L.L. 2022/047

Enactment date: 1/15/2022

Int. No. 2430-A

By Council Members Borelli, Gennaro, Kallos and Louis (by request of the Mayor)

A Local Law to amend the New York city fire code, in relation to the advancement and regulation of energy storage systems and the adoption of current fire safety standards as incorporated in the 2015 edition of the international fire code.

Be it enacted by the Council as follows:

Section 1. Legislative intent. This local law arises from the mandate of section 29-104 of the administrative code, which requires the fire commissioner to review the latest edition of the international fire code and submit to the city council such proposed amendments to the New York city fire code as the fire commissioner determines should be made. Section 29-104 was enacted by local law 26 of 2008, which adopted a new fire code for New York city based on the international fire code, with amendments to reflect the unique New York city environment. The first code revision cycle was completed with the enactment of local law 148 of 2013, commonly referred to as the 2014 fire code. This local law completes the second code revision cycle and amends the 2014 fire code to incorporate new fire safety standards and technologies adopted or reflected in the international fire code since the 2009 edition that was the basis for the 2014 fire code. The fire code amendments enacted by this local law include a comprehensive revision of the requirements for energy storage systems, with the goal of establishing a regulatory framework that opens the door to the use of lithium-ion and other new battery technologies to power buildings and building systems, while assuring appropriate building fire safety. These technologies offer the potential to increase energy efficiency and reduce New York city's carbon footprint. The amendments enacted by this local law will fulfill the goal of local law 26 of keeping the New York city fire code current and relevant to the fire safety challenges facing New York city.

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[Consolidated provisions are not included in this Appendix A]

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§ 4. All actions and proceedings, civil or criminal, commenced prior to the effective date of this local law in accordance with any provision repealed by this local law and pending immediately prior to the taking effect of such repeal may be prosecuted and defended to final effect in the same manner as they might if those provisions had not been repealed.

§ 5. Rules promulgated by the fire commissioner in accordance with the law in effect prior to the effective date of this local law shall remain in effect for the matters covered to the extent that such rules are not inconsistent with the New York city fire code, as added by this local law, unless and until such rules are amended or repealed by the fire commissioner.

§ 6. Notwithstanding any other law or rule, tables, figures or equations in PDF or other electronic format to be added to the New York city fire code or amended pursuant to this local law need not be underlined to denote new matter being added. The absence of underlining to denote new matter being added shall not affect the validity of new tables, figures or equations in PDF or other electronic format to be added to the New York city fire code or amended pursuant to this local law.

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[Consolidated provisions are not included in this Appendix A]

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§ 8. This local law shall take effect 90 days after the date of enactment, except that section FC 511.7 of chapter 5 of the fire code shall take effect one year from the date of adoption of a zoning amendment exempting from the calculation of the building floor area ratio storage spaces for pre-positioned department equipment. The fire commissioner may take prior to such effective date any administrative actions necessary for the timely implementation of this local law, including but not limited to the promulgation of rules.