law [for the administration and enforcement of the state uniform fire prevention and building construction code], who shall fail to comply with such order within thirty days after such service or with- in the time fixed by such order for compliance, whichever is greater, and any owner, builder, architect, engineer, contractor or subcontractor taking part or assisting in the construction or use of any building who shall knowingly violate any applicable provisions of the code or any lawful order of the governmental entity responsible for the adminis- tration and enforcement thereof shall be punishable by a fine of not more than [five hundred] ONE THOUSAND dollars or by imprisonment of not more than thirty days in jail, or both. S 8. Section 11-109 of the energy law, as added by chapter 397 of the laws of 1978, subdivision 1 as amended by chapter 516 of the laws of 1984 and subdivision 2 as amended by chapter 292 of the laws of 1998, is amended to read as follows: S 11-109. Municipal regulations. 1. Nothing in this article shall be construed as abrogating or impairing the power of any municipality or the secretary of state to enforce the provisions of any local building regulations or the state uniform fire prevention and building [construction] code, provided that such local building regulations are not inconsistent with the code. Nor shall anything in this article be construed as abrogating or impairing the power of any municipality to promulgate a local energy conservation construction code more stringent than the code, INCLUDING BUT NOT LIMITED TO REQUIREMENTS FOR MANDATORY ENERGY EFFICIENCY TESTING AND RATINGS. 2. Any municipality which adopts a local energy conservation construction code in accordance with this section shall file a copy of such code and any amendments or revisions thereof with the state fire prevention and building code council within thirty days after promulga- tion or adoption of such LOCAL code[,] OR ANY amendments or revisions THEREOF. [The failure to comply with the provisions of this subdivision shall not impair or otherwise affect the validity of such local code or amendment or revision] IF THE MUNICIPALITY FILES SUCH COPY WITHIN SUCH THIRTY DAY TIME PERIOD, THE MUNICIPALITY MAY ENFORCE SUCH LOCAL CODE, AMENDMENT OR REVISION UNTIL AND UNLESS THE STATE FIRE PREVENTION AND BUILDING CODE COUNCIL SHALL DETERMINE THAT SUCH LOCAL CODE, AMENDMENT OR REVISION IS NOT MORE RESTRICTIVE THAN THE CODE. IF THE MUNICIPALITY FAILS TO FILE SUCH COPY WITHIN SUCH THIRTY DAY TIME PERIOD, THE MUNICI- PALITY MAY NOT ENFORCE SUCH LOCAL CODE, AMENDMENT OR REVISION UNTIL AND
UNLESS THE STATE FIRE PREVENTION AND BUILDING CODE COUNCIL SHALL DETER- MINE THAT SUCH LOCAL CODE, AMENDMENT OR REVISION IS MORE RESTRICTIVE THAN THE CODE. S 9 Subdivision 2 of section 11-110 of the energy law, as amended by chapter 292 of the laws of 1998, is amended to read as follows: 2. Agencies and municipalities of the state shall provide the secre- tary of state with such cooperation and assistance as he OR SHE may deem necessary to carry out the purposes of this article. S 10. The section heading and subdivisions 1 and 2 of section 381 of the executive law, as added by chapter 707 of the laws of 1981 and the closing paragraph of subdivision 1 as amended by chapter 159 of the laws of 2007, are amended to read as follows: Administration and enforcement of the New York state uniform fire prevention and building code AND THE NEW YORK STATE ENERGY CONSERVATION CONSTRUCTION CODE. 1. The secretary shall promulgate rules and regu- lations prescribing minimum standards for administration and enforcement of the uniform fire prevention and building code promulgated in accord- ance with sections three hundred seventy-seven and three hundred seven- ty-eight of this article AND THE STATE ENERGY CONSERVATION CONSTRUCTION CODE ADOPTED IN ACCORDANCE WITH ARTICLE ELEVEN OF THE ENERGY LAW. Such rules and regulations shall become effective not later than the first day of January, nineteen hundred eighty-five. The secretary shall promulgate such regulations after public hearing and after considering reaction to initial administration and enforcement of the uniform build- ing and fire prevention code, including how local governments have organized to provide for such initial administration and enforcement. Such rules and regulations shall address the nature and quality of enforcement and shall include, but not be limited to the following: a. frequency of MANDATORY inspections FOR COMPLIANCE WITH THE UNIFORM CODE AND THE STATE ENERGY CONSERVATION CONSTRUCTION CODE, b. number and