Section 1240.3 of Title 19 of the Official Compilation of Codes, Rules and Regulations of the State of New York is amended to read as follows:

1240.3 Amendments made by and to the 2016 Energy Code supplement.

(a) For the purposes of applying the 2015 IECC commercial provisions, the 2015 IECC residential provisions, and ASHRAE 90.1-2013 in New York State:

[(a)] (1) the 2015 IECC commercial provisions shall be deemed to be amended in the manner provided in part 1 of the 2016 Energy Code supplement;

[(b)] (2) ASHRAE 90.1-2013 shall be deemed to be amended in the manner provided in part 2 of the 2016 Energy Code supplement; and

[(c)] (3) the 2015 IECC residential provisions shall be deemed to be amended in the manner provided in part 3 of the 2016 Energy Code supplement.

Subdivision (c) of section 1240.4 of Title 19 of the Official Compilation of Codes, Rules and Regulations of the State of New York is amended by adding a new paragraph (9) to read as follows:

(9) New York State Department of State. The following publication published by the New York State Department of State is incorporated herein by reference: 2017 Uniform Code Supplement (publication date: July 2017). Copies of the 2017 Uniform Code Supplement may be obtained from the publisher at the following address: New York State Department of State, Division of Building Standards and Codes, One Commerce Plaza, 99 Washington Avenue, Suite 1160, Albany, NY 12231-0001. The 2017 Uniform Code Supplement is available for public inspection and copying at the Office of the New York State Department of State located at One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231-0001.

Subdivision (b) of section 1240.5 of Title 19 of the Official Compilation of Codes, Rules and Regulations of the State of New York is amended by adding a new paragraph (7) to read as follows:

(7) New York State Department of State. The following publication published by the New York State Department of State is incorporated herein by reference: 2017 Uniform Code Supplement (publication date: July 2017). Copies of the 2017 Uniform Code Supplement may be obtained from the publisher at the following address: New York State Department of State, Division of Building Standards and Codes, One Commerce Plaza, 99 Washington Avenue, Suite 1160, Albany, NY 12231-0001. The 2017 Uniform Code Supplement is available for public inspection and copying at the Office of the New York State Department of State located at One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231-0001.

The Department of State has determined that the changes made to the last published rule are non-substantive and do not necessitate a revision of the original Regulatory Impact Statement published in the Notice of Proposed Rule Making.

Those changes made to the rule are summarized as follows:

Part 1240 of Title 19 NYCRR was changed to update the date that the 2017 Supplement was published from March to July. Changes were made throughout the 2017 Uniform Code Supplement to clarify certain code language and to delete duplicative code language. The majority of the changes were to Chapter 11 of the 2015 International Residential Code (IRC).

The legally binding provisions of the State Energy Conservation Construction Code (Energy Code) are as set forth in 19 NYCRR Part 1240, and consist, primarily, of the 2015 International Energy Conservation Code (IECC) and ASHRAE 90.1-203, as amended by the 2016 Supplement to the New York State Energy Conservation Construction Code (Revised August 2016) (ECS). Chapter 11 of the 2015 IRC, as amended by the 2017 Uniform Code Supplement, is intended to be a restatement of the provisions of the Energy Code applicable to residential buildings. However, in the event of a conflict between provisions of Part 1240 and the provisions in Chapter 11, the provisions of Part 1240 will control. To address any discrepancies, the 2017 Uniform Code Supplement has been revised to align the Chapter 11 provisions with the corresponding provisions of the IECC/ECS.

The Department of State has determined that the changes made to the last published rule are non-substantive and do not necessitate a revision of the original Regulatory Flexibility Analysis for Small Businesses and Local Governments published in the Notice of Proposed Rule Making.

The changes made to the previously published rule text provide clarification as to the application of the proposed text and do not alter or increase any effect of the rule upon small businesses or local governments.

