[HISTORY: Adopted by the Town Board of the Town of Ithaca 12-8-2025 by L.L. No. 19-2025[1]. Amendments noted where applicable.]
[1]
Editor's Note: This ordinance repealed former Ch. 144, Energy Code Supplement, adopted 6-14-2021 by L.L. No. 5-2021.
144-101. 
Title, purpose and objectives.
144-101.1. 
Title. This chapter 144 of the Code of the Town of Ithaca shall be known as the "Energy Code Supplement" (ECS).
144-101.2. 
Purpose. The purpose of this chapter is to promote the public health, safety, and general welfare by establishing a local energy code supplement for construction of all new buildings, with requirements above and beyond the state energy code that will become more stringent over time.
144-101.3. 
Objectives. The objectives of this chapter are to: (1) deliver measurable, immediate, and long-lasting reductions in greenhouse gas (GHG) emissions from all new buildings; (2) advance best practices in the design of affordable buildings that deliver reduced GHG emissions; and (3) provide a rapid but orderly transition to buildings that do not use fossil fuels on-site for major building energy needs, such as space heating and hot water heating, by 2026.
144-102. 
Findings.
144-102.1. 
Findings of fact. The Town of Ithaca Town Board finds that:
A. 
Climate change is causing an increase in extreme weather events, such as storms, flooding, and heat waves that threaten human life, healthy communities, and critical infrastructure in the Town, New York State, and across the world.
B. 
There is a clear emerging international consensus that to avoid the most severe impacts of a changing climate, global warming should be limited to 1.5° C.
C. 
GHG emissions related to human activity are the main cause of global warming. Buildings within the Town of Ithaca are the most significant contributor to local GHG emissions, responsible for more than half of all community GHG emissions.
D. 
The Town Board unanimously adopted the Town's Green New Deal on March 23, 2020, which sets forth a goal to achieve an equitable transition to carbon-neutrality community-wide by 2030.
E. 
New York State, through its Climate Leadership and Community Protection Act, has set ambitious goals to combat climate change through GHG reduction. State goals are in line with many of the objectives of the Energy Code Supplement, including reducing emissions in buildings, electrifying space heating, water heating, and cooking systems, increasing the use of renewable energy, and reducing the use of fossil fuels.
F. 
The combustion of fossil fuels in homes and other buildings decreases internal air quality and has adverse impacts on human health.
G. 
For new buildings, the most affordable and cost-effective time to reduce greenhouse gas emissions is during the design and construction phases of a project, rather than at a time of later retrofit.
144-201. 
 
144-201.1. 
Pursuant to § 11-109 of the New York State Energy Law, and subject to the provisions and requirements of that section, the Town of Ithaca has the power to promulgate a local energy conservation construction code that is more stringent than the Energy Conservation Construction Code of New York State (ECCCNYS).
144-201.2. 
This ECS provides requirements and standards that are in addition to, and shall supplement, the requirements and standards set forth in the ECCCNYS and in Chapter 125, Building Construction and Fire Prevention, of the Code of the Town of Ithaca. If a requirement of the ECS is less stringent than that of the ECCCNYS in effect at the time of application for a building permit, then the more stringent ECCCNYS requirement shall take precedence. The ECS shall be followed to the greatest extent possible while meeting any more stringent requirements of the ECCCNYS. The plans, specifications, and other materials required by the Code Enforcement Officer relating to the ECS-related components of the building, structure, and/or property shall be submitted to the Code Enforcement Officer in conjunction with an application for a building permit pursuant to said Chapter 125 and pursuant to Chapter 270, Zoning, of the Code of the Town of Ithaca.
144-201.3. 
The Town shall enforce this chapter in addition to the Town's enforcement of the ECCCNYS. Chapter 125, Building Construction and Fire Prevention, of the Code of the Town of Ithaca sets forth the method for administration and enforcement of the ECS and establishes powers, duties and responsibilities in connection therewith, including penalties and other remedies for violations of the ECS.
144-201.4. 
Except as specified in this chapter, this chapter 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.
144-202. 
Applicability.
144-202.1. 
Applicability.
A. 
Beginning on January 1, 2026, the requirements of this Energy Code Supplement shall apply to construction of the following new buildings:
(1) 
Commercial building.
(2) 
Residential building.
B. 
Exceptions to 144-202.1, Applicability.
(1) 
The requirements of the ECS shall not apply to the following:
(a) 
A manufactured home.
(b) 
An agricultural building.
(c) 
A building or part of a building that is used as critical infrastructure.
(d) 
A building or part of a building that is used as a hospital or other medical facility.
