Effective March 7, 2024, new fire code legislation takes effect for lithium-ion batteries for Powered Mobility Devices in San Francisco.

Following New York City in 2023 the city of San Francisco has developed a new fire code in effect as of March 7 regarding the use and charging of lithium ion batteries. Hopefully the US Consumer Product Safety Commission (CPSC) moved much faster on its hinting of taking action on batteries this year because to have many sets of state and local laws regarding batteries is going to be very confusing and disruptive for the industry. The longer the CPSC waits the worse this problem is going to get with conflicting state and local laws. Also some of these fire code issues like with this one deal with the storage and charging aspects (that affect users and more importantly retailers) that go beyond a "product only" design type of standard which I expect out of CPSC at some point.

The new code section available in full here defines Powered Mobility Devices (PMDs) as devices powered by a lithium-ion battery with the primary purpose of transporting people, such as electric bikes, scooters, hoverboards, or skateboards. PMDs do not include wheelchairs or other devices used by persons with disabilities.
- All PMDs in San Francisco must be Safety-Certified, which is defined as compliance with one of the following certification requirements:
 Underwriters Laboratories (UL) standards UL 2849 or UL 2272
 European (EN) standards EN 15194 or EN 17128
 Other safety standard of an accredited laboratory, approved by the San Francisco Fire Department.

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Congress tries to force CPSC to create mandatory standards for lithium batteries under the "Setting Consumer Standards for Lithium-Ion Batteries Act” introduced in March 2023

As we all know CPSC has been trying for force manufactures of e bikes and other related mobility devices to use existing UL standards in the manufacture of these devices. The worst offenders will of course ignore these polite non binding requests. We also know the CPSC is going to have a meeting in July 2023 to "discuss" batteries but we really are not sure what will come of such meeting(s). In the past the CPSC has resisted calls to create mandatory standards when in their opinion a voluntary standard seems to be solving the problem. (see 15 USC 2058)  Many have argued the voluntary UL standards are not working as adherence to them is low and only done by high end manufacturers. So Congress has stepped in under Senate bill 1008 introduced in March 2023. (in the same way they did to force the CPSC to create the massively confusing lead laws and related laws under CPSIA in 2008) Stay tuned to this blog for updates on the status of this bill.

Senate Bill 1008 (March 2023) (related bill HR 1797)

SECTION 1. Short title.

This Act may be cited as the “Setting Consumer Standards for Lithium-Ion Batteries Act”.

SEC. 2. Consumer product safety standard for certain batteries.

(a) Consumer product safety standard required.—Not later than 180 days after the date of the enactment of this Act, the Consumer Product Safety Commission shall promulgate, under section 553 of title 5, United States Code, a final consumer product safety standard for rechargeable lithium-ion batteries used in micromobility devices within the jurisdiction of the Commission, including electric bicycles and electric scooters, to protect against the risk of fires caused by such batteries.

(b) CPSC determination of scope.—The Consumer Product Safety Commission shall specify the types of rechargeable lithium-ion batteries and the types of micromobility devices within the jurisdiction of the Commission that are within the scope of subsection (a) as part of a standard promulgated under this section, as reasonably necessary to protect against the risk of fires caused by rechargeable lithium-ion batteries in consumer products.

(c) Treatment of standard.—A consumer product safety standard promulgated under subsection (a) shall be treated as a consumer product safety rule promulgated under section 9 of the Consumer Product Safety Act (15 U.S.C. 2058).

Law Offices of Steven W. Hansen | www.swhlaw.com | 562 866 6228 © Copyright 1996-2023 Conditions of Use