City Council Passes New E-Bike Regulations

Recently, the City Council passed a package of new e-bike regulations aimed at “strengthening fire safety related to E-Bikes and Lithium-ion Batteries.” While most of the below laws aren’t directed towards property management entities/landlords, it’s worth knowing what’s required so your team can have as much information as possible for any planning around these devices onsite.

Here’s the breakdown:

INT 663-A

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Sale, lease, and rental of specific devices
This specific law is centered around the sale, lease, and rental of “powered bicycles, powered mobility devices, and storage batteries for devices.” The main requirement (UL certified and clearly marked as such) aligns with the FDNY’s existing guidelines, listed here in their safety tips flyer. FYI – you can access the same document in multiple languages here.

That said, the law states the following: “No applicable device shall be required to display the certification or the logo, wordmark, or name of an accredited testing laboratory…” if it’s being sold or leased second-hand, or is being rented; AND does not included packaging, or does not include printed documentation at the time of distribution, sale, lease, rental, or offer for sale, lease, or rental, as applicable.

Still, failure to comply can result in civil penalties for subsequent violations (within two years of the date of a first violation). First violations are $0, with subsequent civil penalties being no more than $1,000.

This law goes into effect 180 after days after signing – in this case, late September 2023.

INT 752-A

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Lithium-ion batteries
The NYC Fire Code has been amended to include restrictions on second-use batteries. It shall be unlawful to assemble or recondition using, or sell/offer for sale a lithium-ion battery that uses cells removed from used storage batteries.

The FDNY will engage in an outreach campaign to stores performing repairs on powered mobility devices informing them of this law.

INT 722-A

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FDNY reporting
Per the new law, “No later than January 30, 2024, and within 30 days after the beginning of each of the four following calendar years, the fire department shall submit to the speaker of the council a report relating to safety measures to mitigate fire risks posed by powered mobility devices.” This would include:
  • Information on all fires that occurred during the prior calendar year in which powered mobility devices were determined to be the cause (including location, occupancy type, circumstances around relevant fire code/admin code compliance)
  • A review of fire/admin code provisions governing the “purchase, use, storage and charging of powered mobility devices, and an evaluation of additional local measures, regulatory or otherwise,  that could further mitigate fire risks posed by powered mobility devices”
  • A summary of relevant actions taken by the FDNY, including related inspections, enforcement actions, and other fire prevention activities

INT 749

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Safety mitigation information for food delivery workers
Businesses using bicycles for commercial purposes must provide materials identified by DCWP, no later than 60 days after they’re published. This includes materials made in conjunction with the FDNY to help mitigate fire risks posed by powered mobility devices.

Third-party food delivery and courier services are called out explicitly here for providing materials to delivery workers. This law goes into effect 180 days after the below law (656-A), so September 2023.

INT 656-A

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Informal Campaign for Storage & Charging

FDNY will (in consultation with DCWP) develop an “informational campaign” to educate the public on fire risks posed by powered mobility devices, and safety measures to mitigate such risks. 

This includes information about purchasing devices and equipment, maintenance and care of the same, and storage and charging precautions. More information to come once the FDNY goes through the process of creating additional content here.

This law goes into effect immediately.

As a reminder, information about e-Bike safety was included in this year’s FDNY Bulletin (sent as part of the annual safety notice mailings send, or separately during FDNY safety week). You can access the isolated Bulletin here. We’ll keep you posted on any additional information, events, and news from the FDNY. In the meantime, be sure to review the above to determine any property-specific policies your team may have regarding lithium device storage and safety.

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About the Author

Kristen Hariton

Kristen Hariton is the Vice President, Product Engagement at SiteCompli, focused on exploring new solutions and innovations in property operations tech. When she's not sharing the latest industry trends, changes, and updates, she's planning her next adventure to Walt Disney World.