(e) 
A building or part of a building used for generation of emergency back-up power or standby power.
(2) 
The requirements of the ECS shall not apply to construction that does not include conditioned space.
(3) 
The requirements of the ECS shall not apply to construction for which all necessary building permits have been issued prior to January 1, 2026. Such construction shall comply with the version of the ECS (if any) that was in effect at the time of issuance of all necessary building permits.
(4) 
The requirements of the ECS shall not apply to construction for which completed applications for all necessary building permits have been submitted prior to January 1, 2026, if such applications are diligently prosecuted to conclusion. Such construction shall comply with the version of the ECS (if any) that was in effect at the time of submission of completed applications for all necessary building permits.
(a) 
For the purposes of this subsection only, a building permit application shall be deemed "completed" if all other necessary approvals, including but not limited to site plan, subdivision, special approval, special permit, and variance have been received prior to January 1, 2026, and if the building permit application contains all required information, materials, and fees normally and reasonably required by the Code Enforcement Officer to commence their building permit review process.
(b) 
A building permit application shall be deemed "diligently prosecuted to conclusion" if the applicant promptly responds to any inquiries and promptly supplies any additional information reasonably required by the Code Enforcement Officer, and the applicant otherwise cooperates so as to permit and enable the Code Enforcement Officer to adequately and completely review the application and render a decision on same within a reasonable period of time of its submission, and in any event within three months of its submission.
144-202.2. 
Emissions and fuels. All buildings shall be built to have net-zero GHG emissions and shall not use fossil fuels.
144-202.3. 
Applicable New York State Energy Conservation Construction Code appendices.
A. 
The Town adopts, and commercial buildings shall meet, all provisions of New York State Energy Conservation Construction Code Appendix CC, as modified by the Town below. Appendix CC is provided in the adopted version of the ECCCNYS and can be found at the following link: (free viewing at: https://codes.iccsafe.org/codes/united-states/new-york or purchased at: https://shop.iccsafe.org/custom-codes/state-codes/new-york.html).
B. 
The Town adopts, and residential buildings shall meet, the provisions of New York State Energy Conservation Construction Code Appendix RC, as modified by the Town below. Appendix RC is provided in the adopted version of the ECCCNYS and can be found at the following link: (free viewing at: https://codes.iccsafe.org/codes/united-states/new-york or purchased at: https://shop.iccsafe.org/custom-codes/state-codes/new-york.html).
C. 
The Town modifies Appendix CC Section CC103.1's reference to Section C405.13.1 (Electrical energy metering) so that it refers instead to Section C405.15.1 (On-site renewable energy systems).
D. 
The Town modifies Appendix CC and Appendix RC by replacing all occurrences of the term "International Energy Conservation Code" with the term "Energy Conservation Construction Code of New York State."
144-301. 
General.
144-301.1. 
Terms defined in other codes. Where terms are not defined in this code and are defined in the Energy Conservation Construction Code of New York State, such terms shall have the meanings ascribed to them as in that code. Where terms are not defined in this code and are defined in a New York State code other than the Energy Conservation Construction Code, and the applicable code is specifically referenced in relation to the terms, such term shall have the meanings ascribed to them in relation to the referenced code.
144-302. 
General definitions. As used in this chapter, the following terms shall have the meanings indicated:
ECS
The Energy Code Supplement, which is Chapter 144 of the Ithaca Town Code.
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 ECS, fossil fuels shall also include common extracts, derivatives, and products of fossil fuels, including but not limited to propane, kerosene, and gasoline.
GREENHOUSE GAS (GHG)
Any of several gases, including carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), and fluorinated gases, that trap heat in the atmosphere.
TOWN
The Town of Ithaca.
ZONING BOARD OF APPEALS
The Town of Ithaca Zoning Board of Appeals.
144-401. 
Compliance documentation.
144-401.1. 
 
144-401.1.1. 
A green building compliance checklist shall be submitted to the Town to identify how the proposed construction will comply with the applicable provisions of the ECS. The checklist shall be submitted with the construction documents, prior to the Building Department issuing the building permit. For projects that require planning review, a preliminary green building checklist shall be submitted at the planning review phase, indicating which green compliance methods are proposed/planned.
144-401.1.2. 
Compliance documents are available from the Town of Ithaca website and from the Town Code Enforcement Department.
144-402. 
Variances.
144-402.1. 
 
144-402.1.1. 
Any person aggrieved by an order, interpretation, or decision of a Code Enforcement Officer concerning the application or requirements of the provisions of this chapter may take an appeal to the Zoning Board of Appeals.
