[Added 5-5-2021 by Ord. No. 2021-02[1]]
[1]
Editor's Note: This ordinance also renumbered former Art. VII, Penalties, consisting of §§ 146-50 through 146-52, as Art. VIII, consisting of §§ 146-59 through 146-61, respectively.
[Amended 11-19-2025 by Ord. No. 2025-10]
A. 
This article shall be known and cited as the "Establishment and Implementation of the Ithaca Energy Code Supplement." The purpose and intent of this article is to establish a green building code for all new construction, certain additions, and major renovations, as specified and defined in this article, of any buildings, structures, or premises, regardless of use or occupancy with requirements above and beyond the state energy code. The requirements set forth give priority to electrification, renewable energy, and affordability.
B. 
The intent of this article is to:
(1) 
Deliver measurable and immediate reductions in greenhouse gas emissions from new buildings, major renovations, and new additions;
(2) 
Advance best practices in the design of affordable buildings to deliver reduced greenhouse gas emissions; and
(3) 
Provide a rapid but orderly transition to alternative sources of energy, e.g., not fossil fuel based, to supply major building energy needs, such as space heating and hot water heating, by July 1, 2026.
C. 
The regulatory structure set forth in this article and requirements of the article are effective upon enactment. Additional requirements to further reduce greenhouse gas emissions become effective in 2023 and by July 1, 2026.
As used in this article, the following terms shall have the meanings indicated:
ADDITION
An extension or increase in heated floor area, number of stories or height of a building or structure.
BUILDING
Any structure utilized or intended for supporting or sheltering any occupancy.
CONSTRUCTION
Work subject to the provisions of City Code Chapter 146, Building Code Enforcement.
DIRECTOR or DIRECTOR OF PLANNING
Shall refer to the Director of Planning and Development, or where not noted, but in the Director's discretion, may also include the Director's designee.
DIRECTLY HEATED SPACE
An area or room that is enclosed within the building thermal envelope and is directly heated using fossil fuel, electricity, or biomass as the energy source. Spaces are indirectly heated (and not directly heated) where they connect through openings with heated spaces, where they are separated from heated spaces by uninsulated walls, floors or ceilings, or where they contain uninsulated ducts, piping or other sources of heating using fossil fuel, electricity, or biomass.
FINAL APPROVED IECS PLAN
A project's final plan for compliance with the Ithaca Energy Code Supplement, as approved by the Director of Planning or designee.
FLOOR AREA
The total square footage of all levels as measured from the inside finished surface of the walls, but excluding outside courts, unconditioned garages, and uninhabitable crawl spaces and attics.
FOSSIL FUELS
An energy source formed in the Earth's crust from decayed organic material. The common fossil fuels are petroleum, coal, and natural gas. For purposes of this IECS, fossil fuels shall also include common extracts, derivatives, and products of fossil fuels, including but not limited to propane, kerosene, and gasoline.
HEATED FLOOR AREA
The horizontal projection of the floors associated with the heated space.
ITHACA ENERGY CODE SUPPLEMENT
The regulations governing implementation of this article setting forth the point requirements and criteria and compliance paths. Also referred to as the IECS or supplement.
MAJOR RENOVATION
Construction or renovation to an existing structure other than a repair or addition, where the work area exceeds 75% of the floor area, and two or more of the following occur:
A. 
Replacement or new installation of a heating plant or system (e.g., boiler, furnace, or other major system). Changes to ventilation and air conditioning systems are not considered renovations of the heating system.
B. 
Construction that involves disassembly of greater than 50% of the area of the above-grade portion(s) of the building thermal envelope.
C. 
Changes to, including but not limited to new installation, replacement, relocation, or removal of, lamps, lighting, or other illumination fixtures in greater than 50% of the building floor area. Space within a building that is not currently lit, and is not proposed to be lit, shall not count toward the 50% calculation.
