N.Y. Comp. Codes R. & Regs. tit. 6 § 638.3
Unless the context otherwise requires, the definitions contained in section 19 of the Tax Law are applicable to this Part. The following additional definitions and clarifications are applicable to this Part.
A combination of components, including a compressor, a condenser, and an evaporator or cooling coil, designed for the purpose of conditioning air for one or more rooms of a building by providing one or more of the following functions: cooling, heating, air circulation, dehumidifying or air cleaning.
One or more contaminants in quantities, of characteristics and of a duration which are or may be injurious to human, plant or animal life or to property or which unreasonably interfere with the comfortable enjoyment of life and property.
Amounts properly chargeable to capital account (other than for land), which are paid or incurred on or after June 1, 1999, for: construction or rehabilitation; commissioning costs; interest paid or incurred during the construction or rehabilitation period; legal, architectural, engineering and other professional fees allocable to construction or rehabilitation; closing costs for construction, rehabilitation or mortgage loans; recording taxes and filing fees incurred with respect to construction or rehabilitation; site cost (such as temporary electric wiring, scaffolding, demolition costs, and fencing and security; and costs of furniture, carpeting, partitions, walls and wall coverings, ceilings, drapes, blinds, lighting, plumbing, electrical wiring and ventilation; provided that such costs must not include the cost of telephone systems and computers (other than electrical wiring costs) and must not include the cost of fuel cells or photovoltaic (PV) modules (including installation) or the cost of new air conditioning equipment using an EPA-approved non-ozone depleting refrigerant or other EPA-approved refrigerant as provided in section 7.13.
Gray water, rainwater, or drainage water, singly or mixed together, used in place of private or public potable water supply only for uses other than as potable water.
That portion of the atmosphere, external to buildings, to which the general public has access.
A package consisting of a written statement by the taxpayer in accordance with section 638.5(b) and (c) of this Part and a certification or a number of certifications that must be made by an appropriate architect(s) and/or professional engineer(s) licensed to practice in this State under the seal of such architect or engineer, that the building, base building or tenant space with respect to which the credit is claimed is a green building, green base building or green tenant space, respectively, in accordance with the standards and guidelines in effect at the time the property which is the basis for the credit was placed in service, that the fuel cell or photovoltaic modules constitute qualifying alternate energy sources and that the air conditioning equipment uses an EPA-approved non-ozone depleting refrigerant or other EPA-approved refrigerant approved by the commissioner and remains in service. Each certification must set forth the specific findings upon which the certification was based. An AEC is submitted, for each taxable year for which a taxpayer claims a credit under this section, to the New York State Department of Taxation and Finance and to the Department of Environmental Conservation, in accordance with section 19 of the Tax Law and this Part.
Clothes washers, refrigerators, dishwashers, and room air conditioners.
Any coating applied to stationary structures and to their appurtenances, to mobile homes, to pavements, or to curbs.
A person licensed or otherwise authorized under article 147 of title 8 of the New York State Education Law to use the title of architect.
American Society of Testing and Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2459, www.astm.org.
All areas of a building not intended for occupancy by a tenant or owner, including but not limited to the structural components of the building, exterior walls, floors, windows, roofs, foundations, chimneys and stacks, parking areas, mechanical rooms and mechanical systems, and owner-controlled and/or operated service spaces, sidewalks, main lobby, shafts and vertical transportation mechanisms, stairways and corridors.
Documentation of the primary concepts and assumptions that have influenced design decisions that were made to comply with the design intent. The basis of design specifically describes the systems, components, conditions and methods chosen to meet the design intent.
Contaminant agents derived from or that are living organisms (e.g., viruses, bacteria, fungi, and mammal and bird antigens).
Water from toilet, urinal and bidet flushing, as well as other water containing human or animal excreta, such as wastewater from diaper laundering or wastewater from cleaning of animal stalls or cages.
A coating the sole purpose of which, when applied between layers of concrete, is to prevent the freshly poured top layer of concrete from bonding to the substrate on which it is poured.
The monitoring and control of components, subsystems, and systems of a space or building with the purpose of automating their operation.
The components of a building that enclose that building from the environment, including but not limited to, exterior walls, underground walls, windows, roofs, floors with one surface exposed to outdoor air, floors on ground; also, exterior light shelves and exterior shading devices.
Product used to adhere carpet to a substrate.
