N.Y. Comp. Codes R. & Regs. tit. 6 § 638.9

Current through Register Vol. 46, No. 50, December 11, 2024

Section 638.9 - Recordkeeping and reporting

The following information must be retained, for inspection by the Department of Environmental Conservation upon request, at least until there is no remaining tax credit for the taxpayer to claim.

(a) General. Any pertinent information supporting that:

(1) the building meets applicable laws, ordinances, codes, regulations, industry guidelines, and other applicable requirements;

(2) invoices demonstrating that the appliances installed in a base building or tenant space are models with an Energy Star® label;

(3) the heating, cooling and service water heating equipment meets all requirements in section 638.7(b) of this Part.

(4) the ventilation and exchange of indoor/outdoor air meets requirements in section 638.7(e) of this Part;

(5) the ventilation for smoking areas meets requirements in section 638.7(f) of this Part;

(6) the air purging system meets requirements in section 638.7(g) of this Part;

(7) the fresh air intakes meet requirements in section 638.7(h) of this Part;

(8) the materials, finishes and furniture meet requirements in section 638.7(j) of this Part;

(9) plumbing fixtures meet requirements in section 638.7(k) of this Part; and

(10) buildings located in areas that do not have sewers or that have designated sewers meet requirements in section 638.7(l) of this Part.

(b) Energy use.

(1) Retain the input and output for all computer simulations performed to satisfy the requirements of section 638.7(c) of this Part; and the calculations performed to satisfy the requirements in section 638.7(c) of this Part. If the inputs and outputs do not meet the energy use standards of section 638.7(c) of this Part, then the requirements of section 638.7(c) of this Part must be met again.

(c) Indoor air quality.

(1) Information showing compliance with indoor air quality standards in section 638.7(d) of this Part.

(2) IAQ test protocol as required in section 638.7(d)(1)(iv) of this Part.

(3) IAQ test report as required in section 638.7(d)(1)(v) of this Part.

(4) Information showing compliance with the IAQ management plan during construction or rehabilitation in section 638.7(d)(2)(iii) of this Part. Information must include:

(i) construction details;

(ii) construction IAQ management plan; and

(iii) construction IAQ management report.

(5) Information showing compliance with the operations and maintenance IAQ management plan in section 638.7 of this Part.

(d) Buildings where water is not metered. Compliance report must be given to the owner and architect or engineer of record. The report must include:

(1) calculations (if applicable); and

(2) certifications.

(e) Commissioning. Information supporting the compliance with commissioning certificates and recommissioning certificates submissions.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 638.9