FDNY Releases Regulatory Agenda for FY 2025
Expect new rules involving lithium batteries, ARCS, and emergency plans.
The NYC Fire Department (FDNY) recently released its 2025 regulatory agenda. The FDNY anticipates issuing new rules in three areas. Under the City Administrative Procedure Act, city agencies must publish annual regulatory agendas with information such as a summary of each anticipated rule, its objectives and legal basis, and a description of the individuals and organizations that are likely to be subject to the rule.
For fiscal year 2025, the Fire Department plans to issue rules regarding the enforcement of Local Law 39 of 2023, in-building radio communication systems, and emergency preparedness plans.
Local Law 39 Enforcement
Local Law 39 deals with the sale, lease, and rental of powered bicycles, powered mobility devices, and storage batteries. Under the law, powered bicycles refer to bicycles with electric assist and powered mobility devices means an electric scooter or other personal mobility device powered by a lithium-ion or other storage battery.
The dangers posed by these devices and their batteries are still making the news. Recently, 12 people were hurt when an apartment building in Gowanus went up in flames. According to the FDNY, lithium-ion batteries were discovered at the scene. And in other recent fire-related incidents, FDNY investigators determined that a massive house fire in Brooklyn and a huge barge fire in Queens were caused by lithium-ion batteries. The house fire was traced back to an electric stand-up scooter being stored inside.
While these rules may not impact owners and managers directly, their enforcement could impact resident safety. Also, these rules will mean the FDNY may be issuing violations to commercial tenants responsible for devices with lithium batteries.
The law requires the electrical system for the devices to have been certified by an accredited testing laboratory for compliance with Underwriters Laboratories (UL) standard 2272. And the device in its packaging, documentation, or on the device itself must display the UL mark, which shows that the produce has been safety tested.
The FDNY’s agenda also incorporates Local Law 50 of 2024, which authorized the FDNY to enforce Local Law 39 and increased the penalties for those engaging in the sales, leases, and rentals of these devices who don’t comply. According to the FDNY’s agenda, its proposed rule in the second quarter of FY 2025 will facilitate the prosecution of Fire Department Summonses returnable at the NYC Office of Administrative Trials and Hearings (OATH) for these violations. The designation of such violations as hazardous, along with other conditions requiring prompt compliance and/or where a cure provision isn’t appropriate, would eliminate the opportunity to correct such violations without a hearing and penalty.
In-Building Auxiliary Radio Communications Systems
NYC Emergency Responders may lose communications when in-building radio signals are weakened by structures such as concrete, windows, and metal. The Auxiliary Radio Communication System (ARCS) Solution is a signal-boosting solution designed to enhance in-building radio frequency (RF) signal coverage for New York public safety radios. The FDNY plans to amend the existing rules to improve the efficiency of ARCS’ review and maintenance.
The proposed rules will affect owners of building required to install ARCS by modifying the technical criteria document. The changes will align with current FDNY radio systems and clarify and simplify the documentation required to be filed, which is intended to save building owners time and money. FDNY expects the rules to be proposed in the third quarter of FY 2024.
Emergency Preparedness Plans
The last area of focus for FDNY’s regulatory agenda concerns Emergency Action Plans (EAPs) and Fire and Emergency Preparedness Plans (FEPs). The proposed rule will implement the establish standards, procedures, and requirements for buildings and occupancies required to have these plans as set forth in Chapter 4 of the 2022 NYC Fire Code. This focus area generally affects owners of certain large buildings.
For apartment buildings, the 2022 NYC Fire Code requires a FEP (Level 2) plan for Group R-2 occupancies in high-rise megastructures and fire drills in high-rise megastructures. It also calls for reducing, from 150 feet to 125 feet, the height of buildings required to file non-sequential floor filing, to conform to other standards applicable to buildings of that height.
The proposed rule is intended to increase fire safety and non-fire emergency preparedness in buildings and occupancies required to have an emergency preparedness plan and is expected to be proposed in the fourth quarter of FY 2024. It will generally impact owners of specific large buildings and businesses that occupy them.