19 NYCRR Part 1240 (“Part 1240”) and the publications incorporated by reference in Part 1240 constitute the State Energy Conservation Construction Code (the “Energy Code”) promulgated pursuant to Article 11 of the Energy Law. The amended and updated version of the Energy Code that became effective on October 3, 2016 incorporated by reference the 2015 edition of the International Energy Conservation Construction Code (the “2015 IECC”) published by the International Code Council, Inc. and the 2013 edition of the Energy Standard for Building Except Low-Rise Residential Buildings (“ASHRAE 90.1-2013”) published by the American Society of Heating, Refrigeration and Air-Conditioning Engineers, Inc. Under the amended and updated version of the Energy Code, certain provisions of the 2015 IECC and certain provisions of ASHRAE 90.1-2013 are deemed to be amended in the manner provided in the publication entitled 2016 Supplement to the New York State Energy Conservation Construction Code (revised August 2016) (the “2016 Energy Code Supplement”).

The 2016 Energy Code Supplement includes a number of references to the 2016 Uniform Code Supplement. This rule amends and updates the Uniform Code by replacing the 2016 Uniform Code Supplement with a new publication entitled the 2017 Uniform Code Supplement. The State Fire Prevention and Building Code Council (the “Code Council”) voted to adopt and approve this rule to amend and update the Uniform Code at a meeting held on July 13, 2017.

This rule amends Part 1240 so that references in Part 1240 to provisions in the prior version of the Uniform Code are changed to refer to the corresponding provisions in the updated version of the Uniform Code. Particularly, this rule amends Part 1240 so that all references in the 2016 Energy Code Supplement to the 2016 Uniform Code Supplement are deemed to be references to the 2017 Uniform Code Supplement. The rule also amends the 2016 Energy Code by incorporating by reference the 2017 Uniform Code Supplement.

This rule makes no substantive changes to Part 1240.

Small businesses and local governments that are currently subject to Part 1240 will continue to be subject to Part 1240 as amended by this rule.

The Department of State has determined that the changes made to the last published rule are non-substantive and do not necessitate a revisions of the original Rural Area Flexibility Analysis published in the Notice of Proposed Rule Making.

The changes made to the previously published rule text provide clarification as to the application of the proposed text and do not alter or increase any effect of the rule upon rural areas in New York State.

19 NYCRR Part 1240 (“Part 1240”) and the publications incorporated by reference in Part 1240 constitute the State Energy Conservation Construction Code (the “Energy Code”) promulgated pursuant to Article 11 of the Energy Law. The amended and updated version of the Energy Code that became effective on October 3, 2016 incorporated by reference the 2015 edition of the International Energy Conservation Construction Code (the “2015 IECC”) published by the International Code Council, Inc. and the 2013 edition of the Energy Standard for Building Except Low-Rise Residential Buildings (“ASHRAE 90.1-2013”) published by the American Society of Heating, Refrigeration and Air-Conditioning Engineers, Inc. Under the amended and updated version of the Energy Code, certain provisions of the 2015 IECC and certain provisions of ASHRAE 90.1-2013 are deemed to be amended in the manner provided in the publication entitled 2016 Supplement to the New York State Energy Conservation Construction Code (revised August 2016) (the “2016 Energy Code Supplement”).

The 2016 Energy Code Supplement includes a number of references to the 2016 Uniform Code Supplement. This rule amends and updates the Uniform Code by replacing the 2016 Uniform Code Supplement with a new publication entitled the 2017 Uniform Code Supplement. The State Fire Prevention and Building Code Council (the “Code Council”) voted to adopt and approve this rule to amend and update the Uniform Code at a meeting held on July 13, 2017.

This rule amends Part 1240 so that references in Part 1240 to provisions in the prior version of the Uniform Code are changed to refer to the corresponding provisions in the updated version of the Uniform Code. Particularly, this rule amends Part 1240 so that all references in the 2016 Energy Code Supplement to the 2016 Uniform Code Supplement are deemed to be references to the 2017 Uniform Code Supplement. The rule also amends the 2016 Energy Code by incorporating by reference the 2017 Uniform Code Supplement.

