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27 Jul 2024

New York Drafts Updates to Its Fire Code to Address Battery Storage Growth

27 Jul 2024   
Governor Kathy Hochul announced updates to the New York Fire Code addressing recommendations from the Governor’s Interagency Fire Safety Working Group. The draft code language includes updates and additions to improve coordination, safety, and emergency preparedness in the planning of energy storage projects.

“Battery storage is a key element to building a green economy here in New York, and we have taken comprehensive efforts to ensure the proper safety standards are in place,” Governor Hochul said. “With updating fire codes, we’re ensuring that New York’s clean energy transition is done safely and responsibly.”

Governor Hochul convened the Working Group in 2023 to ensure the safety and security of energy storage systems, following fire incidents at facilities in Jefferson, Orange, and Suffolk Counties. The Working Group was tasked with independently examining energy storage facility fires and safety standards and creating a draft fire code Recommendations Report.

Proposed recommendations include:

Requiring industry-funded independent peer reviews for all BESS installations exceeding energy capacity thresholds established for lithium-ion batteries;

Requiring that qualified personnel or representatives with knowledge of the BESS installation are available for dispatch within 15 minutes and able to arrive on scene within four hours to provide support to local emergency responders in the event of a BESS fire.

Extending safety signage requirements beyond the BESS unit itself to include perimeter fences or security barriers and include a map of the site, BESS enclosures, and associated equipment.

Removing the fire code exemption for BESS projects owned or operated by electrical utilities to ensure that all projects comply with the fire code.

Including a requirement that every BESS facility is equipped with an Emergency Response Plan (ERP) and site-specific training to be offered for local fire departments to familiarize them with the project, hazards associated with BESS, and procedures outlined in the ERP.

Including a fire code requirement in all BESS installations for monitoring of fire detection systems by a central station service alarm system to ensure timely, proper notification to the local fire department in the event of a fire alarm.

Introducing a new provision in the fire code mandating regular industry-funded special inspections for BESS installations to ensure thorough safety and compliance.

“Lithium-ion batteries and energy storage facilities play a large role in New York’s work toward achieving our clean energy goals,” said Secretary of State Walter T. Mosley. “Governor Hochul recognized the importance of putting the proper safety standards in place for this new, but critical, technology, and this draft language based on recommendations from the Governor’s Working Group will help ensure the safe operation of these facilities into the future.”

15 draft recommendations were proposed by the working group after examining existing FCNYS and other energy storage fire safety standards. The group previously released initial data finding no reported injuries nor harmful levels of toxins detected following fires at battery energy storage systems in Jefferson, Orange, and Suffolk Counties last summer.

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