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