N.Y. Energy Law § 11-109: Municipal regulations

§ 11-109. Municipal regulations. 1. Nothing in this article shall be

construed as abrogating or impairing the power of any municipality or

the secretary of state to enforce the provisions of any local building

regulations or the state uniform fire prevention and building code,

provided that such local building regulations are not inconsistent with

the code. Nor shall anything in this article be construed as abrogating

or impairing the power of any municipality to promulgate a local energy

conservation construction code more stringent than the code, including

but not limited to requirements for mandatory energy efficiency testing

and ratings.

2. Any municipality which adopts a local energy conservation

construction code in accordance with this section shall file a copy of

such code and any amendments or revisions thereof with the state fire

prevention and building code council within thirty days after

promulgation or adoption of such local code or any amendments or

revisions thereof. If the municipality files such copy within such

thirty day time period, the municipality may enforce such local code,

amendment or revision until and unless the state fire prevention and

building code council shall determine that such local code, amendment or

revision is not more restrictive than the code. If the municipality

fails to file such copy within such thirty day time period, the

municipality may not enforce such local code, amendment or revision

until and unless the state fire prevention and building code council

shall determine that such local code, amendment or revision is more

restrictive than the code.