NYC Rules of the City of New York

§ 608-01 — Outdoor Stationary Energy Storage Systems.

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What is NYC RCNY § 608-01?

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(a) Scope. This section governs the design, installation, operation and maintenance of outdoor stationary energy storage systems for all energy storage uses, including outdoor stationary energy storage systems installed on a mobile trailer (or other form of mobile installation).

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Effective: 10/1/2019Last amended: 10/20/2023

§ 608-01. The approved listing standard and listings shall supersede the equipment approval process set forth in 3 RCNY § 608-01 and, to the extent addressed in such approved listing, the required separation distances.

RCNY § 608-01

(8)Manufacturer's requirements. Outdoor stationary energy storage systems shall be designed, installed, operated and maintained in compliance with the manufacturer's specifications.

(9)Multiple battery systems. Installation of more than one outdoor stationary energy storage system on a single premises requires Department review and approval and is subject to such additional or alternative requirements as the Department may impose in the interests of public safety. Multiple small outdoor stationary energy storage systems are not subject to this requirement if they: (A) are not part of a single installation or installed in a single enclosure; and (B) operate independently of each other and are not interconnected with other small, medium or large battery systems.

(10)Mobile battery systems. Outdoor stationary energy storage systems installed on a trailer or otherwise designed to be moveable for use at multiple locations shall be designed, installed, operated and maintained in compliance with the provisions of this section, including equipment approval, except as follows: (A) Installation approval (3 RCNY § 608-01(e)) is not required. The equipment approval application submitted to the Department pursuant to 3 RCNY § 608-01(d) shall include information and documentation relating to the design of the trailer and the installation of the battery system. Any limitations on the use of mobile battery systems will be addressed through conditions on the equipment approval. (B) Compliance with commissioning and decommissioning requirements (3 RCNY § 608-01(f)) is not required, except that decommissioning of a malfunctioning battery system shall be coordinated with the Department in accordance with 3 RCNY § 608-01(f)(3)(C).

(d)Equipment Approval. When required by Table 2 of this section, the design of each storage battery unit shall be approved by the Department. The manufacturer of the storage battery unit shall obtain a certificate of approval for such unit in accordance with FC 112, 3 RCNY § 112-01 and this section. The application for such equipment approval shall include the following information and documentation and such other information and documentation as the Department may require: (1) Any application filed with the Department of Buildings; and (2) The manufacturer's specifications and ratings, listing documents (including failure mode/effects analysis and, when required, complete UL Test Method 9540A test data or other approved data) for, and photographs of: (A) each type of storage battery unit; (B) the cabinet, container or other enclosure, and, if the installation consists of more than one storage battery unit, the arrangement of the storage batteries, including any rack storage (with seismic support criteria) and aisle dimensions; (C) energy storage management system (ESMS) operation; (D) any fire extinguishing system intrinsic to the unit or enclosure; (E) any fire detection and gas detection systems intrinsic to the unit or enclosure; and (F) any ventilation and/or exhaust system intrinsic to the unit or enclosure.

(e)Installation Approval. When required by Table 2 of this section, the design of each outdoor stationary energy storage system installation shall be approved by the Department. The owner shall obtain Department approval of the design and installation documents in accordance with this section. The application for installation approval shall include the following information and documentation and such other information and documentation as the Department may require: (1) Any application filed with the Department of Buildings; (2) The Department equipment approval for each battery system unit (or a separate application for such equipment approval); (3) A site plan containing the following information: (A) Exact location of the outdoor stationary energy storage system installation; including location of access panel or enclosure entrance(s); (B) Surrounding public streets, fire apparatus access roads and pedestrian walkways; (C) All buildings and structures on the premises (or within 100 feet, whichever is less), identified by occupancy group and construction type, and any measures to mitigate the impact of storage battery or battery system on adjoining buildings or structures or other site-specific hazard mitigation, including those required by a UL Standard 9540 hazard mitigation analysis. (D) Any walls or fencing enclosing the installation or the premises on which it is located. (E) All transportation and utility infrastructure, including electrical power lines, within 250 feet of the installation. (F) Location and content of signage. (G) Location and type of other outdoor stationary energy storage systems located on the premises or within 50 feet of the proposed installation (if 50 feet extends to other premises, as determined by visual inspection of the outdoor space or reasonable inquiry of the owner). (H) Emergency shutdown procedures, including the location of the outdoor stationary energy storage system emergency shut down control; and (4) A commissioning and decommissioning plan, including disposal procedures, in accordance with 3 RCNY § 608-01(f).

