Revisiting ‘Wheelmageddon’ as micromobility devices continue to burst into flames

Batteries in e-bikes and e-scooters continue to spark fires and this time, it was close to home. In transit to our Polk Street office on Tuesday, we witnessed firefighters rush into a nearby multi-story apartment building on the 600 block of Ellis Street.

Fire Lt. Mariano Elias later said that the lithium battery of a scooter plugged in overnight could have started the one-alarm fire.

This is not an isolated incident. Giving juice to electronic bikes, scooters, hoverboards, or skateboards has caused tremendous fire damage compounded by the chemicals that compose lithium batteries. They tend to flashover and expand rapidly, making these fires difficult to extinguish.

Keenly aware of the fire dangers, many landlords prohibited the charging of personal micromobility devices at the property with blanket bans. The California legislature, then, was tasked with creating a balance. On the one hand, these devices play an important role in the public transportation network and are essential for many people with disabilities. On the other hand, lawmakers recognized the hazards of charging these devices. Senate Bill 712 was the solution.

As of January 1, 2024, housing providers must either:

1. Allow occupants to store and charge devices within their dwelling unit, provided that certain conditions are met OR in the alternative,

2. Accommodate occupants with appropriate long-term storage and recharging outside the unit.

Let’s take on these two options separately.

Safety standards for micromobility devices 

For a tenant to charge their micromobility device inside the unit, the battery must meet specific safety standards and not pose a risk to the property.

For e-bikes, UL 2849, the Standard for Electrical Systems for E-bikes, as recognized by the United States Consumer Product Safety Commission, or EN 15194, the European Standard for electrically powered assisted cycles (EPAC Bicycles).

Let's say a battery fails to meet these standards. Housing providers are entitled to prohibit the tenant from charging the device inside the unit and furthermore, mandate that the tenant maintain liability insurance if they store the device in the rental unit.

If the device’s battery is certified, landlords can prohibit charging in common areas or unsafe locations, such as hallways or stairwells, to comply with applicable fire and safety codes. Tenants should also be admonished to follow guidelines for safe charging. Avoiding the use of incompatible chargers or daisy-chaining power strips, for example.

State law spells out what is considered “secure, long-term storage.” This is a location that checks all of these boxes:

(A) Access is limited to residents of the same housing complex.

(B) It is located on the premises.

(C) It is reasonably protected against precipitation.

(D) It has a minimum of one standard electrical connection for each personal micromobility device that will be stored and recharged in that location.

(E) Tenants are not charged for its use.

If the landlord elects to provide storage, the tenant can be prohibited from in-unit storage of these devices. Also, remember that while residents are permitted to perform minor maintenance tasks (e.g. changing a tire), major repairs can be restricted, especially when they involve batteries or motors.

Other provisions of state law

• Housing providers cannot deny a tenancy because the rental applicant owns a micromobility device.

• Tenant rights relating to storing and charging their micromobility devices do not extend to guests. A proper lease should clearly make this distinction and state that only tenants and occupants are allowed to store or charge their devices.

• Where we get into murky territory is when the tenant is disabled and the disability necessitates a micromobility device as a reasonable accommodation under fair housing laws. If this is the case, contact our office.

• The landlord does not need to modify the unit for the purpose of storing or charging a device but again, modifications may be required for disabled tenants or occupants with disabilities.

Complying with local rules

While we have given an overview of state law, some cities may have additional regulations relating to micromobility devices and their storage or charging. Our next article covers San Francisco’s applicable fire code that addresses Wheelmageddon.