N.Y. Energy Law Section 11-102

For the purposes of this article, the following words and phrases shall have the following meanings unless a different meaning is plainly required by the context:


“Addition.” An extension or increase in the conditioned space floor area or height of any building.


“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.


“ASHRAE 90.1.” ANSI/ASHRAE/IES Standard 90.1, entitled “Energy Standard for Buildings Except Low-Rise Residential Buildings,” published by American Society of Heating, Refrigerating and Air-Conditioning Engineers, Inc.


“Building.” Any 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.


“Code.” The state energy conservation construction code provided for in this article, or any portion thereof, any modification of or amendments thereto.


“Commercial building.” Any building that is not a residential building.


“Conditioned space.” An area or room which is within a building and which is (a) being heated or cooled, (b) contains uninsulated ducts, or


has a fixed opening directly into an adjacent conditioned space.


“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.


“Historic building.” Any building that is one or more of the following:


listed, or certified as eligible for listing, on the national register of historic places or on the state register of historic places, (b) designated as historic under an applicable state or local law, or


certified as a contributing resource within a national register-listed, state register-listed, or locally designated historic district.


“IECC” or “International Energy Conservation Code.” The International Energy Conservation Code, published by International Code Council, Inc.


“Life-cycle cost.” An estimate of the total cost of acquisition, operation, maintenance, and construction of any energy system within or related to a building over the design life of the building. “Life-cycle cost” includes, but is not limited to, the cost of fuel, materials, machinery, ancillary devices, labor, service, replacement, and repairs.


“Local government.” Any village, town (outside the area of any incorporated village) or city.


“Municipality.” Any county, city, town, village, school district or district corporation.


“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.


“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 manufactured home as defined in subdivision eight of Executive Law § 372 (Definitions)section three hundred seventy-two of the executive law and any mobile home as defined in subdivision thirteen of Executive Law § 372 (Definitions)section three hundred seventy-two of the executive law.


“Uniform code.” The New York state uniform fire prevention and building code adopted, and as may be amended, pursuant to article eighteen of the executive law.

Source: Section 11-102 — Definitions, https://www.­nysenate.­gov/legislation/laws/ENG/11-102 (updated Jul. 8, 2022; accessed Nov. 25, 2023).

Nov. 25, 2023

Last modified:
Jul. 8, 2022

§ 11-102’s source at nysenate​.gov

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