{"data":{"id":"us-nyc/n.y.c.-admin.-code-fc-309","jurisdiction":"us-nyc","citation":"N.Y.C. Admin. Code § FC 309","heading":"Section FC 309: Powered Industrial Trucks, Equipment and Mobility Devices","body":"309.1 General.\n\nPowered industrial trucks, powered industrial equipment and powered mobility devices shall be designed, operated and maintained in accordance with this section.\n\n309.2 Powered industrial trucks.\n\nPowered industrial trucks fueled by flammable or combustible liquids or flammable gases shall be designed and operated in accordance with FC 309.2.1 through 309.2.5.\n\n309.2.1 Hazardous locations.\n\nPowered industrial trucks that are operated in areas designated as hazardous (classified) locations in accordance with the Electrical Code shall be listed and labeled for use in such environments in accordance with NFPA 505. Entry by equipment that is not listed or approved as suitable for the specific classified location may be allowed for the purpose of maintenance or other necessary business operation where the owner has established an entry authorization procedure and has verified that the entry area is clear of hazardous environment and will remain so for the duration of the entry.\n\n309.2.2 Powered industrial trucks using flammable gas fuel.\n\nPowered industrial trucks that use LPG or other flammable gas as fuel shall be limited to one fuel container with a capacity not greater than 40 pounds (18.16 kg) or 340 SCF (9.63 m\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t3\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t) of flammable gas, whichever is less, except that powered industrial trucks used to resurface ice that are designed to operate with more than one such container shall be limited to operating with two such containers. Liquefied gas containers installed in a horizontal position shall be of such a design that the pressure relief valve will discharge vapor properly. Powered industrial trucks that use LPG or other flammable gas as fuel shall not be parked near open flames or other heat or ignition sources, or near open pits, underground entrances, elevator shafts, or similar areas. Such powered industrial trucks shall be stored and used in locations with adequate ventilation. It shall be unlawful to store or use such powered industrial trucks in a basement, cellar or other areas below grade.\n\n309.2.3 Fueling.\n\nPowered industrial trucks using a flammable or combustible liquid or flammable gas fuel shall be fueled in compliance with the requirements of FC 309.2.3.1 through 309.2.3.4.\n\n309.2.3.1 Location.\n\nAll fueling, including container replacement, shall be conducted outdoors or in areas specifically approved for that purpose, and in accordance with this code and the rules.\n\n309.2.3.2 Liquid fuels.\n\nFixed liquid fuel-dispensing equipment for powered industrial trucks shall be designed, installed, operated and maintained in accordance with FC Chapter 23. Emergency refueling of powered industrial trucks using portable containers shall be in accordance with FC Chapters 23 and 57. The engine of a powered industrial truck shall be shut off and the operator shall not be on or inside the truck during refueling.\n\n309.2.3.3 Container replacement.\n\nOutdoor connecting and disconnecting of fuel gas containers shall be conducted away from open pits, underground entrances, or other areas below grade, and away from all open flames or other heat or ignition sources. Fueling of powered industrial trucks shall be in accordance with FC Chapter 61, if LPG-powered, and FC Chapters 23 and 58, if CNG-powered, and the rules\n\n309.2.3.4 Hydrogen fueling.\n\nFilling of containers for powered industrial trucks with hydrogen, including metal hydride hydrogen storage system containers, shall be conducted in accordance with FC 2309.\n\n309.2.4 Repairs.\n\nRepairs to fuel systems or electrical systems, and repairs utilizing open flame or welding, shall be done in an indoor or outdoor location approved for that purpose.\n\n309.2.5 Storage.\n\nWhen not in use, powered industrial trucks shall be stored in approved designated storage areas. Each storage area shall be provided with a portable fire extinguisher complying with the requirements of FC 906 having a minimum 4-A:20-B:C rating.\n\n309.3 Battery-powered industrial trucks, industrial equipment and mobility devices.\n\nPowered industrial trucks, powered industrial equipment and powered mobility devices using a storage battery shall be designed in accordance with FC 309.3.1, and shall be charged and stored in a storage, charging and/or repair facility, including any storage or charging area in Group B, R-2 or M occupancy, that is designed, installed, operated and maintained in accordance with the construction codes, Electrical Code and FC 309.3.2 through 309.3.4.\n\nExceptions.\n\n1.\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t \n\t\t\t\t\t\t\t\t\t\t\t\t\tStorage and charging in a Group R-3 occupancy or in a dwelling unit in a Group R-2 occupancy of not more than 5 powered mobility devices using a storage battery, provided that such devices are for personal use.\n\n2. Charging of a single powered mobility device by and in the presence of its owner or user.\n\n309.3.1 Battery chargers.\n\nPowered industrial trucks, powered industrial equipment and powered mobility devices using a storage battery shall be charged in accordance with the manufacturer's instructions and the applicable listing standard using the original equipment manufacturer-supplied charging equipment, or other charging equipment suitable for the purpose, that is designed in accordance with applicable federal, New York State and/or New York City laws, rules or regulations, and listed:\n\n1. pursuant to UL Standard 1564 or other approved listing of an approved testing laboratory; or\n\n2. for use with the truck, item of equipment or device in accordance with UL Standard 2272, UL Standard 2849 or other approved listing of an approved testing laboratory.