Electric Vehicle Charging Stations, Accessibility: FAQs

SCOPING QUESTIONS:

Can a single EV charger service two EV Accessible spots or does each spot have to have its own charger?

RESPONSE: A single multiport EV charger that can simultaneously charge two vehicles can be used to serve two EV spaces required to be accessible. An EV charger that can only charge one vehicle at a time cannot be used to serve two EV spaces required to be accessible. (see CBC Chapter 2 definition of “Electric Vehicle Charging Station”)

How can we address locations that do not have excess parking spaces and currently, cannot pass through plan check because the code says it’s now a “charging space” not a “parking space”? With the current requirements, you need more Van Accessible and ADA reserved parking spaces than required under code with the combination of EV charging and standard spaces. It puts an impossible burden on small parking lots in Irvine and San Diego which are strictly enforcing the interpretation of charging spaces.

RESPONSE: All work is required to comply with the applicable codes, standards and ordinances. Parking ordinances are typically adopted within each city and county in California. Consistent with the state’s policies on electric vehicles, DSA encourages city and county officials to recognize the necessary impact of EVCS and adopt responsive ordinances consistent with the local needs.

Can you upgrade/expand an existing location without adhering to ADA standards?

RESPONSE: No. To the extent that EVCS are a public accommodation or commercial facility they are covered by the federal law of the Americans with Disabilities Act. The new accessibility requirements in the CBC are intended to provide full compliance with the requirements of the ADA. Compliance will help property owners meet their legal obligations under the ADA and avoid costly legal actions.

Many properties do NOT have enough electricity available to support significant charging installations, so for now, utilities and others are doing “make ready” spaces (upgrading the supporting infrastructure in a parking space for future use without adding the actual charger). How would make ready spaces comply with the ADA standards? Additionally, consider a site with 10 make ready spaces. Would the standards apply differently if that site has no chargers presently installed versus having one active charger installed?

RESPONSE: The CBC definition for Electric Vehicle Charging Station (EVCS) describes “One or more electric vehicle charging spaces served by an electric vehicle charger or other charging equipment.” Where a vehicle space is not provided with a charger it is not, by definition, an EVCS. CBC Chapter 11B accessibility provisions only apply to vehicle spaces with a charger.

If the entire project consists of 10 vehicle spaces with the infrastructure installed, but without chargers, then CBC Chapter 11B accessibility provisions do not apply.

If the entire project consists of 9 vehicle spaces with the infrastructure installed, but without chargers, and one other vehicle space is provided with a charger, then the CBC Chapter 11B accessibility provisions apply only to the vehicle space with a charger.

It would be prudent for a designer to take into consideration the space requirements necessary for accessible EVCS based on the total projected number of EVCS planned for the site, in addition to future accessible route requirements, so that the future installation of EVCS can be accommodated, but accessibility provisions are not required unless electric vehicle charging equipment is installed.

For a new public building, if EV charging equipment is not installed at this time, what is the extent of the infrastructure that an installer is required to show for plan check review?

RESPONSE: Plans and specifications must accurately describe the full extent of the work to be performed. Some enforcement jurisdictions (primarily city- and county building departments) may have additional requirements.

Looking at Cal Green 5.106.5.3, we must provide the conduits and panel capacity for future installation for the required number of spaces (2 in this case). However, it is only when the equipment is to be installed that we need to refer to CBC and CEC. Section 11B-228.3.1 also reiterates this. Therefore, we would show the location of the conduit stub outs adjacent to 2 current parking spaces and would show space on the electric panel for the future equipment – and that is all. At this time, we do not need to show the requirements for EV accessibility when equipment is installed per Chapter 11B. Is my interpretation correct?

RESPONSE: CBC Chapter 11B accessibility provisions for EVCS apply when a project consists of one or more electric vehicle charging spaces served by an electric vehicle charger or other charging equipment. Where the project does not provide charging equipment the code does not require the provision of accessible routes or other vehicle space accessibility requirements. However, it is good practice to notify the owner or owner’s representative of any additional code requirements that will be triggered by the later installation of charging equipment. The owner can use this information to determine the sequence and extent of work to be included in each phase of the project.

