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 (hereinafter referred to as "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 edition of the Energy Conservation Construction Code of New York State (hereinafter referred to as the "2020 ECCCNYS") and the 2016 edition of ASHRAE 90.1 (hereinafter referred to as "ASHRAE 90.1-2016").
D. 
The 2020 ECCCNYS is based on the 2018 edition of a publication entitled International Energy Conservation Code (hereinafter referred to as the "2018 IECC").
A. 
The Village of Nyack 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.
(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 made part hereof and attached to the Nyack Village Code as Appendix A of this chapter.
The local energy conservation construction code, as hereby adopted, shall be applicable to all buildings constructed, substantially renovated, or altered in the Village of Nyack on or after the effective date of this article and to all additions to buildings in the Village of Nyack made on or after the effective date of this article. However, pursuant to NYS 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 Village of Nyack.
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 Village of Nyack.
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 article, or any part thereof. The Village Board 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.