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Oyster Bay, NY Building Safety: Green Building Code (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Citation
Oyster Bay Code § 93-27.1
Applies to
New 1-4 unit dwellings, effective Aug. 1, 2008
Compliance path
LIPA Builder Option Package or HERS 84+
Extra requirement
500 kWh/unit savings, mechanical ventilation
Adopted
Dec. 19, 2006, L.L. No. 12-2006
Authority
NY Energy Law Article 11, § 11-109

Summary

New one-, two- and multifamily dwellings in Oyster Bay must meet the New York ENERGY STAR Labeled Homes Program standards on top of the state Energy Conservation Construction Code. Town Code § 93-27.1 requires builders to certify compliance before a permit issues and pass field testing before getting a certificate of occupancy.

It is the purpose of this section to protect the public health, safety and welfare of the residents of the Town of Oyster Bay by mandating that any new one family, two-family, or multifamily dwelling shall comply with the guidelines of the New York ENERGY STAR® Labeled Homes Program (hereinafter "the Program"), as set forth by the Long Island Power Authority (hereinafter "LIPA"), thus ensuring that said dwelling will consume considerably less energy than if constructed under prevailing building standards.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4036544; v24 updated 2023-03-07; through 03-07-2023).

Full Breakdown

Adopted December 19, 2006 by Local Law No. 1 requires any new one-family, two-family or multifamily dwelling of four or fewer units to comply with the Long Island Power Authority's New York ENERGY STAR Labeled Homes Program, in addition to the state's Energy Conservation Construction Code. 1(C)(1): complete LIPA's Builder Option Package, or achieve a home energy rating of 84 or higher on the expanded Home Energy Rating System (HERS), corresponding to a HERS Index of 70 or less under the 2006 RESNET national standards.

1(C)(2) requires 500 kilowatt-hours of electricity savings per dwelling unit, an automatically controlled mechanical ventilation system, and, before a certificate of occupancy issues, passing combustion safety testing performed by a Building Performance Institute-certified analyst or an LIPA-approved equivalent. 1(C)(3) has required builders to certify compliance with the Program before the building permit is even issued, with field verification and testing completed before occupancy. 1(D): thermal envelope R-values and U-values, electrical savings and ventilation requirements, and equipment efficiency under LIPA's prescriptive Builder Option Package standards. The Town enacted this local energy code under the authority of the Consolidated Laws of New York, Energy Law Article 11, § 11-109, which lets municipalities adopt energy conservation codes more stringent than the state Uniform Building Code.

Violations & Fines

As part of Chapter 93, an ENERGY STAR violation is enforced under § 93-12's general chapter penalty: up to $350 or six months in jail for a first offense, $350 to $700 for a second offense within five years, and $700 to $1,000 for a third or subsequent offense within five years. Noncompliant dwellings can also be denied a certificate of occupancy.

Frequently Asked Questions

Do all new homes in Oyster Bay need ENERGY STAR certification?
Yes, for new one-family, two-family and multifamily dwellings of four or fewer units. Section 93-27.1 requires them to meet the New York ENERGY STAR Labeled Homes Program, in addition to the state's Energy Conservation Construction Code, before a certificate of occupancy is issued.
How do builders prove ENERGY STAR compliance?
Under § 93-27.1(C)(1), a builder must either complete LIPA's Builder Option Package or achieve a HERS score of 84 or higher, a HERS Index of 70 or less, and since August 1, 2008 must certify compliance before the building permit even issues.
What extra energy features are required beyond the HERS score?
Section 93-27.1(C)(2) also requires 500 kilowatt-hours of electricity savings per dwelling unit, an automatically controlled mechanical ventilation system, and passing Building Performance Institute combustion safety testing before a certificate of occupancy is issued, to protect against gas appliance hazards.
Do larger apartment buildings follow the same rule?
Multifamily buildings with more than four units, or shared egress, follow § 93-27.1(D) instead: certified compliance with thermal envelope R- and U-values, electrical savings and ventilation requirements, and LIPA Builder Option Package equipment efficiency standards before a permit issues.

Sources & Official References

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