PROJECT
Any land use activity or construction which requires a building permit from the Building Division and will result in changes to the physical condition, appearance or type of use, or intensity of use, of property.
RENEWABLE ENERGY CREDIT
A tradable instrument that represents the environmental attributes of one megawatt-hour of renewable electricity generation and is transacted separately from the electricity generated by the renewable energy source. Also known as REC, renewable energy certificate, energy attribute and energy attribute certificate.
RENEWABLE ENERGY SYSTEMS
Includes any energy systems producing electricity from solar, wind, or hydroelectric, or thermal energy from solar, geothermal, or hydrothermal resources, but shall not include systems producing thermal energy absorbed from or rejected to outdoor air/ground/water and used in conjunction with heat pumps.
THERMAL ENVELOPE
The insulated exterior walls (above and below grade), floors, ceilings, roofs, and any other building element assemblies that enclose heated space or provide a boundary between heated space and unheated space.
WORK AREA
That portion or portions of a building consisting of all reconfigured spaces as indicated on the construction documents. Work area excludes other portions of the building where incidental work entailed by the intended work must be performed and portions of the building where work not initially intended by the owner is specifically required by the provisions of state existing building code.
A. 
Application. This article shall apply to the following construction:
(1) 
New construction, excluding additions and major renovations not specified in this section;
(2) 
Additions 500 square feet or larger to one-family dwellings or two-family dwellings;
(3) 
Additions 1,000 square feet or larger to buildings other than one-family dwellings or two-family dwellings; and
(4) 
Major renovations.
B. 
Notwithstanding the provisions of Subsection A above, this article shall not apply to any project or construction that does not include directly heated space.
C. 
Projects or construction subject to this article must comply with the standards and methods of compliance set forth in the Ithaca Energy Code Supplement, which is hereby made a part of this chapter by reference, and as may be updated from time to time. The Ithaca Energy Code Supplement is available on the City's website, and in hardcopy from the Planning Department. Building permit applicants must comply with the most current version at the time of submission of the building permit application.
D. 
Except as specified in this article or in the Ithaca Energy Code Supplement, this article shall not be used to require the removal, alteration or abandonment of, nor prevent the continued use and maintenance of, an existing building or building system lawfully in existence at the time of adoption of this chapter.
A. 
Compliance standards. All buildings, structures or premises must be designed to comply with the New York State Energy Code and the Ithaca Energy Code Supplement, and any other referenced standards, in effect at the time of submission of the building permit application.
B. 
As of the date of submission of the building permit application and based on the type of construction as determined by the Building Division (e.g., commercial or residential), all projects or construction subject to this article must also demonstrate the means by which the project or construction will comply with the applicable standards and methods of compliance set forth in the IECS. Each project must submit documentation with the submission of a building permit application demonstrating the project's proposed compliance with the applicable requirements of the Ithaca Energy Code Supplement.
C. 
The Code Inspector shall review the proposed compliance plan. Upon satisfactory receipt of all documentation and other materials necessary to evaluate the plan and assess its compliance with the IECS, the Code Inspector shall determine whether the plan fulfills the applicable IECS requirements, and if so, approve the IECS plan as final. The final approved IECS plan shall be the basis for evaluating compliance with this article and issuance of certificate(s) of compliance or occupancy and shall be maintained in the Building Division property file.
D. 
Any project using renewable energy credits and/or renewable energy systems to fulfill the compliance requirements established by this article shall have additional document production and record keeping requirements as set forth in the supplement. Production of the required documents or record keeping data, upon the City's inspection request, as well as conformity with the requirements set forth in the final approved IECS plan, shall be considered a basis for evaluating compliance with this article and issuance of certificate(s) of compliance or occupancy.
A. 
Enforcement. The Director of Planning or designee shall be the enforcement official for the Ithaca Energy Code Supplement, responsible for inspection and enforcement of the standards set forth therein. In accordance with such responsibility, the Director or designee shall have the power to stop work or enforce as otherwise authorized in Article II of this chapter for any work not conforming to the Ithaca Energy Code Supplement or being done in a generally careless or hazardous manner.
