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Uncertified Storage Batteries for Powered Mobility Devices

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Rule status: Proposed

Agency: FDNY

Comment by date: October 1, 2025

Rule Full Text
Notice-of-Proposed-Rule-309-01-Uncertified-Storage-Batteries-for-NYC-Rules-Publication-08-19-2025.pdf

The Fire Department proposes a rule addressing the fire and explosion hazard posed by uncertified storage batteries.

Send comments by

  • Email: [email protected]
  • Mail: Code Development Unit/Bureau of Legal Affairs/ NYC Fire Department, 9 Metrotech Center Room/Floor: 4W-6 ; Brooklyn, New York 11201

Public Hearings

Attendees who need reasonable accommodation for a disability such as a sign language translation should contact the agency by calling or emailing [email protected] by September 19, 2025

Date

October 1, 2025
11:00am - 1:00pm EST

Connect Virtually
email [email protected] for link
email [email protected] for dial-in information

Disability Accommodation

Comments are now closed.

Online comments: 10

  • Jason

    Is this rule intended to apply to batteries for e-bikes? Seems like it is, but I don’t think the proposed rule text actually achieves this. The definition for “powered mobility device” given by admin code 20-609 excludes e-bikes.

    Comment added August 23, 2025 12:02pm
  • Marc Boolish

    Pleases see the attached comments on FDNY’s proposed new rule addressing the fire and explosion hazard posed by uncertified storage batteries.

    Comment attachment
    PRBA-Comments-on-Proposed-Rule-3-RCNY-309.01-Uncertified-Storage-Batteries-for-Powered-Mobility-Devices.pdf
    Comment added September 4, 2025 1:36pm
  • Seth Levi

    The rule as written is vague on how exactly enforcement will work.

    Will law enforcement be allowed to stop cyclists and inspect bikes if they are unable to see markings on a bike that indicate the label is safe?

    What happens if the cyclist refuses to let their bike be inspected?

    Comment added September 9, 2025 11:37am
  • Adrian Kombe

    I want to know how this proposed rule would be enforced- are you going to stop every person with a device? Is there going to be targeted enforcement on high risk devices?

    Comment added September 14, 2025 12:33pm
  • Heather Mason

    Hello- I would suggest a modification to cover both powered mobility devices and powered bicycles as in line below:

    § 309-01 Uncertified Storage Batteries for Powered Mobility Devices and Powered Bicycles.

    (a) Scope. This section sets forth requirements for the storage, handling, use, charging, transport, sale, or possession of uncertified storage batteries, including but not limited to lithium-ion storage batteries, for powered mobility devices and powered bicycles subject to section 20-610 of the Administrative Code.

    (b) General Provisions.

    (1) Prohibition. It shall be unlawful to store, handle, use, charge, transport, sell, or possess a storage battery for a powered mobility device and powered bicycle unless such storage battery:

    (A) Has been certified by an accredited testing laboratory for compliance with Underwriters Laboratories (UL) standard 2271; or
    (B) Is a component part of a powered mobility device or powered bicycle that has been certified by an accredited testing laboratory for compliance with UL 2272 or UL 2849; or

    (C) Has been certified, or is a component part of a powered mobility device or powered bicycle that has been certified, by an accredited testing laboratory for compliance with a safety standard that the Department of Consumer and Worker Protection, in consultation with the Department, has established by rule pursuant to section 20-610 of the Administrative Code.

    (2) Absence of markings. If a storage battery is not labeled, the absence of a label, symbol, or other identifying mark of an accredited testing laboratory shall establish a rebuttable presumption that such battery has not been certified as required by paragraph (1) of this subdivision.

    (3) Enforcement. A storage battery that is confiscated pursuant to this section is presumed to pose a risk of fire and explosion and will be promptly disposed of in the interest of public safety. If a notice of violation issued pursuant to this section does not result in a finding of liability, the owner of the storage battery will be entitled to monetary compensation for the cost of the storage battery.

    Comment added September 19, 2025 7:48pm
  • Matt Moore

    Please see attached Comment submitted by PeopleForBikes.

    Comment attachment
    FDNY-Rule-Comment-Uncertified-Battteries.pdf
    Comment added September 30, 2025 4:07pm
  • Meghan Housewright, Government Affairs Lead, UL Solutions

    Please see attached letter.

    Comment attachment
    2025.09.30-ULS-Comments-on-FDNY-Rule-for-Uncertified-Batteries.pdf
    Comment added October 1, 2025 10:16am
  • Jonathan Cohen, Policy Director, NYSEIA

    New York Solar Energy Industries Association (NYSEIA) appreciates the opportunity to provide feedback on the Fire Department’s proposed rule 3 RCNY § 309-01, which addresses the urgent public safety risks posed by uncertified storage batteries, particularly those used in powered mobility devices such as e-bikes and e-scooters. Our comments can be found in the attached document.

    Comment attachment
    NYSEIA-Comments-in-Support-of-Proposed-Rule-3-RCNY-§-309-01_-Uncertified-Storage-Batteries-for-Powered-Mobility-Devices.pdf
    Comment added October 1, 2025 12:02pm
  • Scott Genzink

    Please see the attached letter.

    Comment attachment
    ULSE-Comments-on-FDNY-Rule-for-Uncertified-Batteries.pdf
    Comment added October 1, 2025 2:22pm
  • Jonathan Cohen

    Thank you to the Fire Department for holding this important hearing and for bringing attention to the critical issue of battery safety in New York City.

    At JOCO, safety has always been at the heart of our mission and we have a proven track record with 0 fire related issues in nearly 5 years of operations. We are the only company strictly providing UL Certified e-bikes and UL certified batteries that are not charged in the apartments of delivery riders.

    We support the new rule proposed by the FDNY to eliminate non-UL 2271 certified batteries and believe that future rules should also extend to non-UL 2849 certified e-bikes, since the entire e-bike and battery work together as a system.

    To further enhance safety, the FDNY should collaborate with providers of UL Certified e-bikes and batteries to make them more accessible. By working together it would prevent delivery riders from having to resort to unsafe alternatives. Regulatory efforts must avoid placing disproportionate burdens on providers who are already investing in safe, compliant solutions. A supportive, collaborative approach – rather than overly punitive measures -will empower responsible providers to expand safe infrastructure while advancing public safety.

    Thank you,

    Jonathan Cohen – JOCO

    Comment added October 1, 2025 2:42pm