[Added 11-18-2008 by L.L. No. 12-2008; amended 10-23-2012 by L.L. No. 14-2012]
It is the intent of the Town Board to protect the public health,
safety and welfare of its residents by mandating that new one- and
two-family dwellings, single-family attached units (townhouses), and
multiple-family residences of less than five units achieve minimum
energy conservation performance, as verified through diagnostic testing
conducted by independent, certified professional raters. This will
ensure that the dwellings will use considerably less energy than if
built to prevailing building standards. Compliance with this section
shall be required in addition to compliance with current standards
outlined in the Energy Conservation Construction Code of the State
of New York (the Energy Code).
A.
Any new one- and two-family dwelling, single-family attached units
(townhouses), and multiple-family residences of less than five units
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).
B.
The energy conservation requirements must be satisfied by achieving
a rating of 70 or less on the Home Energy Rating System (HERS) Index
as defined in the 2006 Mortgage Industry National Home Energy Rating
System Standards promulgated by the Residential Energy Services Network
(RESNET).
C.
In addition to demonstrating compliance with the standard set forth in Subsection B above, prior to issuance of a 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) at a rate
required by the 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
the Building Performance Institute, as tested by a building analyst
certified by the Building Performance Institute, or equivalently trained
analyst approved by the Commissioner.
D.
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 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 BTU or BTU per square foot of
conditioned space as defined by the current Residential Code of New
York State.
E.
Prior to the issuance of a certificate of occupancy for any subject dwelling which is granted a building permit after the effective date of this measure, 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.
(4)
The subject dwelling complies with the air sealing and insulation
requirements of the current New York State Energy Conservation Construction
Code for residential construction.
(5)
Ducts within the subject dwelling have been subjected to an HVAC
duct leakage test in accordance with the requirements of the 2006
Mortgage Industry National Home Energy Rating System (RESNET Standard),
and the system has a leakage rate to outside no greater than 0.06
cfm for each square foot of conditioned floor space as measured in
accordance with ANSI Standard Z765-2003 with exceptions as specified
in Appendix A of the RESNET Standard. For homes with multiple systems,
the aggregate leakage of all installed duct systems will be no greater
than the maximum allowable rate as calculated by the formula above.
(6)
All equipment within the residence has been sized in accordance with
ACCA Manual J or as otherwise permitted by the current New York State
Energy Conservation Construction Code for residential construction.
(7)
All HVAC ducts not completely inside the subject dwelling's thermal
envelope are insulated to a minimum of R-6 or as otherwise required
by the current New York State Energy Conservation Construction Code
for residential construction.
(8)
A permanent certificate has been affixed on or in the electrical
distribution panel in accordance with the current New York State Energy
Conservation Construction Code for residential construction, which
includes the building's HERS Index.
F.
Prior to the issuance of a certificate of occupancy for any subject
dwelling which was granted a building permit prior to the effective
date of this measure, the applicant shall provide evidence that the
subject dwelling complies with all aspects of the LIPA ENERGY STAR®
Homes 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.
G.
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.
H.
The Commissioner 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 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. Raters may be removed from
the approved list by the Commissioner for cause.
A.
The applicant must submit the results of field tests conducted by
a certified HERS rater. A list of certified HERS raters may be obtained
from the Department of Buildings. Applicants shall notify the Building
Inspector at least 48 hours prior to conducting any field test.
B.
The testing and verification requirement may be waived by the Commissioner
of Buildings upon the receipt of certification by the certified HERS
rater that no testing or verification protocol and procedure can be
applied accurately in a particular building configuration.
C.
The Town personnel retain the right to be present at any HERS inspection
or to conduct any HERS test or any portion of said test as part of
the Building Department inspection and certification process and/or
for auditing and control purposes.
D.
The Building Department retains the right to reject certification
based on the Commissioner's, or any of his designees' (i.e., all management
and inspection personnel's), information and belief that any portion
of the HERS test was incomplete, incorrect, insufficient or untimely.
The Building Department retains the right to perform repeat inspections
as needed, as determined by Building Department personnel. The Town
of North Hempstead is not responsible for any costs associated with
the HERS testing, inspection, and/or certification process.
No certificate of occupancy may be issued for any dwelling subject
to the requirements of this article that does not comply with the
requirements and specifications contained herein.