A product installed beneath carpet, typically composed of fiber, sponge rubber or polyurethane foam.
A document stating that all equipment, systems, and controls have been correctly installed; operated as specified; have been tested, adjusted, and balanced; and are verified as ready for functional performance testing and other acceptance procedures.
Statement under the seal of an architect or engineer, made in accordance with the standards and guidelines in effect at the time the property, which is the basis for the credit, was placed in service.
A person with current certification from the Association of Energy Engineers located at 4025 Pleasantdale Rd., Suite 420, Atlanta, GA 30340.
A person with current certification from the Association of Energy Engineers located at 4025 Pleasantdale Rd., Suite 420, Atlanta, GA 30340.
A person with current certification from the American Board of Industrial Hygiene located at 6015 West St. Joseph, Suite 102, Lansing, MI 48917.
Wood-based materials originally sourced from forestlands participating in an acceptable system or program which certifies sustainable forest management, as determined by the commissioner of the Department of Environmental Conservation, or his/her designee. Acceptable systems or programs must include all of the following:
For indoor air quality purposes, an oil or gas fuel burning device, including but not limited to the following: hot air furnace, hot water boiler, hot water heater; gas-fired - clothes drier, kitchen range, oven; gas logs, coal, cord wood and wood-pellet fueled - fireplaces and wood stoves; kerosene - radiant or convective space heaters; gasoline or diesel engines.
Although section 19 of the Tax Law, upon which this regulation is based, refers to the commissioner and intends to mean the commissioner of the Department of Taxation and Finance, for the purposes of this regulation commissioner means the commissioner of the New York State Department of Environmental Conservation (DEC or department).
A quality control process that is intended to ensure that specified components and systems have been installed and properly started-up and then functionally tested to verify and document proper operation through all specified modes of operation and conditions. In addition, training of operations and maintenance personnel, identified by the owner, is verified and final project operations and maintenance documents are reviewed for completeness.
The entity responsible for carrying out the detailed planning and implementation of the commissioning process. The commissioning agent can be an individual, an organization, or a team with individuals from more than one organization.
The owner's representative that ensures that the commissioning process is properly carried out. The commissioning authority leads the commissioning process and makes final recommendations to the owner regarding the performance of the commissioned building systems. The commissioning authority can be an individual, an organization, or a team with individuals from more than one organization.
A coating the sole purpose of which is to retard the evaporation of water from the surface of freshly cast concrete, thereby strengthening it.
The documents that contain the requirements for the construction and performance of a building and its components, equipment, systems and subsystems. This includes but is not limited to construction drawings and specifications.
The document that specifies the procedures which have been used to meet the requirements of section 638.8 of this Part.
The document that records the results of construction indoor air quality management as required by section 638.8 of this Part.
The reduction of contaminant load by either elimination, such as exhaust or reduction of emissions from components and processes, or by isolation.
For the purpose of energy simulations, the portion of a building composed of thermal zones that have no exterior walls and no exterior windows.
The later of:
A document issued by the Department of Environmental Conservation upon proper application by a taxpayer for green building credit under section 19 of the Tax Law. This document must state the first taxable year for which a credit may be claimed by the taxpayer/applicant and an expiration date. It must state, also, the maximum amount of credit component allowable for each of the five taxable years for which the credit component is allowed. This document is identified as an initial credit component certificate in article 19 of the Tax Law.
The base building as designed with the intention to qualify for the green building credit.
An energy use computer model of the whole building, in which the design base building is modeled with components that have the energy efficiency as designed.
Documentation of the ideas, concepts and criteria considered by the owner to be important to the project, based on information gathered during the early stages of design (programming, conceptual, pre-schematic). The design intent must include at a minimum a narrative description of the systems, what the objectives of the systems are and how the systems will meet those objectives.
The tenant space as designed with the intention to qualify for the green building credit.
An energy use computer model of the whole building, in which the all components of the design tenant space have the energy efficiency as designed.
The whole building is designed with the intention to qualify for the green building credit.
An energy use computer model of the whole building where all components have the energy efficiency as designed.
Water heated to serve the needs of occupants of a building, exclusive of process.
Water collected from basement sump pumps or drainage tiles around buildings as a byproduct of protecting the building(s) against moisture.
An area which is designated:
A building located in this State which is:
The New York State Energy Conservation Construction Code (March 1, 1991).
