[Adopted 2-3-2022 by L.L. No. 2022-001]
A. 
The New York State Energy Conservation Construction Code (hereinafter referred to as the "State Energy Code") is adopted by the State Fire Prevention and Building Code Council (hereinafter referred to as the "Code Council") pursuant to Article 11 of the Energy Law.
B. 
The State Energy Code includes the provisions contained in Part 1240 of Title 19 of the New York Codes, Rules and Regulations ("Part 1240") and the publications incorporated by reference in Part 1240.
C. 
The publications currently incorporated by reference in Part 1240 include, but are not limited to, the 2020 ECCCNYS and the 2016 Edition of ASHRAE 90.1 ("ASHRAE 90.1-2016").
D. 
The 2020 ECCCNYS is based on the 2018 Edition of a publication entitled "International Energy Conservation Code" ("2018 IECC").
E. 
NYSERDA has issued a publication entitled NYStretch Energy Code 2020, Version 1.0, dated July 2019 ("NYStretch"). NYStretch modifies (i.e., amends, replaces, replaces and renames, or adds to) certain sections, certain tables, and a certain appendix in the 2018 IECC; adds certain sections, certain tables, and certain appendices to the 2018 IECC; modifies (i.e., adds to, amends, or replaces) certain sections and certain tables in ASHRAE 90.1-2016; and adds certain new sections to ASHRAE 90.1-2016.
F. 
Studies commissioned by NYSERDA indicate that modifying the State Energy Code in the manner contemplated by NYStretch can result in significant savings in energy usage and energy costs.
G. 
Article 11 of the Energy Law authorizes municipalities to adopt local energy conservation construction codes that are more stringent than the State Energy Code.
H. 
The City of Canandaigua desires to adopt as its local energy conservation construction code the State Energy Code as modified in the manner contemplated by NYStretch.
A. 
The City of Canandaigua hereby adopts, as its local energy conservation construction code, the State Energy Code as modified in the manner contemplated by NYStretch. Such local energy conservation construction code shall consist of the provisions currently set forth in Part 1240 and in the publications currently incorporated by reference in Part 1240; provided, however, that the 2020 ECCCNYS and ASHRAE 90.1-2016 shall be deemed to be modified as follows:
(1) 
In each case where a section, table, or appendix in the 2018 IECC is modified by NYStretch, the corresponding section, table, or appendix in the 2020 ECCCNYS shall be deemed to be modified in the same manner;
(2) 
In each case where a section, table, or appendix is added to the 2018 IECC by NYStretch, such section, table, or appendix shall be deemed to be added to the 2020 ECCCNYS;
(3) 
Each section or table in ASHRAE 90.1-2016 that is modified by NYStretch shall be deemed to be so modified; and
(4) 
Each section added to ASHRAE 90.1-2016 by NYStretch shall be deemed to be added to ASHRAE 90.1-2016.
B. 
A copy of NYStretch is annexed hereto and made part hereof.[1]
[1]
Editor's Note: Said copy is on file in the City offices.
The local energy conservation construction code, as hereby adopted, shall be applicable to all buildings constructed, substantially renovated, or altered in the City of Canandaigua on or after the effective date of this article and to all additions to buildings in the City of Canandaigua made on or after the effective date of this article. However, pursuant to Energy Law § 11-109, Subdivision 2.
A. 
If a copy of this article is filed with the New York State Department of State, Division of Building Standards and Codes, as Secretariat for the Code Council, within 30 days after adoption of this article, and if the Code Council shall subsequently determine that the local energy conservation construction code as hereby adopted is not more restrictive than the State Energy Code, then on and after the date of such determination the local energy conservation construction code as hereby adopted shall no longer be enforced and the State Energy Code shall be applicable and shall be enforced in the City of Canandaigua; and
B. 
If a copy of this article is not filed with the New York State Department of State, Division of Building Standards and Codes, as Secretariat for the Code Council, within 30 days after adoption of this article, then the local energy conservation construction code as hereby adopted shall not be enforceable until and unless the Code Council shall determine that such local energy conservation construction code is more restrictive than the State Energy Code, and until and unless the Code Council shall make such determination the State Energy Code shall be applicable and shall be enforced in the City of Canandaigua.
If any section, subsection, subdivision, paragraph, clause or phrase in this article, or any part thereof, is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections or portions of this local law, or any part thereof. City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase of this article, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases may be declared invalid or unconstitutional.
This local law is adopted pursuant to Energy Law § 11-109, Subdivision 1, and Municipal Home Rule Law § 10.