qualifications of staff, including requirements that inspectors be certified pursuant to this chapter, c. required minimum fees for administration and enforcement, d. adequacy of inspections, e. adequacy of means for insuring compliance with the uniform code AND THE STATE ENERGY CONSERVATION CONSTRUCTION CODE, INCLUDING PROVISIONS INTENDED TO ACHIEVE COMPLIANCE WITH THE STATE ENERGY CONSERVATION CONSTRUCTION CODE CONSISTENT WITH THE COMPLIANCE GOALS SET FORTH IN SECTION 410(2)(C) OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009, f. establishment of a procedure whereby any provision or requirement of the uniform code may be varied or modified in cases where strict compliance with such provision or requirement would entail practical difficulties or unnecessary hardship or would otherwise be unwarranted. Such procedure shall be designed to insure that any such variance or modification shall not substantially affect adversely provisions for health, safety and security, and that equally safe and proper alterna- tives may be prescribed. Requests for a variance shall be resolved with- in sixty days of the date of application unless a longer period is required for good cause shown, [and] g. procedures for inspection of certain classes of buildings based upon design, construction, ownership, occupancy or use, including, but not limited to, mobile homes, factory manufactured homes and state-owned buildings[.], H. MINIMUM BASIC TRAINING AND IN-SERVICE TRAINING REQUIREMENTS FOR PERSONNEL CHARGED WITH ADMINISTRATION AND ENFORCEMENT OF THE STATE ENER- GY CONSERVATION CONSTRUCTION CODE; AND
I. STANDARDS AND PROCEDURES FOR MEASURING THE RATE OF COMPLIANCE WITH THE STATE ENERGY CONSERVATION CONSTRUCTION CODE, AND PROVISIONS REQUIR- ING THAT SUCH RATE OF COMPLIANCE BE MEASURED ON AN ANNUAL BASIS. Nothing in the rules shall require or be construed to require regular, periodic inspections of (A) owner-occupied one and two-family dwellings, or (B) agricultural buildings used directly and solely for agricultural purposes, provided, however that this shall not be a limitation on inspections conducted at the invitation of the owner or where conditions on the premises threaten or present a hazard to public health, safety, or welfare. 2. Except as may be provided in regulations of the secretary pursuant to subdivision one of this section, every local government shall admin- ister and enforce the uniform fire prevention and building code AND THE STATE ENERGY CONSERVATION CONSTRUCTION CODE on and after the first day of January, nineteen hundred eighty-four, provided, however, that a local government may enact a local law prior to the first day of July in any year providing that it will not enforce [the uniform code] SUCH CODES on and after the first day of January next succeeding. In such event the county in which said local government is situated shall admin- ister and enforce [the uniform code] SUCH CODES within such local government from and after the first day of January next succeeding the effective date of such local law, in accordance with the provisions of paragraph b of subdivision five of this section unless the county shall have enacted a local law providing that it will not enforce [the uniform code] SUCH CODES within that county. In such event the secretary in the place and stead of the local government shall, directly or by contract, administer and enforce the uniform code AND THE STATE ENERGY CONSERVA- TION CONSTRUCTION CODE. A local government or a county may repeal a local law which provides that it will not enforce [the uniform code] SUCH CODES and shall thereafter administer and enforce [the uniform code] SUCH CODES as provided above. [Local] TWO OR MORE LOCAL govern- ments may provide for joint administration and enforcement OF THE UNIFORM CODE, THE STATE ENERGY CONSERVATION CONSTRUCTION CODE, OR BOTH, by agreement pursuant to article five-G of the general municipal law. Any local government may enter into agreement with the county in which such local government is situated to administer and enforce the uniform code, THE STATE ENERGY CONSERVATION CONSTRUCTION CODE, OR BOTH, within such local government. Local governments or counties may charge fees to defray the costs of administration and enforcement. S 11. This act shall take effect January 1, 2011; provided, however, that the state fire prevention and building code council and the secre- tary of state are authorized and directed to adopt such regulations as deemed necessary and proper to implement this act, prior to such effec- tive date.

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