N.Y. Comp. Codes R. & Regs. tit. 16 § 233.8

Current through Register Vol. 46, No. 25, June 18, 2024

Section 233.8 - Waivers

(a) The utility may waive the requirements in section 233.7 of this Part where:

(1) the applicant for service can establish through two estimates, one of which may be a utility audit, that the purchase price and installation charge (excluding interest charges) will be greater than seven times the anticipated annual savings to be obtained (based on the present cost of the fuel currently used in the building);

(2) the dwelling is an historical building; or

(3) other measures have been taken so that the overall heat loss for the building envelope does not exceed the total heat loss which would result from conformance with the minimum requirements of section 233.7 of this Part. Such a heat loss calculation must be certified by a licensed architect or engineer.

(b) In the case of a dwelling having a flat roof, or having four or more stories and converting to gas service in a temperature-controlled service classification, compliance with the roof insulation standard will not be required if four or more inches of insulation are already in place or if insulation can be installed only by means of cutting an opening in the roof.

(c) In the case of a dwelling having six or more stories, storm windows will not be required as long as the utility certifies that the dwelling's windows are caulked and weatherstripped. This certification shall be made in writing to the commission. A storm window will not be required on any window opening onto a fire escape.

(d) Copies of waivers granted or denied by a utility shall be made available to the commission. Applicants denied waivers shall be informed of their right to appeal that denial to the commission.

(e) The commission may grant a waiver of the requirements of section 233.7 of this Part for just cause after an applicant for gas or electric service has been denied a waiver by the utility.

N.Y. Comp. Codes R. & Regs. Tit. 16 § 233.8