[Adopted 8-6-2009 by L.L. No. 7-2009]
As used in this chapter, the following terms shall have the meanings indicated:
NEW YORK STATE ENERGY STAR HOME
Any new one- or two-family dwelling or multiple-family dwelling of three stories or less, built to achieve a Home Energy Rating Score (HERS) of 84 or higher or HERS index of 80 or lower on a scale created under the Home Energy Rating System established pursuant to the National Home Energy Rating Technical Guidelines issued by the National Association of State Energy Officials, dated September 19, 1999, and which meets the following two additional requirements:
A. 
Must include a total of 300 kilowatt hours per dwelling unit of estimated annual savings from Energy-Star-labeled lighting and appliances; and
B. 
Must include the capability to deliver automatically controlled mechanical ventilation of at least 15 cubic feet per minute per dwelling unit, plus an additional 15 cubic feet per minute per bedroom.
No building permit shall be issued for a new one- or two-family dwelling or multi-family dwelling of three stories or less unless the applicant can demonstrate that the dwelling will meet the requirements for a New York Energy-Star-labeled home.
Prior to the issuance of either a temporary or permanent certificate of occupancy for the dwelling by the Building Inspector, the applicant shall submit Energy Star® certification documents including the positive results of field testing to the Building Inspector. This submission shall be accompanied by the applicant's affidavit, in the form attached to this chapter as Appendix A, affirming that the certification documents and field testing results are indeed for the dwelling for which either a temporary or permanent certificate of occupancy is sought.
This article shall be effective immediately upon filing of the same with the Secretary of State of the State of New York.