New Law Curtails Sale or Lease of Certain Lithium Ion Devices in NYC

Cozen O'Connor
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Cozen O'Connor

The sale or lease of certain powered bicycles, mobility devices, and lithium-ion batteries that do not meet the city’s standard for compliance will be curtailed pursuant to NYC Administrative Code Sections 20-609 and 20-610, which Mayor Adams signed into law on March 20, 2023. The law does not prohibit the use of such devices altogether, but the standards set by the city establish a good baseline for condo and coop boards to follow when setting rules within their buildings. The new standards are as follows:

  1. Such device has been certified by an accredited testing laboratory for compliance with Underwriters Laboratories (UL) standard (2271, 2272, or 2849 as applicable) or such other safety standard as the department has established by rule in consultation with the fire department; and
  2. Such certification, or the logo, wordmark, or name of such accredited testing laboratory is displayed: (i) on packaging or documentation provided at the time of sale for such storage battery; or (ii) directly on such storage battery.

The legislation also curtails the sale or lease of secondhand lithium-ion devices. The new law takes effect 180 days from the date of signature.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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