All work is required to comply with the applicable codes and standards. Plans and specifications must accurately describe the full extent of the work to be performed. Some enforcement jurisdictions (primarily city- and county building departments) may have additional requirements.

We are also being asked to show the future space for the 1 Van accessible EV space that would be required in the future, if the equipment was installed. And due to the requirement for the access aisle beside this space, in the future it would be converted to an access aisle resulting in the loss of one parking space. As this project is right at the required number of parking spaces per zoning, it is not acceptable to the zoning reviewer to sign off on a plan that shows a “future access aisle for future EV van accessible charging space,” as they are approving the loss of a parking space, even though this would not happen until a future condition, upon which I assume there would be some review process for installation of EV charging equipment. What is the appropriate path forward in this situation?

RESPONSE: All work is required to comply with the applicable codes, standards and ordinances. Parking ordinances are typically adopted within each city and county in California. Consistent with the state’s policies on electric vehicles, DSA encourages city and county officials to recognize the necessary impact of EVCS and adopt responsive ordinances consistent with the local needs.

On existing locations when we add an EV station as van accessible how do we address taking two spaces from the facility (losing a space) and then not having the mandatory spaces remaining for the facility?

RESPONSE: All work is required to comply with the applicable codes, standards and ordinances. Parking ordinances are typically adopted within each city and county in California. Consistent with the state’s policies on electric vehicles, DSA encourages city and county officials to recognize the necessary impact of EVCS and adopt responsive ordinances consistent with the local needs.

I fully support ADA requirements and the DGS' efforts. We are reconstructing a 325 space parking lot. 8% will be EVSE ready. 32 EVSE will be installed initially. Including EVSE required ADA spaces, new plan results in 322 spaces. Parking facility no longer complies with minimum parking requirements for facilities. Any suggestions for resolving this conflict for reworking of existing sites subject to CALGreen?

RESPONSE: Parking ordinances are typically adopted within each city and county in California and enforced by local planning department personnel. You could consider requesting a variance from full compliance with the parking requirements substantiated by the benefits of electrical vehicle use which relies on installed infrastructure.

There does not seem to be a distinction between different EVCS standards (Level 1, Level 2, DC CHAdeMO, DC CCS, and Tesla). Does the schedule defined in Table 11B-228.3.2.1 make a distinction between the different types of EVSE standards or are that all considered to equivalently be an EVCS?

RESPONSE: The CBC Chapter 11B accessibility requirements for EVCS do not distinguish between the different EVCS standards like those listed. However, building officials may view different types of service as separate facilities. Where different types of EVCS service are provided at a location, the code enforcement official must determine the applicability of Table 11B-228.3.2.1.

When developing the CBC Chapter 11B accessibility provisions for EVCS, it was DSA’s intent to provide a reasonable portion of all EVCS facilities as accessible to and usable by persons with disabilities.

We often see projects of gas station replacing old fuel dispensers with access compliance fuel dispensers (reach range, operable parts, point-of-sale). According to Section 11B-202.4, Exception 10, these projects would be required to comply with accessibility for primary accessible path to inside the convenient store at the gas station, public restrooms, drinking fountains, public telephones, and signs (with 20-percent limit of adjusted construction cost). Is my understanding correct regarding the replacement of old/addition of new fuel dispensers?

RESPONSE: Exception 10 to Section 11B-202.4 is only applicable to the installation of EVCS – the exception does not apply to gasoline filling equipment. However, Section 11B-202.4 Exception 8 may be used when replacing gasoline fuel dispensers.

Is DSA aware of existing precedents (potentially from past experience with non-EV accessible parking) to address the factors that would be considered to determine whether compliance with EV accessibility rules would be technically infeasible?

RESPONSE: A request for technical infeasibility is made to and determined by the local jurisdiction. A request for technical infeasibility is site-specific; therefore, there are no general factors that could be considered to determine whether compliance with EVCS regulations is technically infeasible.