(f)Commissioning and decommissioning. Outdoor stationary energy storage systems shall be commissioned (installed and activated for use) and decommissioned (deactivated from use and removed from the premises) in accordance with the following procedures: (1) Commissioning. Outdoor stationary energy storage systems shall be installed by trained and knowledgeable persons in accordance with manufacturer's specifications. Upon completion of the installation, the certificate of fitness holder assuming responsibility for supervision of the battery system shall authorize it to be activated, after confirming that the battery system is in good working order and operating in accordance with manufacturer's specifications.

(2)Decommissioning. The certificate of fitness holder supervising an outdoor stationary energy storage system shall be responsible for its decommissioning. The deactivation, de-energizing, dismantling and removal of the outdoor stationary energy storage system shall be conducted by trained and knowledgeable persons in accordance with manufacturer's specifications. The owner, manufacturer, installer, hazardous materials carrier or other party responsible for removal, transportation and/or disposal of the outdoor stationary energy storage system shall ensure that the battery system is lawfully decommissioned, transported and disposed of in accordance with USDOT hazardous materials regulations and other applicable laws, rules and regulations. The owner, manufacturer or installer of outdoor stationary energy storage systems shall have an emergency management plan or protocol that includes procedures for notifications and technical assistance in accordance with 3 RCNY § 608-01(i)(4) and (5) and all other actions necessary for mitigation and decommissioning (or restoration to normal operation).

(3)Notice to Department. Notice of the commissioning and decommissioning of stationary energy storage systems shall be given to the Department¸ and the removal of a malfunctioning system coordinated with the Department, as follows: (A) Small battery systems. The owner or certificate of fitness holder shall notify the Department of the commissioning or decommissioning of a small outdoor stationary energy storage system, by emailing to [email protected] no later than two (2) business days after installation, the battery type, manufacturer and rated energy capacity, and the name and certificate of fitness number of the certificate of fitness holder who will be, or is no longer, responsible for supervision of the system. (B) Medium and large battery systems. The owner shall notify the Department of the commissioning or decommissioning of a medium or large outdoor stationary energy storage system and give Department representatives the opportunity to attend the commissioning or decommissioning to monitor the process; familiarize themselves with a commissioned battery system's installation and operation; and/or confirm the proper decommissioning of a battery system in accordance with the approved decommissioning plan. The owner shall notify the Department by emailing the date, location, type and size of the battery system installation to [email protected] not later than two (2) business days prior to the scheduled action. No confirmation is required and the scheduled action can proceed in the Department's absence. If the action is rescheduled, amended notice shall be given to the Department in as timely a manner as circumstances allow. (C) Decommissioning of malfunctioning battery system. The removal and transportation of any battery system that has given abnormal temperature or gas emission readings as a result of physical damage, exposure to fire or other actual or potential cause of damage, shall be coordinated with the Hazardous Materials Unit of the Department's Bureau of Operations, who may send representatives to monitor the decommissioning process. The Hazardous Materials Unit shall be notified two (2) business days prior to the scheduled action, or in as timely a manner as circumstances allow, by calling the Department Communications Office in the borough in which the battery system is located.

(g)General Design and Installation Requirements. When required by Table 2 of this section, outdoor stationary energy storage systems shall be designed and installed in accordance with the following requirements: (1) Location and construction. Outdoor stationary energy storage systems shall be located and constructed in accordance with the following requirements: (A) Outdoor location. Stationary energy storage systems shall be located outdoors. This includes rooftops when authorized by this section. Medium and large battery systems shall not be installed in enclosed areas without direct access from a public street, or fire apparatus access road, unless full-scale testing demonstrates intrinsic safety, or hazard mitigation measures that the Department determines to be appropriate for the particular location are provided. (B) Fire Department access and water supply. Where feasible, a direct, unobstructed pathway shall be provided from the battery system installation to the public street or fire apparatus access road on which the premises fronts. Outdoor stationary energy storage systems located more than 250 feet from a hydrant shall be provided with a private hydrant or other approved water supply for firefighting operations in accordance with FC 507. (C) Separation distances. Outdoor stationary energy storage systems shall be located a minimum of 10 feet from the following exposures, except where lesser or greater distances are required by the equipment approval or installation approval based on full-scale testing data that indicate that a battery system fire will or will not adversely impact one or more of the following exposures: (1) Lot lines; (2) Public streets, fire apparatus access road, public walkways and other public ways; (3) Any vehicle parking; (4) Any building entrance, openable window, or ventilation intake; (5) Any exit discharge or other means of egress from a building or outdoor area; (6) Any outdoor hazardous materials or combustible materials storage facility or area; (7) Any outdoor storage facility or area for high-piled combustible materials or other combustible items; (8) Overhead power lines or other aboveground electrical installation, measured from the boundary of the utility easement or, if there is no easement, from the vertical plane of the installation at its widest point; and (9) Any public utility or transportation infrastructure. (D) Rooftop locations. Outdoor stationary energy storage systems may be located on a building rooftop, subject to the following requirements: (1) The building roof covering or roofing system, or other approved material placed underneath the rooftop battery system installation, shall be noncombustible for a distance of five (5) feet from such installation.