A base building that is identical with the design base building, except that:
An energy use computer model of the whole building, in which the base building is modeled according to the definition of the energy code base building.
A tenant space that is identical with the design tenant space, except that:
A whole building composed of an energy code base building and where all tenant spaces are energy code tenant spaces.
An energy use computer model of the whole building, in which the tenant space intended to qualify for the green building credit is modeled according to the definition of the energy code tenant space.
An energy use computer model of the whole building, where the energy efficiency of all components of the whole building comply with the prescriptive requirements of the energy code.
A labeling and marketing system for products meeting specified energy efficiency targets ®. A list of Energy Star® qualified products is available on EPA's web site www.epa.gov/energystar.
Chemical treatment applied to the liner or the face of a form that reacts with the concrete cement to prevent it from sticking to the form, including but not limited to petroleum-based agents such as light-bodied, low-viscosity plain oil and used engine oil.
Natural gas, petroleum, coal, and any form of solid, liquid or gaseous fuel derived from such material for the purpose of creating useful heat.
A device that produces electricity directly from hydrogen or hydrocarbon fuel through a noncombustive electro-chemical process.
The process of determining the ability of the HVAC system to deliver heating, ventilating, and air-conditioning services in accordance with the final design intent and construction documents.
Waste water generated by water using fixtures other than toilets; including but not limited to baths, sinks and laundry facilities.
A building wherein the base building is a green base building and all tenant space is green tenant space.
The tax credit provided for by section 19 of the Tax Law.
Vegetative cover on top of a building above, at or below grade, of one of two types: extensive or intensive.
Mechanical devices located within or associated with a building, used for comfort conditioning or for domestic or sanitary water heating, including, but not limited to, furnaces, boilers, air conditioning, heat pumps, chillers, and water heaters. This equipment does not include any equipment used for process.
Construction-related practices to suppress dust, ensure that surfaces are kept clean, remove spills or excess application of wet materials, keep work areas dry, and remove debris from work areas.
Practices to safeguard the HVAC system from airborne contaminants.
A description of the features of the building structure, function and occupancy that impact indoor air quality.
The document prepared by a qualified professional, describing the IAQ test strategy, sampling locations, sampling and analytical methods, sampling frequency and duration, and quality assurance/quality control measures.
The report prepared by a qualified professional, providing the results of the IAQ testing for the taxable year, and indicating whether those results meet the IAQ standards required in section 638.7(d) of this Part.
Includes:
Measurement of air concentrations of carbon dioxide, carbon monoxide, particulate matter, radon, formaldehyde and total volatile organic compounds.
Air within the building envelope.
The connections between systems or components that ensure the actions of one system or component result in the automatic reaction of another system or component.
Values for which:
Potable water added to the alternate supply water to make up a shortfall in quantity.
All HVAC systems, HVAC equipment and HVAC components that belong to the base building and that affect energy consumption; indoor air quality systems, equipment and components that effect mechanical ventilation in the base building or tenant spaces; and domestic hot water systems or components that belong to the base building. Mechanical plant does not include electricity-generating equipment (e.g., fuel cells, PV), unless waste heat from such equipment is used to meet building needs for heating or hot water.
Lumber intended for finish work in buildings, including sash, doors, cornices, panelwork and other items of interior or exterior trim and cabinetry but not including flooring, ceiling or siding.
For the purposes of these regulations, the minimum sample must be no less than 10 percent and no less than ten units, but no greater than the maximum number of units that the sample is intended to represent. In this context, a unit is one item of a larger group of the same type of items.
The route that moisture and/or airborne pollutants may follow through the building, e.g., through the building envelope, through the HVAC system, through utility chases, abandoned pipes and other openings within the building, through outdoor air intakes, or through differential pressure gradients.
These include residential units, area(s) for the common use of the residents, and all areas related to the management of these units. All other uses are excluded.
This includes elevators, lifts, dumbwaiters, conveyors, escalators, moving sidewalks (also called passenger conveyors or power walks).
Use of a space in accordance with its intended purpose.
Any enclosed space intended for human activities. Storage rooms and conference rooms are not excluded where the space use of the tenant space is storage or conference.
An occupiable space that is in use for its intended purpose.
A space in which the primary or intended occupancy or use is the transaction of business, civic or professional service.
