LL85 Energy Code for Alterations

Local Law 85 of 2009 (New York City Energy Conservation Code; N.Y.C. Admin. Code Title 28, Chapter 10, Article 1001, § 28-1001.1 et seq.)

Local Law 85 of 2009 added Chapter 10 (Article 1001) to Title 28 of the NYC Administrative Code, exercising the municipality's authority under section 11-109 of the NY State Energy Law to adopt a New York City Energy Conservation Code (NYCECC) at least as stringent as the State Energy Conservation Construction Code. It eliminated the State code's "50% rule" — which exempted alterations replacing less than half of a building system or subsystem — by adopting NYC amendment § 101.4.4 requiring all additions, alterations, renovations, and repairs to an existing building or building system to conform to the code as it applies to new construction (subject only to narrow exceptions such as storm windows). The revised definition of "system" expressly covers lighting, insulation, HVAC, envelope (exterior walls, windows, doors, roofs), and other components, and the law imposes no minimum square-footage threshold; it took effect July 1, 2010 and applies to applications for construction document approval filed with the Department of Buildings on or after that date.