[Added 8-14-2025 by Ord. No. 25-16]
LITHIUM-ION BATTERY
Means and includes a storage battery in which an electrical current is generated by lithium ions embedded in a carbon graphite or nickel metal-oxide substrate placed in a high-viscosity carbonate mixture or gelled polymer electrolyte.
POWERED MOBILITY DEVICES
Means and includes motorized bicycles, motorized scooters and other personal mobility devices powered by a lithium-ion or other storage battery. The term "powered mobility device" does not include wheelchairs, medical devices or other mobility devices designed for use by persons with disabilities or any motor vehicles, motorcycles or other mobility devices capable of being registered with the New Jersey Motor Vehicle Commission.
SECOND-USE LITHIUM-ION BATTERY
Means and includes a lithium-ion battery that has been assembled or reconditioned using cells removed from used batteries.
STORAGE BATTERY
Means and includes a secondary battery in which an ion (H+ from H20 in the nickel-metal hydride system, Li+ in the lithium-ion system) shuttles back and forth between anode and cathode during charge and discharge cycling, without requirement from other reactants.
A. 
No person shall distribute, sell or offer for sale:
(1) 
A second-use lithium-ion battery.
(2) 
A lithium-ion battery for a powered mobility device unless it has been listed and labeled by the Underwriters Laboratories, a nationally recognized testing laboratory or such other organizations as may be approved by the Fire Official, and such labeling is disclosed on the battery or on packaging for such battery.
B. 
No person shall assemble or recondition a lithium-ion battery using cells removed from used storage batteries.
C. 
Each noncompliant battery shall constitute a separate violation.
A. 
Any business within the Borough of Rockaway which distributes, sells, offers for sale or rents lithium-ion batteries and powered mobility devices, including scooters and bicycles, or which provides charging services for powered mobility devices, and that, at any time, has or maintains a total inventory or stock exceeding 35 lithium-ion powered batteries, shall be required to register with the Borough Fire Official in accordance with this section. All existing businesses shall register within 60 days of the effective date of this article.
B. 
Registration pursuant to this section shall be on the form prescribed by the Borough and shall contain the following information:
(1) 
The name of the business owner, property owner and, if applicable, authorized agent or representative;
(2) 
The direct mailing address of the business owner, property owner and, if applicable, authorized agent or representative;
(3) 
The direct telephone number for the business owner, property owner and authorized agent or representative;
(4) 
E-mail address for the business owner, property owner and authorized agent or representative;
(5) 
The name and 24-hour contact telephone number of a representative of the local property management company responsible for the security and maintenance of the property; and
(6) 
A certificate of insurance in compliance with § 173-7 of the Borough Code and N.J.S.A. 40A:10A-1.
C. 
Upon receipt of a complete registration application, the Borough Fire Official shall issue a certificate of registration. The business shall display the certificate of registration in the licensed premises.
D. 
Any business subject to this section shall be required to provide written notice to the Borough Fire Official within 30 days of any changes in the registration information and shall file an amended registration with the Fire Official.
E. 
Any business subject to this section shall be subject to inspections by the Borough Fire Official.
All businesses subject to registration under § 139-10.3 of this article shall be required to:
A. 
Maintain records of lithium-ion batteries and powered mobility devices in their possession and the date, place and manner of disposal of all defective and discarded batteries;
B. 
Ensure that all lithium-ion batteries kept on the premises are stored in a fire-resistant storage cabinet or in such other manner as may be approved by the Fire Official in accordance with accepted nationally recognized standards for fire prevention and public safety;
C. 
Ensure that all areas in which lithium-ion batteries are charged or stored have sufficient natural or mechanical ventilation in accordance with applicable codes to prevent the accumulation of any flammable or other gases that may be discharged during normal charging operations;
D. 
Ensure that all areas in which lithium-ion batteries are charged or stored are equipped with proper functioning smoke detectors or smoke alarms and adequately protected by an approved fire sprinkler system, fire alarm system, fire extinguisher, fire containment system or such other fire prevention or suppression systems, devices or equipment as may be approved by the Fire Official in accordance with accepted nationally recognized standards for fire prevention and public safety; and
E. 
Ensure that all areas where lithium-ion batteries are charged or stored are temperature controlled to prevent over-heating or other unsafe battery conditions.
A. 
A violation of this article shall be punishable by a warning or fine as set forth in this chapter.
B. 
Each violation of this article shall constitute a separate violation independent of any other section, or any order issued pursuant to this chapter. Each day's failure to comply with this article or subsection shall constitute a separate violation.