State approves $80M cost-saving fire safety variance for proposed Amazon warehouse in Orange County
New York state officials have approved a second variance for a controversial Amazon warehouse project in Orange County, allowing the developer to scale back standard fire code requirements — a decision that is drawing criticism from residents and safety advocates.
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New York state officials have approved a second variance for a controversial Amazon warehouse project in Orange County, allowing the developer to scale back standard fire code requirements — a decision that is drawing criticism from residents and safety advocates.
According to a decision issued by the NYS Department of State, the developer behind the proposed Amazon facility sought relief from fire safety requirements that would normally apply to a warehouse of this size. State documents show the project would span more than 3 million square feet, rise roughly 100 feet tall, and stand five stories high on McBride Road in the Town of Wawayanda — making it one of the largest warehouse facilities in the country.
Under New York’s Uniform Fire Prevention and Building Code, a building of this scale would typically be required to include extensive fireproofing of its structural steel, including spray-applied or encased fire-resistant materials designed to maintain the building’s structural integrity during a fire. The code would also limit how far workers could be from an emergency exit — generally no more than 250 feet.
The state decision says complying with those requirements would have cost the developer more than $80 million and delayed construction by six to eight months. Instead, the state approved what it describes as a “performance-based” fire safety design, allowing the project to move forward without traditional steel fireproofing and with longer distances to emergency exits — up to 400 feet.
The decision does not publicly spell out the technical details of that alternative design. Beyond general references to enhanced sprinkler systems, on-site fire safety staff, a fire command center and coordination with local fire services, the Department of State has not released documentation explaining how the alternate approach compares to standard fire code protections.
State records show the top four floors of the facility would be occupied by a semi-automated storage system using autonomous robots and estimate that up to 1,800 people could be working inside the building at one time.
Those details have raised alarms among residents, including members of the activist group Save Wawayanda. Founder Leslie Hanes said the facility could house as many as 6,500 lithium-ion battery-powered robots, which she believes poses a significant fire safety risk.
“We are not talking about maybe a couple of batteries going on fire,” Hanes said. “If you have some type of chain reaction here, it’s going to be mammoth.”
Hanes and other activists have pointed to a recent lithium-ion battery storage facility fire in Warwick as an example of why they believe fire safety standards should be strengthened, not relaxed.
“This is a trillion-dollar company,” Hanes said. “Amazon should be going above and beyond — not trying to cut corners.”
The fire safety variance is the second major variance approved to help move the project forward. The proposed warehouse has already drawn controversy over a height variance, two separate lawsuits challenging how it was approved, and an effort to secure $80 million dollars in tax incentives from the county, which was recently vetoed by a state monitor.
The Town of Wawayanda is served by a volunteer fire department. News 12 reached out to local fire officials for information about how the department would respond to an emergency at a facility of this size and scale but did not receive a response.
In a statement to News 12, the Department of State said the Regional Board of Review required the developer to meet fire safety conditions that go beyond the minimum standards of the state’s Uniform Fire Prevention and Building Code as a condition of granting the variance. The department said those added requirements supported the board’s finding that the approval would not substantially reduce health, safety, or security protections. State officials said the board determined the project qualified for a variance because alternative measures could achieve the intent of the fire code without a loss in the overall level of safety.
