New York Consolidated Laws, Energy Law - ENG § 11-109. Municipal regulations

1. Nothing in this article shall be construed as abrogating or impairing the power of any municipality or the secretary of state to enforce the provisions of any local building regulations or the state uniform fire prevention and building code, provided that such local building regulations are not inconsistent with the code.  Nor shall anything in this article be construed as abrogating or impairing the power of any municipality to promulgate a local energy conservation construction code more stringent than the code, including but not limited to requirements for mandatory energy efficiency testing and ratings.

2. Any municipality which adopts a local energy conservation construction code in accordance with this section shall file a copy of such code and any amendments or revisions thereof with the state fire prevention and building code council within thirty days after promulgation or adoption of such local code or any amendments or revisions thereof.  If the municipality files such copy within such thirty day time period, the municipality may enforce such local code, amendment or revision until and unless the state fire prevention and building code council shall determine that such local code, amendment or revision is not more restrictive than the code.  If the municipality fails to file such copy within such thirty day time period, the municipality may not enforce such local code, amendment or revision until and unless the state fire prevention and building code council shall determine that such local code, amendment or revision is more restrictive than the code.