[Adopted 2-2-2021 by L.L. No. 2-2021[1]]
[1]
Editor's Note: This local law also repealed former Art. I, Residential Construction, adopted 2-21-2012 by L.L. No. 2-2012.
This article shall be known and may be cited as the "Bedford Energy Code."
[Amended 4-6-2021 by L.L. No. 4-2021]
Effective for all building permit applications submitted on or after March 1, 2021, the NYStretch Energy Code 2020, (hereafter referred to as "NYStretch") published by the New York State Energy Research and Development Authority (hereafter referred to as "NYSERDA"), shall be applicable to all new construction, substantial renovations, alterations and additions, required by the 2020 ECCCNYS as amended by NYStretch in the Town of Bedford unless superseded by more restrictive provisions adopted herein by the Town of Bedford or by New York State.
For the purpose of this article, the following words and terms shall be deemed to have the meanings herein given to them:
RESIDENTIAL BUILDING
A. 
As defined by the ECCCNYS, includes:
(1) 
Detached one-family dwellings having not more than three stories above grade plane;
(2) 
Detached two-family dwellings having not more than three stories above grade plane;
(3) 
Buildings that (i) consist of three or more attached townhouse units and (ii) have not more than three stories above grade plane;
(4) 
Buildings that (i) are classified in accordance with Chapter 3 of the Building Code of New York State in Group R-2, R-3 or R-4 and (ii) have not more than three stories above grade plane;
(5) 
Factory manufactured homes (i.e., "modular") as defined in Section 372(8) of the New York State Executive Law);
B. 
For the purposes of this definition of the term "residential building," the term "townhouse unit" means a single-family dwelling unit constructed in a group of three or more attached units in which each unit extends from the foundation to roof; has open space on at least two sides; has a separate means of egress; and is three stories or less in height.
STANDARD RENOVATED RESIDENTIAL BUILDING
An existing residential building as defined in by the ECCCNYS for which a building permit application is submitted for the proposed demolition, addition, (or a combination thereof) of less than 100% of the existing thermal envelope.
SUBSTANTIAL RENOVATED RESIDENTIAL BUILDING
An existing residential building as defined by the ECCCNYS for which a building permit application is submitted which proposes to demolish, add to, (or a combination thereof) an equal or greater amount of 100% of the existing thermal envelope.
THERMAL ENVELOPE
Components of a home (which may include ceilings, walls, windows, doors, floors and foundation) that separate the conditioned space from unconditioned spaces, ambient conditions or outdoors.
A. 
Commercial compliance path. The Bedford Energy Code shall require one of the following compliance paths for new commercial construction:
(1) 
ASHRAE 90.1 2016 Prescriptive Path - (Sections 5 through 10, as amended by NYStretch) plus section C408 (commissioning) of the NYS Energy Code (as amended by NYStretch) and Appendix CC if mandated by local ordinance (Additional power distribution system packages), as demonstrated by the use of the US-DOE COMcheck™ software, developed by a New York State licensed engineer or architect, or other trusted energy professional as deemed acceptable by the Building Inspector;
(2) 
ASHRAE 90.1 2016 Energy Cost Budget Method - (Section 11, as amended by NYStretch) plus Section C408 (commissioning) of the NYS Energy Code (as amended by NYStretch), and Appendix CC if mandated by local ordinance (additional power distribution system packages). For this compliance path option, the permit applicant must utilize a third-party agent to conduct plan reviews and site inspections for the project, and the owner, builder or developer shall bear the cost for such 3rd party reviews. These reviews and site inspections shall be conducted by a New York State licensed and certified engineer or architect, or other suitable energy code specialist deemed acceptable by the Building Inspector;
(3) 
ASHRAE 90.1 2016 Appendix G, Performance Rating Method - (as amended by NYStretch) Section C408 (commissioning) of the NYS Energy Code (as amended by NYStretch), and Appendix CC if mandated by local ordinance (additional power distribution system packages). For this compliance path option, the permit applicant must utilize a third-party agent to conduct plan reviews and site inspections for the project, and the owner, builder or developer shall bear the cost for such third-party reviews. These reviews and site inspections shall be conducted by a New York State licensed and certified engineer or architect, or other suitable energy code specialist deemed acceptable by the Building Inspector; or
(4) 
2020 Energy Conservation Construction Code (NYS Energy Code), Prescriptive Path - (Sections C402 through C406 and C408, as amended by NYStretch) and Appendix CC if mandated by local ordinance (additional power distribution system packages), as demonstrated by the use of the US-DOE COMcheck™ software, developed by a New York State licensed engineer or architect, or other trusted energy professional.
B. 
Residential compliance path. The Bedford Energy Code shall require the ERI Path - Section (R406) for New Residential Buildings and Substantial Renovated Residential Buildings.
If any provision of this article shall be in conflict with any other law of the State of New York, the provision of the more restrictive state law shall apply.