(4)Any dunnage or other structural support for the battery system installation shall have a minimum one (1) hour fire rating for small and medium battery systems and two (2) hours for large battery systems.

(5)On rooftops of buildings provided with a standpipe, a minimum of two (2) standpipe hose outlets shall be provided within the building bulkhead, in accordance with FC 912, at an approved distance from the outdoor stationary energy storage system installation sufficient to ensure safety of firefighting operations. On rooftops of buildings that do not have a standpipe, an approved water supply source shall be provided for firefighting operations. If a standpipe is provided for the battery system installation, the fire department connections shall be identified by durable signage or markings conspicuously posted at street level in accordance with FC 912.

(6)Rooftop installations shall comply with the separation distances set forth in 3 RCNY § 608-01(g)(1)(C) for means of egress; hazardous materials or combustible materials storage facility or area; overhead power lines or other aboveground electrical installation; public utility or transportation infrastructure; and other outdoor stationary energy storage system installations.

(7)Rooftop installations shall be located a reasonable distance (but not less than 10 feet) from the bulkhead entrance door or other rooftop access location pursuant to 3 RCNY § 608-01(g)(1)(D)(3).

(h)Enclosure Design and Installation Requirements. When required by Table 2 of this section, outdoor stationary energy storage systems housed in a shipping container or other type of outdoor enclosure (but not a storage battery system housing, except as otherwise provided in 3 RCNY § 608-01(h)) shall be designed and installed in accordance with the following requirements: (1) Human occupancy prohibited. No outdoor stationary energy storage system shall be housed in an enclosure used for human occupancy. Access to such an enclosure (whether walk-in or reach-in) shall be provided solely for maintenance purposes, including inspection, testing, servicing and repair of the battery system.

(i)Operational and Maintenance Requirements. Outdoor stationary energy storage systems shall be operated and maintained in accordance with this section.

(1)Remote monitoring of energy storage management system and reporting. The owner of a outdoor stationary energy storage system shall arrange for data transmissions from the battery system's energy storage management system to be continuously monitored (on a 24/7 basis) by a remote monitoring facility staffed by trained and knowledgeable persons retained by the manufacturer or installer of the battery system. The remote monitoring facility shall, without delay, make the following notifications in the event a battery system installed in New York City exceeds or appears likely to exceed thresholds at which fire, explosion or other serious adverse consequences may result: (A) Notify the Department by calling the Communications Office in the borough in which the battery system is located, to alert the Department to the unsafe condition; (B) Notify the certificate of fitness holder responsible for the battery system, in a pre-arranged manner, to alert such individual to be ready to provide technical assistance to the Department and/or respond to the incident location in accordance with 3 RCNY § 608-01(i)(4) and (5); and (C) Notify the manufacturer of the battery system to make a qualified representative available to provide technical assistance to the Department pursuant to 3 RCNY § 608-01(i)(4).

(j)Recordkeeping Requirements. A written record of the following information shall be maintained at the premises or other approved location by the certificate of fitness holder, and, for medium and large battery systems, by the owner or operator of the battery system: (1) Battery system installation and commissioning; (2) Battery system maintenance, including all inspections, servicing and repair; (3) Battery system decommissioning and removal; (4) Installation and maintenance of battery system fire protection systems, including all inspection, testing, servicing and repair; and (5) Fires or other incidents involving or affecting the battery system. (Added City Record 8/20/2019, eff. 10/1/2019; amended City Record 9/20/2023, eff. 10/20/2023)

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