A base building that has offices in at least 90 percent of its occupiable space exclusive of corridors, lobbies, restrooms, mechanical rooms, janitorial rooms, storage rooms, and conference rooms.
A tenant space that has offices in at least 90 percent of its occupiable space exclusive of corridors, lobbies, restrooms, mechanical rooms, janitorial rooms, storage rooms, and conference rooms.
The process of sustaining the performance of a building in accordance with design requirements and intent. Operations refers to functional activities related to building systems. The scheduling of equipment operation and temperature control are functions of operating a building. Maintenance involves servicing equipment so that it will run in accordance with the manufacturer's intent for at least the duration of its expected service life.
The document that records the information pertinent to the operations and maintenance of the components, equipment, subsystems, and systems for the building, including all the information required by section 638.8(k)(1) of this Part.
A person or other legal entity holding title to property.
Parameters affecting energy use include, but are not limited to, the following:
Solid or liquid particles in the air, typically, in the size range 0.01 to 100 microns in diameter.
A form, also known as insulating concrete form (ICF), made from rigid expanded polystyrene insulation that is left in place after the concrete is cured. Typically used for vertical walls.
Asphalt used as top course of a pavement that allows water to seep through. Also known as asphalt-treated permeable base or as popcorn mix.
Any substance or a mixture of substances as defined in section 325.1(aw) of this Title.
Any equipment that plugs into an electrical outlet, excluding any equipment that is used for heating, cooling, ventilation, or any type of lighting or process.
Particulate matter less than or equal to 10 microns in aerodynamic diameter.
A discontinuous mixture of coarse aggregate, hydraulic cement and other cementitious materials, admixtures and water which allow for the passage of water and air. This type of concrete has a variety of names including porous, gap-graded, no-fines, permeable, and low density.
Those products, packages or materials generated by a business or consumer which have served their intended end use as consumer items and which have been separated or diverted from the waste stream for the purposes of collection and recycling as a secondary material feedstock. Post-consumer material does not include waste material generated during or after the completion of a manufacturing or converting process.
Material and byproducts which have not reached a business or consumer for an intended end use and have been recovered or diverted from the waste stream, including, but not limited to, industrial scrap material, overstock or obsolete inventories from distributors, wholesalers and other companies. Pre-consumer material does not include those materials and byproducts generated from, and commonly reused within, an original manufacturing process and does not include onsite converting waste. Onsite converting waste can be claimed as recycled material if the manufacturer or advertiser can substantiate that the material would otherwise have entered the solid waste stream.
Permanent form constructed of blocks made from materials such as waste wood, portland cement, EPS and flyash. These blocks are stacked vertically, then filled with concrete.
Equipment that produces chilled water or cool air to satisfy the comfort needs of an occupied space. For the purpose of these regulations, primary cooling equipment is restricted to the following: air conditioners, heat pumps, chillers, indirect or direct evaporative cooling equipment, ice storage, and cooling towers.
Equipment that produces hot water, steam or hot air to satisfy the comfort needs of an occupied space. For the purpose of these regulations, primary heating equipment is restricted to the following: furnaces, boilers, heat pumps, and electric resistance.
For energy use calculations, an activity or treatment that is not related to the space conditioning, lighting, domestic hot water heating, or ventilating of a building as it relates to human occupancy. Processes include, but are not limited to, special lighting required for theatrical productions or broadcasting; use of medical equipment; use of natural gas for cooking; and use of vehicles powered by batteries within a building.
Any equipment used in a process, excluding plug equipment.
A person licensed or otherwise authorized under the Article 145 of Title 8 of the New York State Education Law to use the title of professional engineer.
Building-integrated and nonbuilding integrated photovoltaic modules and fuel cells installed to serve the base building or tenant space which have the capability to monitor their AC output, and which are validated upon installation, and annually thereafter, to ensure that such systems meet their design specifications.
Person who meets the following criteria:
The IAQ manager must attend at least one IAQ course or seminar annually;
A certified industrial hygienist or professional engineer.
Materials that substantially replenish themselves faster than traditional extraction demand (i.e., planted and harvested in less than a 10-year cycle) and do not result in significant biodiversity loss, increased erosion, or air quality impacts. Rapidly renewable materials include, but are not limited to, bamboo, linoleum, cork, fast-growing poplar, monterey pine and products based on grain-based feedstock (such as wheat straw cabinetry).
