By Forum Staff
The City on Tuesday announced expanded regulations to protect New Yorkers from the dangers of uncertified lithium-ion batteries.
Through Local Laws 49 and 50 of 2024 that recently took effect, the City now has the authority to padlock — or close — any brick-and-mortar retailer that repeatedly violates the City’s regulations on the sale of uncertified batteries and battery-powered micromobility devices. Local Law 39, which originally took effect in September 2023, mandates that all battery-powered micromobility devices — including electric bicycles, electric scooters, and the batteries those devices use — must be certified to accredited lab safety standards as set forth by local law to be sold or rented in the five boroughs.
In addition to the authority to close repeat violators, the maximum penalty for violating the certification requirements will increase to as much as $2,000 per device type. The new laws also require retailers — including those online — to publicly display the City’s new fire safety disclosure sign to help consumers understand certification and how to safely store and charge battery-powered micromobility devices. The safety disclosure sign, which is available in multiple languages, will also be distributed to educate consumers. The law additionally mandates that online retailers must post certification information on the product page.
The City Department of Consumer and Worker Protection and the City Fire Department have partnered to conduct joint inspections to ensure compliance with the law and make sure that batteries and devices are being safely charged. FDNY’s E-Safety Task Force — which has inspected businesses to ensure safe charging since 2022 — has conducted 983 inspections, issued 782 summonses, including 77 criminal summonses, 367 violation orders, and 20 vacate orders with the Department of Buildings.
Since Local Law 39 of 2023 went into effect on Sept. 16, 2023, DCWP has conducted over 650 inspections and issued over 275 violations to local brick-and-mortar retailers, both independently and in conjunction with FDNY’s E-Safety Task Force and issued 40 cease-and-desist letters and over 25 violations to online retailers.
Under Local Law 39, all devices and batteries must be certified by an accredited testing laboratory in compliance with Underwriter’s Laboratory (UL) standards if they are being sold, leased second-hand, or rented:
- Electric bicycles must be certified in compliance with UL standard 2849.
- Other battery-powered mobility devices, like electric scooters, must be certified in compliance with UL standard 2272.
- Batteries must be certified in compliance with UL standard 2271.
According to the City, businesses that sell batteries or battery-powered micromobility devices must ensure they are certified and display the certification, logo, or name of the testing laboratory on the device, packaging, or documentation that will be provided to consumers at the time of sale.
“Every year, far too many New Yorkers experience devastating tragedy as a result of uncertified lithium-ion batteries,” said City Councilmember Joann Ariola (R-Ozone Park), chairwoman of the Committee on Fire and Emergency Management. “These new regulations will help to protect the people of this city from these devices and are steps towards ensuring that no one in the future needs to suffer again because of a lithium-ion battery fire.”
