§ 16-4.1. Energy conservation requirements., Chapter 16. Building Construction Administration, Code of Ordinances, Brookhaven

Any new single-family dwelling, multiple-family dwelling, Planned Retirement Community (PRC) or Planned Retirement Congregate Housing Community (PRCHC) as defined in § 85-1, in buildings containing four units or less, not more than three stories in height, with a separate means of egress for each dwelling, minimum of one heating facility for each four dwelling units and a separate primary electric meter for each dwelling unit, including townhouses (hereinafter “subject dwelling”), shall be built to achieve minimum energy conservation performance as verified by the Home Energy Rating System (HERS) promulgated by the Residential Energy Service Network (RESNET).

The energy conservation requirements must be satisfied by achieving a minimum rating of 70 or lower on the current expanded Home Energy Rating System (HERS) Index as defined in the 2006 Mortgage Industry National Home Energy Rating Systems Standards promulgated by (RESNET).

In addition to demonstrating compliance with the energy performance standard set forth in Subsection B above, prior to issuance of certificate of occupancy, the subject dwelling must comply with the following additional requirements:

(1)

Include a tamper-resistant, automatically controlled mechanical ventilation system that provides whole house ventilation (dilution air) as required by the American Society of Heating, Refrigerating and Air Conditioning Engineers (ASHRAE) 62.2 standard most recently published at the time the most recent building permit was issued; and

(2)

Comply with the Combustion Safety Testing Standards promulgated by RESNET, the Building Performance Institute, or other organization approved by the Commissioner; testing is to be performed by an individual who has completed appropriate training as approved by the Commissioner; and

(3)

Heating, ventilation and air conditioning (HVAC) ducts in the subject dwelling shall be subject to an HVAC duct leakage test as defined in Section 403.2.2 of the ECCCNYS and achieve the following criteria: post-construction test leakage to outdoors shall be less than or equal to six cfm @ 25Pa per 100 ft of conditioned floor area; rough-in test leakage shall be less than or equal to four cfm @ 25Pa per 100 ft of conditioned floor area.

Prior to the issuance of a building permit for any new subject dwelling, the applicant shall certify compliance with energy conservation requirements by submitting a New York State HERS compliance certificate from an independent certified HERS rater, architect or professional engineer (PE) indicating that the building was designed to meet the required HERS Index of 70. Said certificate must indicate compliance with the current version of the Energy Conservation Construction Code of New York State (ECCCNYS) based on source energy expressed in energy costs or BTU or BTU per square foot of conditioned space as defined by Section N1101.4.1 of the Residential Code of New York State.

Prior to the issuance of a certificate of occupancy for any subject dwelling which is granted a building permit after August 1, 2011, the applicant shall be required to demonstrate compliance with Subsections B and C of this section by submitting a final HERS rating performed by a RESNET-certified HERS rater. The HERS rater shall attest that the subject dwelling complies with the following requirements:

(1)

Achieves a rating of 70 or lower on the HERS Index.

(2)

Meets the ventilation requirements of Subsection C(1) of this section.

(3)

Passes combustion safety testing required by Subsection C(2) of this section.

(4)

The subject dwelling complies with both Section 402.4.2.1 and Section 402.4.2.2 of the New York State Energy Conservation Construction Code.

(5)

Ducts within the subject dwelling have been subjected to an HVAC duct leakage test and achieved the standards required by Subsection C(3) of this section.

(6)

An ACCA Manual J has been performed for the subject dwelling as defined in Section 403.6 of the Energy Conservation Construction Code of New York State.

(7)

All HVAC ducts not completely inside the subject dwelling’s thermal envelope are insulated as required by Section 405.2 of the ECCCNYS.

(8)

A permanent certificate, which includes the building’s HERS Index, in a format approved by the Commissioner, has been affixed on or in the electrical distribution panel.

Prior to the issuance of a certificate of occupancy for any subject dwelling which was granted a building permit prior to August 1, 2011, the applicant shall provide evidence that the subject dwelling complies with all aspects of the LIPA ENERGY STAR Homes Version 2 Program, using either the Home Energy Rating System (HERS) or Builder Option Package method. Prior to issuance of a certificate of occupancy, all field verification and testing requirements of that program shall be met.

Commending on January 1, 2012, prior to the issuance of a building permit for any new subject dwelling for which a building permit has been previously issued and for which construction has not progressed beyond the foundation, the applicant shall comply with Subsection D of this section. Prior to issuance of a certificate of occupancy, the subject dwelling shall comply with Subsection E of this section.

The Commissioner of Planning, Environment and Land Management shall establish requirements for HERS raters practicing in the Town to provide proof of certification, insurance, experience and independence, and shall maintain a list of approved raters that have provided this information and filed other required information with the Commissioner. The Commissioner shall establish rules to limit conflicts of interest in the HERS rating of subject dwellings. No HERS rater may provide the documentation required by Subsection D or E of this section, unless he or she complies with the filing and conflict of interest requirements established by the Commissioner and is currently on the list of approved raters. HERS raters may be removed from the list of approved raters by the Commissioner for cause.