This rule makes no substantive changes to Part 1240.

Since Part 1240 applies in all rural areas of the State, and since this rule amends Part 1240, this rule will apply in all rural areas of the State.

The Department of State has determined that the changes made to the last published rule are non-substantive and do not necessitate a revision of the original Job Impact Statement published in the Notice of Proposed Rule Making.

The changes made to the previously published rule text provide clarification as to the application of the proposed text and will not have a substantial adverse impact on jobs and employment opportunities in New York State.

19 NYCRR Part 1240 (“Part 1240”) and the publications incorporated by reference in Part 1240 constitute the State Energy Conservation Construction Code (the “Energy Code”) promulgated pursuant to Article 11 of the Energy Law. The amended and updated version of the Energy Code that became effective on October 3, 2016 incorporated by reference the 2015 edition of the International Energy Conservation Construction Code (the “2015 IECC”) published by the International Code Council, Inc. and the 2013 edition of the Energy Standard for Building Except Low-Rise Residential Buildings (“ASHRAE 90.1-2013”) published by the American Society of Heating, Refrigeration and Air-Conditioning Engineers, Inc. Under the amended and updated version of the Energy Code, certain provisions of the 2015 IECC and certain provisions of ASHRAE 90.1-2013 are deemed to be amended in the manner provided in the publication entitled 2016 Supplement to the New York State Energy Conservation Construction Code (revised August 2016) (the “2016 Energy Code Supplement”).

The 2016 Energy Code Supplement includes a number of references to the 2016 Uniform Code Supplement. This rule amends and updates the Uniform Code by replacing the 2016 Uniform Code Supplement with a new publication entitled the 2017 Uniform Code Supplement. The State Fire Prevention and Building Code Council (the “Code Council”) voted to adopt and approve this rule to amend and update the Uniform Code at a meeting held on July 13, 2017.

This rule amends Part 1240 so that references in Part 1240 to provisions in the prior version of the Uniform Code are changed to refer to the corresponding provisions in the updated version of the Uniform Code. Particularly, this rule amends Part 1240 so that all references in the 2016 Energy Code Supplement to the 2016 Uniform Code Supplement are deemed to be references to the 2017 Uniform Code Supplement. The rule also amends the 2016 Energy Code by incorporating by reference the 2017 Uniform Code Supplement.

As a rule that requires a RFA, RAFA or JIS, this rule will be initially reviewed in the calendar year 2020, which is no later than the 3rd year after the year in which this rule is being adopted.

The Proposed Rule Making was published in the State Register on April 5, 2017. A public hearing was held on May 22, 2017. The Department of State (DOS) received the comments described below. Where identical or substantially similar comments were received from more than one commenter, those comments are discussed in one consolidated statement below.

Summary and Analysis of Issues Raised and Significant Alternatives Suggested by Comments, and Reasons Why any Significant Alternatives were not incorporated into the Rule.

COMMENT 1: Several comments were received requesting deletion of Item 3.8 of the 2016 Supplement to the New York State Energy Conservation Construction Code (Revised August 2016) (“2016 Energy Code Supplement”) which added an “Option 2” in the prescriptive table (Table R402.1.2) of the 2015 International Energy Conservation Code (IECC) which allows a reduction in insulation as a trade-off for improved fenestration U-value in climate zone 6. The commenters stated that “Option 2” is inconsistent with the 2015 IECC, it is not necessary as the IECC already provides several means of demonstrating compliance that provide extensive flexibility for builders, not technically justified possibly leading to less efficient residential buildings, and a similar proposal was rejected by the Code Development Committee for the 2018 IECC because it was found to be confusing. The commenters also stated that “Option 2” would seem to open up the IECC to additional requests for product-specific exceptions in the prescriptive path.

RESPONSE TO COMMENT 1: The purpose of this rule was to amend the 2017 Uniform Code Supplement and to amend Part 1240 to the extent that references to the 2016 Uniform Code Supplement should be references to the 2017 Uniform Code Supplement. No changes were made to the 2016 Energy Code Supplement by this rule. However, the DOS will continue to research the above topic and determine if the requested modifications can be accommodated at a future code update.