B. 
Inspection. Compliance with the project's approved building permit and relevant Ithaca Energy Code Supplement provisions shall be periodically inspected for conformance with the final approved IECS plan and building permit, including the maintenance, in accordance with all other certificates, inspections or other approvals required by the City Code or state law. If there is nonconformance, or if any of the final approved IECS plan items are not fulfilled, no certificate of occupancy or certificate of completion shall be issued. Where a property reverts to nonconformance after the issuance of a certificate of occupancy or certificate of completion, current owners shall be notified in writing and given the opportunity to correct the situation. If the Director determines that the corrective measures are inadequate, the City may impose a fine in accordance with § 146-59, Penalties for offenses, for any violations of the provisions of this chapter or of the Ithaca Energy Code Supplement.
C. 
Violations. It shall be a violation of this article to violate any provision or standard of the Ithaca Energy Code Supplement, including specifically, but not limited to, construction without and/or failure to maintain any element required by the project-specific approved IECS plan.
A. 
If compliance with this chapter presents an unreasonable hardship, the applicant may apply for an exemption as set forth in this section. In applying for an exemption, the burden is on the applicant to demonstrate the unreasonable hardship, and that the proposed exemption fulfills alternative energy conservation standards or otherwise achieves to the maximum extent practicable the purposes of this article, reduction of greenhouse gas emissions. Approval or denial of an unreasonable hardship exemption is at the discretion of the Director of Planning. In the Director of Planning's discretion, the exemption application may be referred to the Building Code Board of Appeals for determination or further input on the exemption application. Unreasonable hardship exemptions will only be granted in unusual circumstances based upon a showing of good cause and a determination that the public interest is not substantially prejudiced by the exemption or other compelling circumstances.
B. 
An applicant for an exemption shall publish notice twice in the official newspaper of the City of Ithaca, which notice shall state the relief sought, the applicant's name and the location of the property and that comments may be sent to the City Director of Planning and Development. The Director's decision shall not be made or become effective sooner than ten days from date of the first publication. The applicant is responsible for providing proof of publication.
C. 
The determination of the Director of Planning shall become final ten calendar days after the date of decision unless appealed to the City Building Code Board of Appeals. For construction subject to City Code Chapter 228, Landmarks Preservation, the Director of Planning may, at his or her discretion, refer the request for an unreasonable hardship exemption to the Ithaca Landmarks Preservation Commission for advisory decision to the Director of Planning.
D. 
If the Director of Planning or designee grants an exemption, the Director shall make a determination as to the maximum compliance requirements reasonably achievable for the project and shall confirm the exemption compliance plan, which shall be marked "Approved with Exemption," and maintained with the Building Division property file. The construction shall be subject to the IECS approval and compliance process in this article, based on the final approved with exemption IECS Plan.
A. 
Any determination or interpretation by the Director of Planning or designee concerning the application of the provisions of this article and/or the Ithaca Energy Code Supplement, and any enforcement thereof may be appealed to the Director of Planning within 30 days of the written notification. Any person aggrieved by any decision of the Director may appeal to the Building Code Board of Appeals.
B. 
Any person aggrieved by any decision of the Building Code Board of Appeals may apply to the Supreme Court for review by a proceeding under Article 78 of the Civil Practice Law and Rules.
The Director of Planning or designee is hereby authorized to make minor amendments and non-substantive revisions to the Ithaca Energy Code Supplement as deemed necessary from time to time, which may include clarifications concerning point values or additional point classifications of individual energy criteria. Substantive changes to point values or the classifications or amendments to the phases, as described above, shall require Common Council approval.
If any section, paragraph or provision of this article shall be determined to be invalid, such invalidity shall apply only to the section, paragraph or provision adjudged invalid, and the rest of this article shall remain valid and effective.