§ 2-78. Requirements for compliance.

A. 

Any new one- and two-family dwelling, single-family attached units (townhouses), and multiple-family residences of less than five units shall be built to achieve minimum energy conservation performance as verified by the Home Energy Rating System (HERS) promulgated by the Residential Energy Service Network (RESNET).

B. 

The energy conservation requirements must be satisfied by achieving a rating of 70 or less on the Home Energy Rating System (HERS) Index as defined in the 2006 Mortgage Industry National Home Energy Rating System Standards promulgated by the Residential Energy Services Network (RESNET).

C. 

In addition to demonstrating compliance with the standard set forth in Subsection B above, prior to issuance of a certificate of occupancy, the subject dwelling must comply with the following additional requirements:

(1) 

Include a tamper-resistant, automatically controlled mechanical ventilation system that provides whole-house ventilation (dilution air) at a rate required by the ASHRAE 62.2 standard most recently published at the time the most recent building permit was issued; and

(2) 

Comply with the combustion safety testing standards promulgated by the Building Performance Institute, as tested by a building analyst certified by the Building Performance Institute, or equivalently trained analyst approved by the Commissioner.

D. 

Prior to the issuance of a building permit for any new subject dwelling, the applicant shall certify compliance with energy conservation requirements by submitting a New York State HERS compliance certificate from an independent certified HERS rater, architect or PE indicating that the building was designed to meet the required HERS index of 70. Said certificate must indicate compliance with the current version of the Energy Conservation Construction Code of New York State (ECCCNYS) based on source energy expressed in BTU or BTU per square foot of conditioned space as defined by the current Residential Code of New York State.

E. 

Prior to the issuance of a certificate of occupancy for any subject dwelling which is granted a building permit after the effective date of this measure, the applicant shall be required to demonstrate compliance with Subsections B and C of this section by submitting a final HERS rating performed by a RESNET-certified HERS rater. The HERS rater shall attest that the subject dwelling complies with the following requirements:

(1) 

Achieves a rating of 70 or lower on the HERS Index.

(2) 

Meets the ventilation requirements of Subsection C(1).

(3) 

Passes combustion safety testing required by Subsection C(2).

(4) 

The subject dwelling complies with the air sealing and insulation requirements of the current New York State Energy Conservation Construction Code for residential construction.

(5) 

Ducts within the subject dwelling have been subjected to an HVAC duct leakage test in accordance with the requirements of the 2006 Mortgage Industry National Home Energy Rating System (RESNET Standard), and the system has a leakage rate to outside no greater than 0.06 cfm for each square foot of conditioned floor space as measured in accordance with ANSI Standard Z765-2003 with exceptions as specified in Appendix A of the RESNET Standard. For homes with multiple systems, the aggregate leakage of all installed duct systems will be no greater than the maximum allowable rate as calculated by the formula above.

(6) 

All equipment within the residence has been sized in accordance with ACCA Manual J or as otherwise permitted by the current New York State Energy Conservation Construction Code for residential construction.

(7) 

All HVAC ducts not completely inside the subject dwelling's thermal envelope are insulated to a minimum of R-6 or as otherwise required by the current New York State Energy Conservation Construction Code for residential construction.

(8) 

A permanent certificate has been affixed on or in the electrical distribution panel in accordance with the current New York State Energy Conservation Construction Code for residential construction, which includes the building's HERS Index.

F. 

Prior to the issuance of a certificate of occupancy for any subject dwelling which was granted a building permit prior to the effective date of this measure, the applicant shall provide evidence that the subject dwelling complies with all aspects of the LIPA ENERGY STAR® Homes Program, using either the Home Energy Rating System (HERS) or Builder Option Package method. Prior to issuance of a certificate of occupancy, all field verification and testing requirements of that program shall be met.

G. 

Prior to the issuance of a building permit for any new subject dwelling for which a building permit has been previously issued and for which construction has not progressed beyond the foundation, the applicant shall comply with Subsection D of this section. Prior to issuance of a certificate of occupancy, the subject dwelling shall comply with Subsection E of this section.

H. 

The Commissioner shall establish requirements for HERS raters practicing in the Town to provide proof of certification, insurance, experience and independence, and shall maintain a list of raters that have provided this information and filed other required information with the Commissioner. The Commissioner shall establish rules to limit conflicts of interest in the HERS rating of subject dwellings. Raters may be removed from the approved list by the Commissioner for cause.