New York Codes, Rules and Regulations
Title 9 - EXECUTIVE DEPARTMENT
Subtitle BB - State Energy Office
Chapter II - Codes And Standards
Subchapter C - Lighting Efficiency Standards For Existing Public Buildings
Part 7821 - General Provisions
Section 7821.4 - Compliance statement

Universal Citation: 9 NY Comp Codes Rules and Regs ยง 7821.4

Current through Register Vol. 46, No. 39, September 25, 2024

(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.

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