144-402.1.2. 
An application for an interpretation or variance shall be submitted to the Building and Code Enforcement Department in a form substantially indicating the name and owner of the real property, the nature of the condition for which an interpretation or variance waiver is sought, and the reasons for which an interpretation or variance is sought.
144-402.1.3. 
The applicant shall pay the Town the same fee as that set from time to time by Town Board resolution for appeals to the Zoning Board of Appeals for area variances from zoning requirements.
144-402.1.4. 
The Zoning Board of Appeals shall, in accordance with the provisions of this chapter, review any order, interpretation, or decision (including refusals of a building permit or certificate of occupancy or certificate of compliance) of said Code Enforcement Officer where such order, interpretation, or decision is based upon the requirements of this chapter.
144-402.1.5. 
The Zoning Board of Appeals, in hearing an appeal from the order, interpretation, or decision of the Code Enforcement Officer, shall have the power to make its own interpretation (where an interpretation is requested), and to grant variances from the standards and requirements of this chapter. Any standard or requirement of this chapter may be varied, in whole or part, with regard to specific construction upon application made by or on behalf of an owner, where the applicant meets its burden of demonstrating strict compliance with such standard or requirement would entail practical difficulty or cause any unnecessary hardship in relation to such construction; provided, however, that any such variance shall provide for alternative energy conservation standards or requirements to achieve, to the extent practicable, the purpose of this chapter to reduce greenhouse gas emissions.
144-402.1.6. 
In determining whether to grant a variance from a standard or requirement of this chapter, the Zoning Board of Appeals shall take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the community that would result by such grant. In making such determination, the Zoning Board of Appeals shall also consider and make findings on the following:
A. 
Whether the benefits sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than a variance;
B. 
Whether the applicant has proposed to implement other energy or construction options, in place of the standard or requirement that is the subject of the variance request, that will result in the least amount practicable of additional greenhouse gas emissions.
C. 
Whether the variance request will result in a substantial amount of greenhouse gas emissions if the request is granted.
D. 
Whether the variance request is unique to the building, project, or site and does not apply to a substantial portion of the neighborhood or community.
E. 
Whether the requested variance is the minimum necessary.
F. 
Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Zoning Board of Appeals but shall not necessarily preclude the granting of the variance.
144-402.1.7. 
If the Zoning Board of Appeals grants a variance, it shall grant the minimum variance necessary, condition such grant on the imposition of alternative energy conservation standards or requirements to achieve to the extent practicable the purpose of this chapter to reduce greenhouse gas emissions, and impose other conditions as such Board may reasonably determine necessary to mitigate the consequences of the grant of the variance.
144-402.1.8. 
The procedures relating to variances in Chapter 270, Zoning, of the Town of Ithaca Code, and the procedures set forth in New York Town Law § 267-a(5) through (9) and (11) through (13) shall apply, except to the extent expressly provided otherwise herein or superseded hereby. Those subsections contain procedures and requirements for the filing of administrative decisions; the time for appeal to the Zoning Board of Appeals; stays upon appeal; hearings of appeals; time, filing and notice of Zoning Board of Appeals decisions; compliance with the New York State Environmental Quality Review Act; rehearings; and voting requirements. In addition to publication of the public hearing notice, the Zoning Board of Appeals notice of the application shall also be given to all landowners owning property adjoining the property for which an interpretation or variance is sought. The Zoning Board of Appeals notice shall also be posted on the property in accordance with the posting provisions of § 270-237 of the Town of Ithaca Code. To the extent a procedure is not provided herein, the Zoning Board of Appeals may administratively adopt procedures that are approved by the Town Board and published in the official minutes of the Town Board of the Town of Ithaca.
144-402.1.9. 
The actions and determinations of the Town of Ithaca, the Zoning Board of Appeals, the Town Board, and the Code Enforcement Officer, as referenced in this chapter, shall be deemed final determinations for purposes of Article 78 of the New York. Civil Practice Laws and Rules (CPLR). Notwithstanding this, standing under said Article 78 of the CPLR shall only be appropriate after the exhaustion of any administrative reviews and/or appeals as provided for in this chapter.
144-402.1.10. 
Unless work has commenced in accordance with the variance granted by the Zoning Board of Appeals within one year from the issuance of the building permit authorizing such work, or within 18 months of the granting of such variance, whichever is earlier, not only the building permit but the variance shall expire and the construction on the property shall revert to those ECS standards and requirements in effect at the time of variance expiration.
144-402.1.11. 
If the building permit expires, the variance shall also expire at the same time.