Understanding New York City’s New Rules for Energy Storage Systems (ESS)

Understanding New York City’s New Rules for Energy Storage Systems (ESS)

Energy storage systems (ESS) are an emerging technology in New York City real estate development and maintenance. As with almost anything new in building, there are new rules that apply to ESS.

What Are Energy Storage Systems?

In renewable energy production, like solar power and wind power, production can exceed demand. ESS stores this surplus energy for later use, reducing the impact of point load demand on the “traditional” grid and allowing for more consistent flow of energy even in times of lower production.

Why Are Rules Governing ESS Needed?

ESS can contain large amounts of power, so ensuring that they have structural integrity and are properly maintained is extremely important. Leaks, cracks, temperature swings, and technology issues could create life-safety issues if left unchecked.

Additionally, ESS owners and customers assume that the ESS will work properly. Everything from hospital equipment operation to apartment lighting could be impacted if the systems were to malfunction, especially if there were simultaneous issues with the traditional power grid.

What Are the New ESS Rules for New York City?

Previously, ESS were considered an “alternative material” under the New York City Construction Codes, meaning there was no explicit guidance on ESS use. The New York City Department of Buildings (DOB) has introduced two new rules to clarify how ESS are to be designed, installed, and maintained.

  1. Section 101-19: Comprehensive Requirements for ESS
    This new rule establishes the framework for ESS design, filing, construction, installation, commissioning, operation, maintenance, decommissioning, and reporting. It sets clear standards for every phase of an ESS project, from design to end-of-life removal.
  2. Section 3616-07: Modification to National Installation Standards
    The second rule adopts a modification to the national standard governing ESS installation requirements. This ensures that the City’s standards align with broader industry practices.

It is important to note that ESS will almost always require acceptance from the New York City Office of Technical Certification and Research (OTCR).

For architects and developers, these updates underscore the importance of early coordination with design teams, engineers, and permitting authorities when incorporating ESS into projects.

Update.