COMMENT 2: Several comments noted discrepancies between the Residential Provisions of the 2015 IECC, as amended by the 2016 Energy Code Supplement, and Chapter 11 of the 2015 International Residential Code (IRC), as amended by proposed the 2017 Uniform Code Supplement. For example, the requirements for insulation values and fenestration by component, and the provisions of section R501.4 of the 2015 IECC, as amended by the 2016 Energy Code Supplement, differ from the corresponding provisions in Chapter 11 of the 2015 IRC, as amended by proposed the 2017 Uniform Code Supplement.

RESPONSE TO COMMENT 2: The legally binding provisions of the Energy Code are as set forth in 19 NYCRR Part 1240, and consist, primarily, of the 2015 IECC and ASHRAE 90.1-2013, as amended by the 2016 Energy Code Supplement. Chapter 11 of the 2015 IRC, as amended by the 2017 Uniform Code Supplement, is intended to be a restatement of the provisions of the Energy Code applicable to residential buildings. However, in the event of a conflict between the provisions of Part 1240 and the provisions in Chapter 11, the provisions of Part 1240 will control. DOS agrees that discrepancies should be corrected, to reduce confusion. Therefore, the 2017 Uniform Code Supplement has been revised to align the Chapter 11 provisions cited in the comments with the corresponding provisions in the 2015 IECC, as amended by the 2016 Energy Code Supplement.

COMMENT 3: The 2015 IECC Commercial Provisions Section C405.6 mandates that each dwelling unit located in a Group R-2 building shall have a separate electrical meter. There was a similar requirement for monitoring electrical energy consumption, in buildings having individual dwelling units, in the 2010 RCNYS Section N1101.10. There is no similar requirement in the 2015 IRC, the 2015 IECC Residential Provisions, nor in the 2016 UCS or the 2017 Draft UCS.

RESPONSE TO COMMENT 3: When the Code Council amended the entire Energy Code in 2016, the Code Council determined that it would adopt the 2015 IECC with only those changes that were (1) required by NYS law or (2) deemed by the Code Council to be necessary in NYS. The 2015 IECC requires separate meters in buildings in Occupancy Group R-2, but not in buildings in Occupancy Groups R-1 or R-3 nor in buildings that are subject to the 2015 IRC. When the Code Council adopted the 2016 version of the Energy Code, the Code Council elected not to change the 2015 IECC’s requirements for separate metering. The Energy Code-related rule now being adopted is intended only to make those changes to Part 1240 that are necessary to change Part 1240’s references to a publication that was part of the Uniform Code (the 2016 Uniform Code Supplement) to references to the new publication (the 2017 Uniform Code Supplement) that will now be part of the Uniform Code pursuant to a separate rule making. This comment requests a substantive change to the Energy Code, which would be beyond the intended scope of the Energy Code-related rule now being adopted. Any substantive change, such as that requested by this comment, would have to be considered as part of a new, separate rule making, and would require consideration of issues, such as anticipated pay-back periods, as prescribed in Article 11 of the Energy Law.

COMMENT 4: The 2015 IRC, the 2015 IECC, and the 2016 Energy Code Supplement mandate that blower door testing shall be performed to verify compliance with mandatory air leakage requirements. The 2016 Energy Code Supplement amends the definition of “Residential Building” to include factory manufactured homes and mobile homes. The 2016 UCS and the 2017 Draft UCS Section 101.2.1.4 mandate that Factory Manufactured Homes (Modular Homes) shall be constructed and installed in accordance with the requirements of the 2015 IRC and shall bear an Insignia of Approval issued in accordance with the 19 NYCRR Part 1209, Regulations and Fees for Factory Manufactured Homes. The 2016 Energy Code Supplement (Revised August 2016) Section R402.4.1.2 mandates that the building (including factory manufactured homes and mobile homes, according to the definition for building) or dwelling unit shall be tested and verified as having an air leakage rate not exceeding three air changes per hour. Testing shall be conducted in accordance with ASTM E 779 or ASTM E 1827 and reported at a pressure of 0.2 inch w.g. (50 Pascals). Testing shall be performed at any time after creation of all penetrations of the building thermal envelope. QUESTION: Can the manufacturer issue that insignia if the blower door test is not performed with satisfactory results? Is the factory required to conduct the blower door test at the time of manufacture of the factory manufactured home, or does the local code official have the right to require blower door testing of the factory manufactured home once it is installed on the project site?

