Third Party Support Resources
Recognizing that opportunities to advance progress on building energy codes and catalyze greenhouse gas reductions are vital to New York State’s ambitious Climate Leadership and Community Protection Act (Climate Act), NYSERDA seeks to support technical and online energy code compliance capacities in Authorities Having Jurisdiction (AHJs). The use of third-party support resources such as the: Third-Party Manual; List of Qualified Third-Party Support Providers; and Residential and Commercial Building Plan Review and Inspection Checklists addresses existing time and resource constraints faced by code enforcement officers, improves the consistency of energy code compliance, and allows for streamlined and transparent building plan reviews and inspections. Sections [NY] R105, [NY] R106, [NY] C105 and [NY] C106 authorize AHJs to use qualified third-party providers to review plans and inspect for compliance with the ECCCNYS 2020 and other pertinent laws or ordinances in relevant commercial and residential buildings.
(All information, content, and materials are for general informational purposes only and not for the purpose of providing legal advice. Use of, and access to this information does not create an attorney-client relationship between the reader or user and its authors. All liability with respect to actions taken or not taken based on the contents provided herein are hereby expressly disclaimed)
Third-Party Support Manual
This Manual was developed by NYSERDA in support of energy code advancement and compliance in New York State. The voluntary guidance provided in the Manual and the associated checklists are designed to help AHJs interested in utilizing third-party support providers to plan check and inspect for compliance with the 2020 Energy Conservation Construction Code of New York State (ECCCNYS 2020) and ASHRAE 90.1-2016, as amended by 19 NYCRR Part 1240 or locally adopted energy code including NYStretch Energy Code 2020 (NYStretch 2020). The Manual provides information for voluntary use by AHJs, Third-party Support Providers and Permit Applicants using a Third-party Support Provider. It should be clearly noted that AHJs are directly responsible for ensuring all compliance by any and all third-party support provider. All parties are advised to act in accordance with the "Responsibilities of Permit Applicants and Design/Construction Teams" section of the Manual including information related to conflict of interest and ethical conduct rules and considerations.
Read the Third Party Support Manual [PDF].
List of Qualified Third-Party Support Providers
This list of qualified third-party support providers is a voluntary resource made available for interested AHJs to use as they deem necessary. Third-party support providers should be contracted directly by the permit applicant (project owner, owner’s agent, or operator permitting on behalf of the project owner). Third-party support providers act in the interest of the permit applicant by ensuring code compliance for the project and as a partner to the AHJ by ensuring compliance for buildings within the community. It is critical the third-party support provider act ethically and avoid conflicts of interest in delivery of all services provided.
It should be clearly noted that:
- Overall responsibility for the implementation of energy code compliance as well as any commercial and residential building plan reviews and inspections resides with the AHJs.
- AHJs should consult with their legal counsel and code enforcement staff in implementing any, and all building plan reviews and inspections related to any third-party support provider.
- NYSERDA is only responsible for reviewing third-party support provider applications against the published pre-selected qualification requirements referenced in RFQL 4698.
(Please note RFQL 4698 includes an online portal application that allows for the selection of qualified third-party providers for five provider roles. The online portal requires all individual applicants to fill out a series of contact information related queries, to upload supporting documents related to their current certifications, valid professional licenses, curriculum vitae (CV), proof of insurance coverage and license to do business in NYS and attest to having completed the requisite training and other related queries as specified).
Third-Party Support Checklists: ADA Compliant and Dynamic
The following ADA COMPLIANT and DYNAMIC Building Plans Review and Inspection Checklists (Commercial and Residential) are envisaged as voluntary tools to build technical capacities within interested AHJs and are being provided within the context of the Third-Party Support and Advancing Code Compliance Technology Pilot Program (PON 4600). It should be clearly noted that:
- Overall responsibility for the implementation of commercial and residential plans and inspections resides with the AHJs. The checklists and forms are voluntary resources being made available for AHJs to deploy as they deem fit. AHJs should consult with their legal counsel and code enforcement staff in implementing any, and all building plan reviews and inspections related to any third-party support provider.
- These checklists are subject to revisions and updates and are dependent on practical experiences and implementation feedback from AHJs to NYSERDA.
(Appendix C of the Third-Party Support Manual associated with PON 4600 references and summarizes these checklists. As previously stated, all liability with respect to actions taken or not taken based on the contents provided herein are hereby expressly disclaimed)
** Please note: Both the Dynamic and ADA Compliant Building Plans Review and Inspection Checklists were developed in partnership with our technical partner NORESCO for voluntary use within the context of the Third-Party Support component of PON 4600 and RFQL 4698. Additional queries related to these checklists, PON 4600 and RFLQL 4698 may be directed towards: [email protected]
- NYSERDA Residential Building Plans Review Checklist
- NYSERDA Residential Building Inspection Checklist
- NYSERDA Commercial Building Plans Review Checklist
- NYSERDA Commercial Building Inspection Checklist
- NYSERDA hosted a Webinar showcasing the use of Dynamic Building Plan Review and Inspection Checklists on March 22, 2022. The webinar recording can be found here.
- NYSERDA hosted an informational webinar on January 26, 2022. The presentation can be found here. [PPT]
In partnership with NORESCO, NYSERDA has developed a three-part video series to support our efforts. The broad topics covered in the three-part series videos are as follows:
- Video 1: Third Party Support Overview, Application and Qualification Process for Providers
- Video 2: Roles and responsibilities, Conflicts of Interest and Quality Assurance
- Video 3: Checklists and Forms Please view all three videos in the series.