New York Codes, Rules and Regulations (NYCRR)
Title 9 Part 7821
Executive Department
Browse the NYCRR by title, part, and section.
5 sections
Title 9 is open to everyone.
Ask LawEngine about the NYCRR →Create a free account →All 23 titles. No credit card required.Source version current through May 15, 2022
All 5 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.
9 NYCRR 7821.1 - Application
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- May 15, 2022
The standards established by this Subchapter shall apply to all existing buildings in the State and to any renovation to a lighting system in an existing building where such lighting system renovation is not required to conform to the provisions of the State Energy Conservation Construction Code.
9 NYCRR 7821.2 - Administration and enforcement
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- May 15, 2022
The standards shall be administered and enforced as follows:
(a)With respect to existing buildings owned by the State, these standards shall be administered by the State Energy Office and enforced by the Office of General Services in accordance with procedures developed by the Commissioner of the State Energy Office after consultation with the Commissioner of the Office of General Services. In administering and enforcing these standards, the State Energy Office and the Office of General Services shall require only those actions which are cost effective and which do not impair the health and safety of the occupants of the building.
(b)With respect to existing buildings owned by a municipality, these standards shall be administered and enforced by such municipality in a manner prescribed by local law or ordinance or by order or resolution of the governing body of any such municipality. In administering and enforcing these standards, such municipality shall require only those actions which are cost effective and which do not impair the health and safety of the occupants of the building.
(c)With respect to all other existing buildings, these standards shall be administered and enforced by the State Energy Office or by a city, town or village delegated such responsibility pursuant to an agreement with the Commissioner of the State Energy Office. In administering and enforcing these standards, the State Office or a delegated city, town or village shall require only those actions which are cost effective and which do not impair the health and safety of the occupants of the building.
9 NYCRR 7821.3 - Municipal regulations
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- May 15, 2022
(a)Nothing in this Subchapter shall abrogate or impair the power of any municipality to enforce the provisions of any local building regulations pertaining to lighting standards in existing public buildings, provided that such provisions are not inconsistent with the standards.
(b)Any municipality which adopts local lighting efficiency standards in accordance with the provisions of this section shall file a copy of such standards and any amendments or revisions thereof with the commissioner of the State Energy Office within 30 days after promulgation or adoption of such standards, amendments or revisions. The failure to comply with the provisions of this subdivision shall not impair or otherwise affect the validity of such local standards or amendments or revisions thereof.
9 NYCRR 7821.4 - Compliance statement
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- May 15, 2022
(a)With respect to all existing buildings which are privately owned, on or before April 1, 1981, a compliance statement shall be submitted to the State Energy Office, or to a delegated city, town or village, by whomever of the following persons is responsible for the payment of metered electric energy for such existing building: the building owner of record, a real estate management company responsible for the management and operation of any such existing building, or the tenant or tenants of leased premises in any such existing building. The compliance statement for such existing building shall include, but not be limited to, the following information:
(1)name and address of the existing building;
(2)name, title, address and telephone number of the person submitting the compliance statement;
(3)portion of building covered by the compliance statement if less than the entire building;
(4)type of business conducted in such existing building;
(5)total electrical consumption in kilowatt hours for the latest recorded consecutive 12-month building cycle;
(6)inside gross area;
(7)average monthly hours of normal business operation;
(8)building lighting power budget as calculated pursuant to section 7822.2 of this Part;
(9)building lighting load calculated pursuant to section 7822.2, both prior to and following lighting power reductions implemented to comply with the standards;
(10)declaration that either:
(i)the existing building is in compliance with the State Lighting Efficiency Standards; or
(ii)the existing building is not in compliance with the State Lighting Efficiency Standards because no available method of reducing the building lighting load is cost effective;
(11)for existing buildings for which a comprehensive lighting energy analysis was conducted prior to September 1, 1980, a brief description of such analysis and the date all recommendations for reductions in lighting power were implemented; and
(12)list of any leased premises, with the name of the tenant, not included in the lighting calculations for the existing building pursuant to subdivision (b) of this section, together with a copy of the written notification provided to each such tenant.
(b)If the building owner of record or a real estate management company responsible for the management and operation of an existing building has attempted, in good faith, to enter leased premises in such existing building in order to comply with this Subchapter, but has been prevented from doing so by the tenant, and the notice provided in this subdivision is given to the tenant and entry is still prevented, then the lighting power budget and lighting load for the existing building may be calculated by the building owner or real estate management company without including such leased premises. The building owner or real estate management company shall provide such tenant with 10 days' written notice summarizing the tenant's actions which prevented entry into such tenant's leased premises and advising the tenant that unless entry is permitted within said 10-day period, the responsibility to comply with this Subchapter shall shift to the tenant. Where the tenant has received such notification, it shall be the responsibility of the tenant to either permit the building owner or real estate management company to enter the leased premises during such 10-day period, or to bring such leased premises into compliance with the standards and to submit a compliance statement for such leased premises.
(c)A compliance statement shall be signed and sworn to before any person authorized by the State of New York to administer oaths.
9 NYCRR 7821.5 - Penalties
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- May 15, 2022
Any person who knowingly fails to submit a compliance statement as required by section 7821.4 of this Part, or who knowingly fails to bring an existing building which is privately owned into compliance with the standards by April 1, 1981, shall be liable for a civil penalty of up to $1,000.