RESPONSE TO COMMENT 4:

The insignia of approval only demonstrates that the work performed in the factory meets code requirements; it does not certify to all requirements of the Uniform Code. The DOS believes that the issue raised by this comment does not require a change to this rule or to the Energy Code, but may better be addressed by a technical bulletin or similar guidance to be issued by the DOS. No change will be made to this rule in response to this comment.

Description of Changes Made in the Rule

This rule will amend Part 1240 of Title 19 NYCRR. Part 1240 incorporates by reference a publication entitled “2017 Uniform Code Supplement” (hereinafter referred to as the “2017 Supplement”). Non-substantive changes were made to the following subdivisions of Part 1240, as originally proposed.

Changes to Title 19 NYCRR Part 1240

The following changes were made to the amendment to Part 1240 of Title 19 NYCRR. The changes update the date that the 2017 Supplement was published from March to July.

Part 1240, Section 1240.2(t): The publication date of the publication entitled “2017 Uniform Code Supplement” has been changed from March 2017 to July 2017.

Part 1240, Section 1240.4(c)(9): The publication date of the publication entitled “2017 Uniform Code Supplement” has been changed from March 2017 to July 2017.

Part 1240, Section 1240.5(b)(7): The publication date of the publication entitled “2017 Uniform Code Supplement” has been changed from March 2017 to July 2017.

Changes to the 2017 Supplement

Changes to Chapter 2

The legally binding provisions of the Energy Code are as set forth in 19 NYCRR Part 1240, and consist, primarily, of the 2015 IECC and ASHRAE 90.1-2013, as amended by the 2016 Energy Code Supplement. Chapter 11 of the 2015 IRC, as amended by the 2017 Uniform Code Supplement, is intended to be a restatement of the provisions of the Energy Code applicable to residential buildings. However, in the event of a conflict between the provisions of Part 1240 and the provisions in Chapter 11, the provisions of Part 1240 will control. To address any discrepancies, the 2017 Uniform Code Supplement has been revised to align the Chapter 11 provisions with the corresponding provisions of the 2015 IECC, as amended by the 2016 Energy Code Supplement, as described herein. These modifications include:

1. New exceptions 2 and 3 to IRC Section N1101.1 (old Item 2.28);

2. New Sections N1101.3.1, N1101.3.1.1, and N1101.3.1.1.1 (new Item 2.27);

3. Amendments to the terms “building thermal envelope”, “conditioned space”, “ERI reference design”, and “historic building” and a new definition of the term “air-impermeable insulation have been added to N1101.6 (New Item 2.28);

4. An amendment to Section N1102.1 (New Item 2.29);

5. An amendment to Section N1102.1.2 (New Item 2.30);

6. An amendment to Table N1102.1.2 (New Item 2.31);

7. An amendment to Section N1102.4 (New Item 2.32);

8. An amendment to Section N1102.4.1.2 (New Item 2.33);

9. The addition of new Sections N1102.4.1.3 and N1102.4.1.3.1 (New Item 2.34);

10. An amendment to Section N1102.4.2 (New Item 2.35);

11. The addition of a new Section N1102.4.6 (New Item 2.36);

12. An amendment to Section N1103.10.3 (New Item 2.37);

13. An amendment to Section N1103.12 (New Item 2.38);

14. An amendment to Section N1107.4 (New Item 2.39); and

15. An amendment to Section N1107.6 (New Item 2.40).