Under steady state conditions, the mean temperature difference between two defined surfaces of material or construction that induces a unit heat flow through a unit area.
Wood derived from dismantling old buildings, bridges, barns, ships, warehouses, wine tanks and other structures; from logs raised from river and lake bottoms; from urban forest and orchard maintenance.
A specified minimum percentage by weight of pre-consumer and post-consumer material.
A person who is licensed by the New York State Education Department as a licensed architect to engage in the practice of architecture in New York State.
An encased air conditioner designed for mounting in a window or through the wall for the purpose of providing conditioned air to an enclosed space without the use of ducts.
Defines how the systems and components will react to changing conditions to achieve the proper operation of the system. The sequence must include the intended modes of operation, the steps needed to enact each mode, and the data that determines what, when and how a step is performed.
The ratio of the solar heat gain through glazing to the solar gain through an unshaded 1/8 inch thick clear double strength glass under the following conditions:
A form that is moved slowly as concrete is placed during construction.
The process through which a space is heated, ventilated or cooled.
Predominant use of a space.
The ratio of the heat absorbed (or released) by unit mass of a system to the corresponding temperature change.
Glazings added to the exterior windows in order to protect critical-function spaces, such as broadcasting studios or visual laboratories, from noise and/or glare.
The increase in pressure produced across a fan or pump at its design flow rate.
Any material to which a coating is applied.
Carpet manufactured with manmade materials, including, but not limited to, nylon 6, nylon 6,6; polyester; polypropylene; and polyvinyl.
A composite document that expands the scope of the operation and maintenance manual by including the additional information gathered by the commissioning process as required by section 638.8(k)(2) of this Part.
Person or other legal entity entering into occupation of property with the permission of the owner.
Improvements which are necessary or appropriate to support or conduct the business of a tenant or occupying owner.
The portion of a building intended for occupancy by a tenant or occupying owner.
The process of checking and adjusting all the heating, cooling and ventilating systems to meet the requirements of the construction documents and design intent. This process includes:
A measure of the ability of a material to absorb solar radiation, expressed as a percentage of the solar radiation absorbed.
The time rate of heat flow through a unit area of homogeneous material in a direction perpendicular to isothermal planes, induced by a unit temperature gradient between the two surfaces.
A building area that is either (a) unconditioned (e.g., a garage), or that is (b) conditioned and controlled by at least one controlling device, such as a thermostat.
The number of degrees that a space temperature must change so that the heating (or cooling) system goes from full heating (or cooling) to no heating (or no cooling).
The sum of volatile organic compounds that can be analyzed and measured by EPA Method TO-1, calibrated referenced to toluene.
Materials and finishes which have the potential for short-term off-gassing, (a) because of the way they are manufactured or (b) because they contain solvents which evaporate during drying or curing. Type 1 finishes include:
Materials that are woven, fibrous or porous in nature and finishes which tend to adsorb contaminants associated with type 1 finishes. They also collect dust and can retain moisture, promoting mold growth. Type 2 finishes include:
The heat flow rate per unit area under steady state conditions from the fluid on the warm side of a building component to the fluid on the cold side, per unit temperature difference between the two fluids. For most applications the fluid is air.
Underwriters Laboratory (UL) certification that a manufacturer's product has been tested by UL to nationally recognized safety standards and found to be free from reasonably foreseeable risk of fire, electric shock and related hazards according to those standards.
Units with regular shape used for outdoor paving systems. In these systems voids between the unit pavers allow water to drain. Unit paver materials include concrete, brick, stone, plastic (discrete units or grid).
Subdivided area of the building served by one air handling unit.
Document outlining resource efficient measures used during construction to minimize waste generation, reuse and renovate existing structures, salvage existing materials and items for reuse or sale, reuse materials on-site, and recycle waste generated during the demolition and construction process.
Water that has been used at least once in a building.
Unidirectional use of untreated wastewater for a purpose with appropriately matched lower quality requirements.
Reuse of treated wastewater for purposes including the original use, involving repeated cycling of water through a system. Water recycling flow is not limited by input to the system, but it may be limited by increasing concentration of wastewater constituents that are not removed by treatment.
Unidirectional use of treated wastewater for another purpose, limited in quantity to the amount of water used for the original purpose.
An entire building, including the base building and all tenant spaces.
N.Y. Comp. Codes R. & Regs. Tit. 6 § 638.3