Energy Code Exemption for Historic Buildings

1:05 PM 02/14/2013

Park Slope, NY

Does anyone know how the definitions of “repair” and “alteration” are interpreted under the NYC energy code? The code defines “repair” as “the reconstruction or renewal of any part of an existing building.” It defines “alteration” as “any construction or renovation of an existing structure . . . that requires a permit.” One possible interpretation is that “alteration” covers significant work requiring a permit, and “repair” covers all work, no matter how minor and regardless of whether a permit is required. That doesn’t seem to make sense, though, because the energy code exempts from compliance all “alterations” to certain qualifying historic buildings, but it doesn’t exempt “repairs.” So that would mean that if you create new window openings in a qualifying historic building and get DOB and LPC permits for the work, energy code compliance is not required because it’s an exempt “alteration,” but if you make minor repairs that don't require DOB or LPC permits, then you do have to comply with the energy code (and have to certify compliance) because repairs aren't exempt. Could it be that "repair" is actually intended to pick up only major reconstructions, and not all minor work? Any advice would be appreciated.

Building Code

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pape432
im pretty certain that it has to be designated landmark - like carnegie hall, not just in a landmarked district to be exempt, repairs are pretty limited but if you werent filing other work replacing windows would be a repair

1:26 PM 02/14/2013 | 0 Votes

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- loweruwsider
  Park Slope, NY
  
  Thanks. So assuming it is an individually listed building (like Carnegie Hall or a famous dead person's house), and you're replacing window sashes (so it's a "repair" that doesn't require DOB permits), doesn't that mean you're not exempt from the energy code, because the exemption for historic buildings refers only to "alterations" (which require permits) and doesn't refer to "repairs"? That result seems a little backward to me.
  
  1:41 PM 02/14/2013
- loweruwsider
  Park Slope, NY
  
  Or are you saying that because a sash replacement doesn't require DOB permits, the energy code doesn't kick in at all? In other words, energy code compliance is only required when a DOB permit is required. For all other minor work where no DOB permit is required, you don't have to worry about the energy code. Thanks again.
  
  1:47 PM 02/14/2013
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m926bk

Brooklyn, NY
To be clear - the only buildings that are exempt from the energy conservation code are those listed or eligible for listing on the State and National Registers of Historic Places. These are individual landmarks or contributing buildings in historic disticts. It's confusing as it is a state energy code as it relates to a local filing, but the NYCECC does not exempt local landmarks or historic district. Your architect and their code consultant/expiditor should be able to help you navigate this.

8:46 AM 02/15/2013 | 0 Votes

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- loweruwsider
  Park Slope, NY
  
  Looks like my response didn't post, so I'm reposting. Thanks for your answer. My question relates to a building that is individually listed in the national register of historic places. There are many houses, hotels and other buildings that are so listed. My confusion relates to the wording of the exemption for historic buildings. The energy code applies to "alterations" and "repairs." For historic buildings, the code specifically exempts "alterations," a term defined as a renovation requiring a permit. It doesn't, however, exempt "repairs," the definition of which seem to cover minor work that doesn't require a permit. In other words, the exemption is poorly drafted, because it expressly exempts major work requiring a permit, but not minor work. I'm wondering if, notwithstanding the loophole, the exemption is interpreted broadly to cover both alterations and repairs. Thanks again!
  
  9:00 AM 02/15/2013

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