§ 101-19 Energy Storage Systems.
RCNY § 101-19
(a)Applicability and scope. This section governs the design, filing, construction, installation, commissioning, operation, maintenance, decommissioning of and establishes reporting requirements for the following categories of energy storage systems (ESS): (1) ESS that exceed the minimum aggregate capacities established in NFPA 855 when installed indoors.
(2)ESS that exceed the minimum aggregate capacities established in the New York City Fire Department’s (FDNY) rules when installed outdoors.
(3)Indoor and outdoor ESS installations associated with one- and two-family dwellings.
(b)Definitions. For the purposes of this section, the following terms have the following meanings: (1) Certificate of Approval (COA). As defined in the New York City Fire Code (Fire Code).
(c)Codes. All work relating to the design, filing, construction, installation, commissioning, operation, maintenance, decommissioning and reporting of ESS must comply with the requirements of the New York City Construction Codes (Construction Codes) set forth in title 28 of the Administrative Code of the City of New York. All such work must also comply with the requirements of the New York City Electrical Code (Electrical Code), the Fire Code, the New York City Energy Conservation Code, the New York City Zoning Resolution, the FDNY rules, the DOB rules, and any other applicable laws and rules.
(d)General design and installation requirements for ESS.
(1)Indoor ESS systems must comply with the following requirements: (i) ESS must comply with NFPA 855.
(ii)Equipment listing, testing, evaluation, and certification: (A) ESS must be listed in accordance with UL 9540, as referenced in section 3616-07 item 2.3.7, unless specifically exempted by NFPA 855. (B) UL 9540A, as referenced in section 3616-07 item 2.3.7, large-scale fire testing must be performed on all ESS, unless specifically exempted by NFPA 855. (C) A COA must be obtained, as required by the Fire Code and FDNY rules.
(e)Construction document approval. An application for construction document approval for construction related to an ESS must be filed with DOB. Construction documents filed in connection with the ESS and related construction must comply with the requirements of the Construction Codes. In addition, such applications must include the following information, as applicable: (1) Plans and specifications associated with the ESS submitted in accordance with NFPA 855.
(4)For a site installation, the site plan must show access to energy storage equipment and site buildings for firefighting in accordance with the Fire Code and for maintenance.
(5)Proof of compliance with the flood-resistant construction requirements of the New York City Building Code (Building Code).
(6)When a site-specific approval is required pursuant to subdivision (f) of this section, an Office of Technical Certification and Research (OTCR) conditional acceptance letter.
(7)When a site-specific approval is not required pursuant to subdivision (f) of this section, an application for construction document approval must include: (i) A COA issued by FDNY for the proposed ESS; and (ii) Where required by the Fire Code or the FDNY rules, Installation Approval issued by FDNY.
(f)Site-specific review.
(i)Peer reviewer. The peer reviewer(s) must be one or more engineers licensed and registered in the state of New York with relevant experience with and knowledge about fire protection engineering and ESS applications and systems. The peer reviewer must also: (A) Be retained by the owner of the ESS and be approved by DOB prior to commencing the review, (B) Be independent from the registered design professional of record; and (C) Avoid conflicts of interest by not engaging in any activities that might compromise their objective judgment and integrity, including but not limited to having a financial or other interest in the design, construction, installation, manufacture or maintenance of the structures or components that they are reviewing.
(iii)The peer reviewer(s) must prepare a report summarizing the findings of the peer review. OTCR will not issue a conditional acceptance letter for the ESS site-specific review in accordance with paragraph (4) of this subdivision until a peer review report has been submitted indicating the ESS design shown on identified plans and specifications complies with the requirements of this section. Such report must be separately signed and sealed by each peer reviewer.
(iv)If a dispute arises between the registered design professional of record and the peer reviewer regarding compliance with the provisions of this section and the parties are unable to resolve the dispute, such dispute must be reported to DOB in the form of a letter from the registered design professional of record. DOB will either resolve the dispute or to allow a change of the peer reviewer(s).
(v)The registered design professional of record for the ESS retains sole responsibility for the design of the ESS. The activities and reports of the peer reviewer(s) do not relieve the registered design professional of record of this responsibility.
(g)Certificate of occupancy. Where the ESS is not accessory to the principal use on the same zoning lot, a new certificate of occupancy must be issued by DOB to reflect the zoning Use Group of the non-accessory ESS pursuant to Article 118 of Title 28 of the Administrative Code.
(h)Permits. Prior to any work being performed, permits must be obtained for both the construction work and the electrical work.
(j)Operation. An ESS may not be operated until the job sign-off has been completed in accordance with subdivision (i) of this section.
(k)Registration and reporting requirements. All system registrations and notifications must be in a form and manner prescribed by DOB. Registration is not required for lead acid and nickel cadmium batteries used for emergency, standby, or uninterruptable power supply (1) Where a new ESS is subject to the requirements of this section, building owners and property managers must register each new system with DOB prior to operation.
