NY’s Chief Fire Marshall Urges Congress to Address Fire Risk of Lithium-Ion Batteries

Fire officials say lithium-ion battery fires have increased by 900 percent over a four-year period in New York City.
NY’s Chief Fire Marshall Urges Congress to Address Fire Risk of Lithium-Ion Batteries
An electric scooter with a battery sits parked outside of a Bronx supermarket the day after a fire tore through a market that fire officials are blaming on a faulty lithium-ion battery in New York City, on March 6, 2023. (Spencer Platt/Getty Images)
Jana J. Pruet
2/17/2024
Updated:
2/17/2024
0:00

New York City’s chief fire marshall urged House lawmakers to pass legislation mandating safety standards for lithium-ion batteries.

“To grasp the urgency of this problem, it’s important to understand that fires caused by lithium-ion batteries are more intense and more dangerous than traditional, smoldering fires,” Chief Fire Marshall Daniel Flynn of the New York City Fire Department testified during Thursday’s hearing before the Homeland Security Subcommittee on Emergency Management and Technology.

Mr. Flynn said lithium-ion battery fires “instantly” create conditions that make it more difficult for people to escape to safety.

“They undergo a series of explosions, releasing highly toxic gasses and projecting flaming cells that can travel great distances, increasing the likelihood that the fire will spread,” he said. ”These fires instantly create severely dangerous conditions, rendering escape for anyone nearby significantly challenging. This is especially true if a fire occurs at night when an occupant is sleeping.”

In 2023, lithium-ion batteries caused 268 fires in New York City, killing 18 and injuring another 150 people.

“Lithium-ion battery fires require large volumes of water to suppress and can reignite spontaneously, making them extremely difficult for firefighters to extinguish,” Mr. Flynn also explained to the House subcommittee.

The New York Fire Department has urged Congress to pass H.R. 1797, sponsored by Congressman Ritchie Torres (D-N.Y.). The bill, known as “Setting Consumer Standards for Lithium-ion Batteries Act,” would issue a consumer product safety standard for rechargeable lithium-ion batteries used in eBikes, scooters, and other micromobility devices.

A test conducted by the Federal Aviation Administration to see if a single lithium ion battery would start a chain reaction with other of lithium ion batteries if it happened to explode. (DOT/FAA/TC-TN12/11)
A test conducted by the Federal Aviation Administration to see if a single lithium ion battery would start a chain reaction with other of lithium ion batteries if it happened to explode. (DOT/FAA/TC-TN12/11)

Mr. Torres said injuries caused by lithium-ion battery fires often involve eBikes or scooters, and that these types of fires have surged by 900 percent over a four-year period in New York City alone. His legislation is co-sponsored by Republican Rep. Anthony D'Esposito who chaired Thursday’s hearing.

Last March, New York City Mayor Eric Adams signed into law a package of bills aimed at reducing fires through the regulation of lithium-ion batteries and safety education.

“Today, we are supercharging safety for all of our e-bikes and e-scooter users,” Mr. Adams said in a press release on March 20. “These are convenient transportation options for New Yorkers, but faulty and illegal devices are making their way into our homes and streets, causing fires and putting lives at risk.
“Through promoting safe devices, expanding education, increasing enforcement on high-risk situations, and pursuing additional regulation, I’m proud that New York City is leading that charge. E-bikes and e-scooters are here to stay, and with this plan and these five pieces of critical legislation I’m proud to sign, we are going to ensure that they are safe for all New Yorkers to use.”

But despite efforts to increase safety within the city, the number of fires has continued to grow.

“We have regulated it within New York City. And we’ve seen many violations of that law that we put in place locally,” Mr. Flynn said. “We cannot regulate devices that are coming into the city from the surrounding area.”

The problem is not restricted to New York City; it is a national safety issue that puts all Americans and first responders at risk.

U.S. Fire Administrator Lori Moore-Merrell told the subcommittee members that lithium-ion batteries are an “attractive power option” for many everyday items but the fire risk increases when they “are damaged or used, stored, or charged incorrectly.”
“These batteries are changing the fire risk environment,” she explained. “In a ‘traditional’ fire, it typically takes about three minutes or more for a room to be engulfed, but now—with the increased prevalence of [lithium-ion] batteries—there is often only 15 seconds from the first sign of smoke to thermal runaway and explosion, with windows being blown out and fire burning in homes, apartments, and businesses.
“These rapid changes in fire dynamics lead to shorter escape times, shorter time to collapse, and other new and unknown hazards for everyday consumers and for firefighters.”

Mr. Torres, who sits on the House Select Committee on the Chinese Communist Party, asked whether battery quality plays a role in the increased fire risks.

Ms. Moore-Merrell said the United States gets the majority of its lithium-ion batteries from South Korea, Japan, and China, adding that its is the “huge unregulated market that poses the challenge to regulators.”

Lithium batteries displayed in the workshop of a lithium battery manufacturing company in Huaibei, eastern China's Anhui province, on Nov. 14, 2020. (AFP via Getty Images)
Lithium batteries displayed in the workshop of a lithium battery manufacturing company in Huaibei, eastern China's Anhui province, on Nov. 14, 2020. (AFP via Getty Images)
Mr. Torres likened the problem to the fentanyl crisis.

“I sit on the China committee, and part of the problem is the lack of safety regulation,” Mr. Torres said. “Just like the flow of drug precursors from China, perpetuating opioid deaths in America, the flow of poorly manufactured lithium-ion batteries from China is perpetuating fire deaths in America. I feel strongly that Congress should act swiftly to lower the de minimis threshold for imports in order to prevent poorly manufactured lithium-ion batteries from saturating the American market.”

Mr. D'Esposito said he believes passing the legislation could save lives.

“This is a case where it’s going to legitimately save people’s lives,” he said.

Mr. Torres said he is hopeful that his bill, which has already advanced out of a different House committee, will make it to the floor this year.

“It’s a matter of homeland security. The United States is effectively importing ticking time bombs into American homes and businesses,” he said. “New York City is ground zero for the lithium-ion fire safety crisis in America.”

Jana J. Pruet is an award-winning investigative journalist. She covers news in Texas with a focus on politics, energy, and crime. She has reported for many media outlets over the years, including Reuters, The Dallas Morning News, and TheBlaze, among others. She has a journalism degree from Southern Methodist University. Send your story ideas to: [email protected]
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