Subchapter 2: Powered Mobility Devices

Editor's note: Former Subchapter 2 (Charcoal) was repealed by L.L. 2021/080, 7/18/2021, eff. 11/15/2021. For related unconsolidated provisions, see Appendix A at L.L. 2021/080.

§ 20-609 Definitions .

For purposes of this subchapter, the following terms have the following meanings:

   Powered bicycle. The term "powered bicycle" means a bicycle with electric assist as defined in section 102-c of the vehicle and traffic law.

   Powered mobility device. The term "powered mobility device" means an electric scooter as defined in section 114-e of the vehicle and traffic law or successor provision or other personal mobility device powered by a lithium-ion or other storage battery. The term does not include powered bicycles, wheelchairs or other mobility devices designed for use by persons with disabilities, or any vehicle that is capable of being registered with the New York State Department of Motor Vehicles.

   Stock keeping unit. The term "stock keeping unit" means each group of items offered for sale of the same brand name, quantity of contents, retail price and variety.

(L.L. 2023/039, 3/20/2023, eff. 9/16/2023)

Editor's note: Former § 20-609 (Charcoal) was repealed by L.L. 2021/080, 7/18/2021, eff. 11/15/2021. For related unconsolidated provisions, see Appendix A at L.L. 2021/080.

§ 20-610 Sale, lease, and rental of powered bicycles, powered mobility devices, and storage batteries for such devices .

   a.   No person shall distribute, sell, lease, rent or offer for sale, lease or rental a powered bicycle unless:

      1.   The electrical system for such bicycle has been certified by an accredited testing laboratory for compliance with Underwriters Laboratories (UL) standard 2849, 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 powered bicycle; or (ii) directly on such powered bicycle or the battery of such bicycle.

   b.   No person shall distribute, sell, lease, rent, or offer for sale, lease, or rental, a powered mobility device unless:

      1.   The electrical system for such powered mobility device has been certified by an accredited testing laboratory for compliance with Underwriters Laboratories (UL) standard 2272, 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 powered mobility device; or (ii) directly on such powered mobility device or the battery of such device.

   c.   No person shall distribute, sell, lease, rent or offer for sale, lease or rental a storage battery for a powered bicycle or powered mobility device unless:

      1.   Such storage battery has been certified by an accredited testing laboratory for compliance with Underwriters Laboratories (UL) standard 2271, 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.

   d.   No powered bicycle or powered mobility device, or storage battery for a powered bicycle or powered mobility device, shall be required to display the certification or the logo, wordmark, or name of an accredited testing laboratory as required by subdivision a, b, or c of this section if such powered bicycle, powered mobility device, or storage battery: (i) is being sold or leased second-hand, or is being rented; and (ii) does not include packaging, or does not include printed documentation, at the time of distribution, sale, lease, rental or offer for sale, lease or rental, as applicable.

   e.   No person shall distribute, sell, lease, rent or offer for sale, lease or rental a powered bicycle, powered mobility device, or storage battery for a powered bicycle or powered mobility device online unless the certification, or the logo, wordmark, or name of such accredited testing laboratory is displayed on the online product listing page.

   f.   A person who violates this section, or any rule promulgated thereunder, is liable for a civil penalty as follows:

      1.   For the first violation, a civil penalty of zero dollars; and

      2.   For each subsequent violation of subdivision a, b or c of this section issued on a different day within two years of the date of a first violation, a civil penalty of not more than two thousand dollars; and

      3.   For each subsequent violation of subdivision e or h of this section issued on a different day within two years of the date of a first violation, a civil penalty of not more than five hundred dollars.

   g.   Each failure to comply with this section with respect to any one stock keeping unit constitutes a separate violation.

   h.   Records. Any person who distributes, sells, leases, rents, or offers to sell, lease or rent a powered bicycle, powered mobility device, or storage battery for a powered bicycle or powered mobility device shall maintain proof of certification that each such bicycle, device, or battery complies with under this section. All records required by this subdivision or by the commissioner by rule shall be maintained for three years and shall be made available to the department or the fire department electronically upon request, consistent with applicable law and in accordance with rules promulgated hereunder and with appropriate notice.

   i.   The commissioner, or the fire commissioner, after providing notice and an opportunity to be heard, shall be authorized to order the sealing of any premises where any person has been found:

      1.   to have violated this section on at least three occasions within a three-year period; or

      2.   to have violated any rule promulgated pursuant to this section, on at least three occasions within a three-year period.

   j.   Any authorized officer or employee of the department, or of the fire department, shall have the power to enforce this section or any rule promulgated pursuant to this section.

