§ 11-104. State energy conservation construction code. In addition to\nmeeting the purposes set forth in section 11-101 of this article, the\ncode shall be designed to satisfy the following specific criteria:\n 1. The code's standards and requirements, so far as may be\npracticable, shall be formulated in terms of performance objectives.\n 2. To the fullest extent feasible, use of modern technical methods,\ndevices and improvements which tend to minimize consumption of energy\nand utilize to the greatest extent practical solar and other renewable\nsources of energy without affecting reasonable requirements for the\nhealth, safety and security of the occupants or users of buildings shall\nbe permitted.\n 3. As far as may be practicable, the improvement of energy\nconservation construction practices, methods, equipment, materials and\ntechniques shall be encouraged.\n 4. The code shall provide reasonable uniform standards and\nrequirements for construction and construction materials for the\nimprovement of energy conservation construction practices.\n 5. The state fire prevention and building code council, in\nconsultation with the commissioner of the department of parks,\nrecreation and historic preservation, is authorized to adopt exemptions\nto such uniform standards and requirements for historic buildings as\ndefined in section 11-102 of this article, to the extent that the\nuniform standards and requirements would threaten, degrade, or destroy\nthe historic form, fabric, or function of such historic buildings.\n 6. (a) To the fullest extent feasible, the standards for construction\nof buildings in the code shall be designed to help achieve the state's\nclean energy and climate agenda, including but not limited to greenhouse\ngas reduction, set forth within chapter one hundred six of the laws of\ntwo thousand nineteen, also known as the New York state climate\nleadership and community protection act, and as further identified by\nthe New York state climate action council established pursuant to\nsection 75-0103 of the environmental conservation law.\n (b) In addition to the foregoing, to support the goal of zero on-site\ngreenhouse gas emissions and help achieve the state's clean energy and\nclimate agenda, including but not limited to greenhouse gas reduction\nrequirements set forth within chapter one hundred six of the laws of two\nthousand nineteen, also known as the New York state climate leadership\nand community protection act, the code shall prohibit the installation\nof fossil-fuel equipment and building systems, in any new building not\nmore than seven stories in height, except for a new commercial or\nindustrial building greater than one hundred thousand square feet in\nconditioned floor area, on or after December thirty-first, two thousand\ntwenty-five, and the code shall prohibit the installation of fossil-fuel\nequipment and building systems, in all new buildings after December\nthirty-first, two thousand twenty-eight.\n 7. (a) The provisions set forth in paragraph (b) of subdivision six of\nthis section shall not be construed as applying to buildings existing\nprior to the effective date of the applicable prohibition, including to:\n (i) the repair, alteration, addition, relocation, or change of\noccupancy or use of such buildings; and\n (ii) the installation or continued use and maintenance of fossil-fuel\nequipment and building systems, including as related to cooking\nequipment, in any such buildings.\n (b) In addition, in effectuating the provisions set forth in paragraph\n(b) of subdivision six of this section the code shall include exemptions\nfor the purposes of allowing the installation and use of fossil-fuel\nequipment and building systems where such are installed and used:\n (i) for generation of emergency back-up power and standby power\nsystems;\n (ii) in a manufactured home as defined in subdivision seven of section\nsix hundred one of the executive law; or\n (iii) in a building or pa
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