\n\n309.3.2 Battery inspection.\n\nA storage battery shall be inspected for cracks, punctures, leaking contents or other damage prior to charging or re-charging if the battery was dropped, involved in a collision or otherwise subjected to a potential mechanism of damage. Damaged batteries shall not be re-used. Damaged batteries and batteries at the end of their useable life shall be promptly removed from the premises and lawfully disposed of.\n\n309.3.3 Battery charging areas.\n\nPowered industrial trucks, powered industrial equipment and powered mobility devices using a storage battery shall be charged in a suitable indoor room or area or outdoor location that:\n\n1. has sufficient natural or mechanical ventilation in accordance with the Mechanical Code to prevent the accumulation of any flammable or other gases that may be discharged during normal charging operations;\n\n2. has an adequate electrical supply and a sufficient number of electrical receptacles to allow the charging equipment for each truck, item of equipment or device to be directly connected to a receptacle. Extension cords and power strips shall not be used. A minimum of 3 feet (914 mm) shall be maintained between each truck, item of equipment or device during charging operations;\n\n3. has an adequate electrical supply and a sufficient number of electrical receptacles to allow the charging equipment for battery packs and other removable storage batteries to be directly connected to a receptacle. Extension cords and power strips shall not be used. Battery packs and other removable storage batteries shall not be stacked or charged in an enclosed cabinet (unless the cabinet is specially designed and approved by the department for such purpose). Except as otherwise approved by the department, a minimum distance of 2 feet (610 mm) shall be maintained between each battery pack or other removable storage battery during charging operations, provided that the aggregate energy capacity of battery packs or other removable storage batteries that can be charged in a single fire area does not exceed 20 kWh. A minimum distance of 3 feet (914 mm) shall be maintained if the aggregate energy capacity exceeds 20 kWh. The aggregate energy capacity of battery packs or other removable batteries that can be charged in a single fire area shall not exceed 50 kWh.\n\n4. is not used for the storage of combustible materials, combustible waste or hazardous materials;\n\n5. is separated by a fire barrier with a minimum one-hour fire-resistance rating from areas in which repairs or other servicing is conducted on the storage battery or other electrical components of the truck, item of equipment or mobility device;\n\n6. where six or more trucks, items of industrial equipment or devices using a storage battery are being charged at a single indoor location, is dedicated for battery charging and secured from unauthorized entry; separated by a fire barrier which encloses the entire space with a minimum one-hour fire-resistance rating; and protected by a fire sprinkler system and one or more smoke detectors or smoke alarms. If the building or occupancy is equipped with a fire alarm system, the smoke detector shall be connected to such system. If the ambient temperature of the room during battery charging operations exceeds the limitations set forth in the manufacturer's instructions or the equipment listing, the room or area shall be temperature controlled to prevent over-heating or other unsafe battery condition; and\n\n7. is provided with a portable fire extinguisher complying with the requirements of FC 906 having a minimum 4-A:20-B:C rating.\n\n309.3.4 Storage areas.\n\nIndoor storage rooms or areas or outdoor enclosures used for the storage, but not charging or repair, of powered industrial trucks, powered industrial equipment and powered mobility devices using a storage battery shall comply with the requirements of FC 309.3.3(4), (5) and (7).\n\n309.3.5 Second-use batteries.\n\nIt shall be unlawful to:\n\n1. assemble or recondition a lithium-ion battery using cells removed from used storage batteries; or\n\n2. sell or offer for sale a lithium-ion battery that uses cells removed from used storage batteries.\n\n(L.L. 2023/042, 3/20/2023, eff. 3/20/2023)\n\n309.4 Enforcement of certification requirements.\n\nThe department is hereby authorized to enforce the provisions of section 20-610 of the administrative code, which, in part, prohibits the distribution, sale, lease, or rental of powered bicycles and powered mobility devices, as defined in that section, unless the storage batteries and electrical systems of such devices have been certified by an accredited testing laboratory, as defined in the rules of the Department of Consumer and Worker Protection.\n\n(L.L. 2024/050, 3/29/2024, eff. 9/25/2024)","path":["New York City Administrative Code","Title 29","Chapter 2: New York City Fire Code"],"source_url":"https://files.amlegal.com/pdffiles/NewYorkCity/Admin/XML.zip","current_through":"Local Law 2026/135 (enacted August 31, 2026)","vintage":"","retrieved_at":"2026-09-06T02:48:57Z","sha256":"0e5a1ad9a9f9c108acac4c2c7798c0bb28d1bf285bcbbbcd99e0335d7bc4bda3","source_id":"us-nyc","stale":false,"prev":"us-nyc/n.y.c.-admin.-code-fc-308","next":"us-nyc/n.y.c.-admin.-code-fc-310"},"notice":"GroundRules: Original legal text. Not legal advice."}