[HISTORY: Adopted by the Town Board of the Town of North
Salem 2-8-2022 by L.L. No. 1-2022.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law was originally adopted as Ch.
151 but was renumbered to maintain the organizational structure of
the Code.
A.
The New York State Energy Conservation Construction Code (hereinafter
referred to as the "State Energy Code") is adopted by the State Fire
Prevention and Building Code Council (hereinafter referred to as the
"Code Council") pursuant to Article 11 of the Energy Law.
B.
The State Energy Code includes the provisions contained in Part 1240
of Title 19 of the New York Codes, Rules and Regulations (hereinafter
referred to as "Part 1240") and the publications incorporated by reference
in Part 1240.
C.
The publications currently incorporated by reference in Part 1240
include, but are not limited to, the 2020 edition of the Energy Conservation
Construction Code of New York State (hereinafter referred to as the
"2020 ECCCNYS") and the 2016 edition of ASHRAE 90.1 (hereinafter referred
to as "ASHRAE 90.1-2016").
D.
The 2020 ECCCNYS is based on the 2018 edition of a publication entitled
"International Energy Conservation Code" (hereinafter referred to
as the "2018 IECC").
E.
The New York State Energy Research and Development Authority (hereinafter
referred to as "NYSERDA") has issued a publication entitled "NYStretch
Energy Code 2020, Version 1.0," dated July 2019 (hereinafter referred
to as "NYStretch"). NYStretch modifies (i.e., amends, replaces, replaces
and renames, or adds to) certain sections, certain tables, and a certain
appendix in the 2018 IECC; adds certain sections, certain tables,
and certain appendices to the 2018 IECC; modifies (i.e., adds to,
amends, or replaces) certain sections and certain tables in ASHRAE
90.1-2016; and adds certain new sections to ASHRAE 90.1-2016.
F.
Studies commissioned by NYSERDA indicate that modifying the State
Energy Code in the manner contemplated by NYStretch can result in
significant savings in energy usage and energy costs.
G.
Article 11 of the Energy Law authorizes municipalities to adopt local
energy conservation construction codes that are more stringent than
the State Energy Code.
H.
The Town of North Salem desires to adopt as its local energy conservation
construction code the State Energy Code as modified in the manner
contemplated by NYStretch.
A.
The Town of North Salem hereby adopts, as its local energy conservation
construction code, the State Energy Code as modified in the manner
contemplated by NYStretch. Such local energy conservation construction
code shall consist of the provisions currently set forth in Part 1240
and in the publications currently incorporated by reference in Part
1240; provided, however, that the 2020 ECCCNYS and ASHRAE 90.1-2016
shall be deemed to be modified as follows:
(1)
In each case where a section, table, or appendix in the 2018 IECC
is modified by NYStretch, the corresponding section, table, or appendix
in the 2020 ECCCNYS shall be deemed to be modified in the same manner;
(2)
In each case where a section, table or appendix is added to the 2018
IECC by NYStretch, such section, table, or appendix shall be deemed
to be added to the 2020 ECCCNYS, subject to the following exception:
Section R403.6.2, which is added to the 2018 IECC by Section 3.11
of NYStretch, shall not be deemed to be added to the 2020 ECCCNYS;
(3)
Each section or table in ASHRAE 90.1-2016 that is modified by NYStretch
shall be deemed to be so modified; and
(4)
Each section added to ASHRAE 90.1-2016 by NYStretch shall be deemed
to be added to ASHRAE 90.1-2016.
The local energy conservation construction code, as hereby adopted,
shall be applicable to all buildings constructed, substantially renovated,
or altered in the Town of North Salem on or after the effective date
of this chapter and to all additions to buildings in the Town of North
Salem made on or after the effective date of this chapter. However,
pursuant to Energy Law § 11-109, Subdivision 2:
A.
If a copy of this chapter is filed with the New York State Department
of State, Division of Building Standards and Codes, as Secretariat
for the Code Council, within 30 days after adoption of this chapter,
and if the Code Council shall substantially determine that the local
energy conservation construction code as hereby adopted is not more
restrictive than the State Energy Code, then on and after the date
of such determination the local energy conservation construction code
as hereby adopted shall no longer be enforced and the State Energy
Code shall be applicable and shall be enforced in the Town of North
Salem; and
B.
If a copy of this chapter is not filed with the New York State Department
of State, Division of Building Standards and Codes, as Secretariat
for the Code Council, within 30 days after adoption of this chapter,
then the local energy conservation construction code as hereby adopted
shall not be enforceable until and unless the Code Council shall determine
that such local energy conservation construction code is more restrictive
than the State Energy Code, and until and unless the Code Council
shall make such determination the State Energy Code shall be applicable
and shall be enforced in the Town of North Salem.
If any section, subsection, subdivision, paragraph, clause or
phrase in this chapter, or any part thereof, is for any reason held
to be invalid or unconstitutional, such decision shall not affect
the validity of the remaining sections or portions of this chapter,
or any part thereof. The Town Board hereby declares that it would
have passed each section, subsection, subdivision, paragraph, sentence,
clause, or phrase of this chapter, irrespective of the fact that one
or more sections, subsections, subdivisions, paragraphs, sentences,
clauses, or phrases may be declared invalid or unconstitutional.
This chapter is adopted pursuant to Energy Law § 11-109,
Subdivision 1, and Municipal Home Rule Law § 10.
This chapter shall take effect upon filing with the Secretary
of State pursuant to the Municipal Home Rule Law.