(L.L. 2023/039, 3/20/2023, eff. 9/16/2023; Am. L.L. 2024/050, 3/29/2024, eff. 9/25/2024)

Editor's note: Former § 20-610 (Punishment) was repealed by L.L. 2021/080, 7/18/2021, eff. 11/15/2021. For related unconsolidated provisions, see Appendix A at L.L. 2021/080 and L.L. 2024/050.

§ 20-610.1 Fire safety; posting of information.

   a.   Definitions. For purposes of this section, the term “powered bicycle or powered mobility device business” means a business that sells, leases or rents powered bicycles or powered mobility devices, or batteries used by such bicycles and devices.

   b.   The commissioner shall, in coordination with the fire department, develop informational materials regarding lithium-ion and other storage battery safety to be posted by powered bicycle or powered mobility device businesses.

   c.   Powered bicycle or powered mobility device businesses shall conspicuously post such materials near the location where powered bicycles or powered mobility devices are offered for sale, lease or rent.

   d.   Powered bicycle or powered mobility device businesses operating an online retail platform shall conspicuously post a hyperlink to such materials from each webpage where powered bicycles or powered mobility devices are offered for sale, lease or rent.

   e.   The violation of any provision of this section shall be punishable by a civil penalty of up to $150 for a first violation, up to $250 for a second violation, and up to $350 for a third or subsequent violation. Each day in which a violation continues constitutes a separate violation. Any authorized officer or employee of the department, or of the fire department, shall have the power to enforce this section or any rule promulgated pursuant to this section.

   f.   The commissioner, in collaboration with relevant agencies, shall conduct culturally appropriate outreach in designated citywide languages, as defined in section 23-1101, to alert powered bicycle or powered mobility device businesses to the requirements of this section.

(L.L. 2024/049, 3/29/2024, eff. 9/25/2024)

Subchapter 3: Etching Acid*

* Editor's note: there are two subchapters designated as Subchapter 3.

§ 20-611 Definitions.

Whenever used in this subchapter, the following terms shall have the following meanings:

   1.   "Dealer of etching acid" shall mean any person, firm, partnership, corporation or company that engages in the business of dispensing etching acid.

   2.   "Dispense" shall mean to dispose of, give away, give, lease, loan, keep for sale, offer, offer for sale, sell, transfer or otherwise dispose of.

   3.   "Etching acid" shall have the same meaning set forth in subdivision e of section 10-117.

   4.   "Personal information" shall mean data pertaining to the purchaser of etching acid that may be used to identify such purchaser. Such information shall be limited to the purchaser's name, address, type of identification used in the purchase, identification number, if applicable, the date of purchase and amount of acid dispensed to the purchaser.

   5.   "Purchasing records" shall mean all written or electronically recorded personal information about a purchaser of etching acid gathered at the time of purchase by a dealer of etching acid as required by this subchapter.

§ 20-612 Requirements for purchase or sale.

   1.   Every dealer of etching acid shall request valid photo identification from each purchaser of etching acid at the time of such purchase and contemporaneously record in writing or electronically such purchaser's personal information.

   2.   No person shall purchase etching acid without first providing his or her personal information to the dealer of etching acid pursuant to this subchapter. It shall be an affirmative defense to a violation of this subdivision that the dealer failed to request personal information from the purchaser of etching acid.

   3.   It shall be unlawful for any person to dispense etching acid to any person without recording such purchaser's personal information.

§ 20-613 Posting notice.

Every dealer of etching acid shall conspicuously post at every table, desk or counter where orders are placed and/or payment is made a notice, the form and manner of which are to be provided by rule of the commissioner, indicating that all purchasers of etching acid shall be required to provide valid photo identification and their personal information and such information shall be recorded by the dealer of etching acid prior to purchase.