# NY Residential Code(s)



## klmArchitect (Apr 12, 2011)

Up until now I've been referencing the 2007 and now the *2010 Residential Code of New York State*.  Recently a client brought to my attention a section from *The International Residential Code® (IRC®) (2009) *.  Now I'm wondering which I should be using.  I'm quite sure the 2010 Residential Code of New York State will suffice, it has since I've been in practice, but when should we refer to the International Residential Code, if at all.  Thanks


----------



## TimNY (Apr 12, 2011)

You would not refer to the International Codes for anything.

The only codes applicable in New York are the New York codes.  You are using the correct version.

Since the NY code (with the exception of energy) is based on the 2006 International Codes, it's sometimes helpful to see what has changed by looking at the 2009 International Codes.  Beyond that.. they aren't enforceable.


----------



## klmArchitect (Apr 12, 2011)

Thanks TimNY,

However that's the issue, it's the Building Inspector that's referencing the International Code (Energy Code) and it's effecting my usual ResCheck routine.  Even in the IRC I don't see anything negating ResCheck software.  I've spoken with a knowledgeable gentleman at the State Dept. and he said the Inspector is off base but I do respect this Inspector and want to comply, but not if he's incorrectly stating codes.


----------



## TimNY (Apr 12, 2011)

When you submit your REScheck it should state "2010 New York Energy Conservation.." at the top next to "Energy Code:"

Can you elaborate on what the specific issue is?


----------



## MarkRandall (Apr 12, 2011)

If the International code (energy portion) is not adopted, let the inspector know he is referencing a code that is not adopted and show him how your meeting the current code. If this inpector is good which I assume he is to get your respect, he'll most likely back down. He can't enforce something that isn't adopted and he'll understand that.


----------



## JBI (Apr 12, 2011)

klmA, Tim and your friend in DOS are correct. Without more specifics it's hard to offer much more than that. Have you suggested getting a formal interpretation from Albany? Or called the Regional Office in Kingston for guidance? The only problem (if it really is one) is that the older versions of ResCheck don't meet some of the new requirements for software as detailed in the new NYSECCC (and no, I don't remember exactly what req's).


----------



## klmArchitect (Apr 12, 2011)

Unfortunately Bob Smith is on Vacation.  My Rescheck does in fact say "2010 New York Energy Conservation.."  I've done several of these in this town and can't see why it's an issue now.  His concern is in the IRC, somewhere, it states there is no allowance for the Trade-Off method using high-performance heating equipment.  Not that I even used the Heating equipment in my ResCheck.


----------



## klmArchitect (Apr 12, 2011)

MarkRandall said:
			
		

> If the International code (energy portion) is not adopted....


How do I determine if it's adopted or not.  Having never referenced it in the past 13 years I'm guessing it's not but.....


----------



## TimNY (Apr 12, 2011)

This is where the authority comes from: NYCRR Part 1240

EDIT:  Just realized they haven't updated Westlaw.. Here is a PDF from DOS (complete with typo... they must have cut-n-paste from the Existing Building Code.. it shouldn't say 'Existing Building Code' in the PDF)


----------



## klmArchitect (Apr 12, 2011)

I found what the inspector was referencing (see quoted text below), now to determine why he's referencing the IRC2009.

" The current state code requires ducts to be sealed but not to a specific leakage rate verified by testing as

is required in the 2009 IECC (if any ducts are outside the building envelope).

 50% of the lighting “lamps” (bulbs, tubes, etc.) in a building have to be high efficacy in the 2009 IECC;

the 2004/2006 IECC has no lighting requirement. Compact fluorescents qualify, standard incandescent

bulbs do not.

 *Trade-off credit can no longer be obtained for high efficiency HVAC equipment in the 2009 IECC. For*

*example, if a high efficiency furnace is used, no reduction in wall insulation is allowed. (This will have*

*a substantial impact on the flexibility allowed by the REScheckTM software and other energy*

*performance analysis tools.)*

 A number of thermal envelope"


----------



## TimNY (Apr 12, 2011)

klm I do recall hearing that.. I believe at the 2010 update class.. But I would have to guess that the tradeoff will not be allowed in the software if you are using 2010 ECCNYS as the Energy Code.  Haven't looked to see if the option is there (I think maybe you can select the type, but it doesn't produce any tradeoff?)

Either way, if you're using the 2010 ECCNYS in REScheck, and you're not listing a high-efficiency furnace.. I don't really see the problem.  Are you allowed to use REScheck at all?  Or he is saying you can't use REScheck?

Worst case use the Total-UA alternative (ECCNYS 402.1.4), which will yield the same result, but without the software.

Also see section 101.5.1 of the ECCNYS.


----------



## klmArchitect (Apr 12, 2011)

Funny thing is, I didn't even input a mechanical system in my ResCheck since as you correctly stated, it wont allow it in the program.  I'll be highlighting this when he calls me back tomorrow but for my own personal knowledge, I'm wondering if he should even be looking at the IRC2009.


----------



## TimNY (Apr 12, 2011)

I find it sometimes helps to look at the International Codes to figure out stuff, so I won't say he shouldn't be _looking_ at it.  However, the International Codes shouldn't be enforced.

The thing is.. in this scenario, it doesn't matter.  I mean, try using the 2009 IECC as the code and you should get the same results.


----------



## klmArchitect (Apr 12, 2011)

Agreed, but he's saying ResCheck can't be used at all, and is mandating R-49 in the roof.  Basically enforcing the prescriptive method.


----------



## FredK (Apr 12, 2011)

There's a new version of ResCheck out it's called Version 4.4.1.

Got that info yesterday at a training class for the IECC.  And they mentioned that trade-offs aren't allowed under the "new code 09".  Will be even more restrictive under the 12 version.


----------



## klmArchitect (Apr 12, 2011)

I've been using the 4.4.1 for a while now, at least a month or two and where houses were passing by 15% or so with the old software, similar houses are now only passing by 1-2% in 4.4.1.  Still though, when is IRC recognized and when is the NY Residential Code recognized?


----------



## JBI (Apr 12, 2011)

In New York State, the Codes of New York State are in full force and effect. New York State has not adopted ANY of the I-Codes without modification. I am not aware of any jurisdictions in NYS adopting, and getting approval from the NYSDOS for adopting, any of the I-Codes. He is correct that the trade-offs are no longer allowed, that 50% of lighting has to be low efficacy, etc. but the citation needs to be from the NYSECCC, NOT the IECCC.


----------



## klmArchitect (Apr 12, 2011)

Much appreciated guys/gals.   I'll politely ask him why he's referencing a non-adopted code.

Thank you.


----------



## JBI (Apr 12, 2011)

And check your private messages...


----------

