N.Y. Comp. Codes R. & Regs. tit. 16 § 233.3
Current through Register Vol. 46, No. 25, June 18, 2024
For any dwelling subject to the requirements of section 233.2(b) of this Part, a waiver from these requirements may be granted by:
(a) the utility, when the overall heat loss for the building envelope does not exceed the total heat loss which would result from conformance to the individual requirements. The heat loss calculations shall be certified by a licensed engineer or architect;(b) the utility, if 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 financing 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 dwelling;(c) the Public Service Commission for just cause, in unusual circumstances, if the applicant for gas or electric utility service has been denied a waiver pursuant to subdivision (a) or (b) of this section. A copy of each variance granted or denied by the utility shall be made available to the commission, and each applicant denied a variance shall be promptly informed by the utility of the right to appeal to the commission.
N.Y. Comp. Codes R. & Regs. Tit. 16 § 233.3