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Access California Proposed Regulations for
Electric Vehicle Charging Stations
Dennis J. CorelisDeputy State Architect, Access Code and Policy
8 August 2015
Access California
Disability Rights in the United States
ANSIA117.1
Civil RightsAct
Fair Housing Act (FHA)
Architectural Barriers Act (ABA)
Rehabilitation Act
Americans with Disabilities Act (ADA)
1961
1964
1968
1968
1973
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Disability Rights in the United States
Technical basis of first accessibility standards adopted by the federal government and most states
Outlawed discrimination against racial, ethnic, religious minorities and women
Prohibits discrimination in housing
1988 Amendments
1991 FHADesignGuidelines
Requires access to facilities designed, built, altered, or leased with federal funds.
1984UFAS
1990
1991 /1994OriginalAccessibility Guidelines(ADAAG)
2004ADAAG
2010Updated Standards(ADAS)
Prohibits discrimination on the basis of disability in programs and activities provide by the federal government
Pre-ADA Federal Timeline
Unruh Civil Rights Act
Disabled Persons Act (DPA)
California Building Code
Disabled Persons Act Amendments
1959
1968
1982
1992
Access California
Disability Rights in California
Prohibits businesses from discriminating against individuals
Protects right of equal accessto public accommodations
California Amendmentsto UBC
Accessibility requirements first codified in California
As amended, states that a violation of the ADA is a violation of the DPA
Pre-ADA California Timeline
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Overview of Disability Rights Laws & Regulations
1991 ADA Standards
1994 ADAAG
2004 ADAAG
2010 ADA Standards Issued
2010 ADA Standards Mandatory
Disabled PersonsAct
SB 262 Creates Certified Access Specialist (CASp) Program
CASp Regs Issued in Title 21 CCR
1st CASp Exam
SB 1608Construction Related Accessibility Standards Compliance Act (CRASCA)
SB 1186
CRASCA Amendments
1991
1994
2004
2010
2012
1992
2003
2008
2011
2005
2008
Post - ADA Comparative Timeline
Current Regulations
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Electric Vehicle Charging Stations
Currently no federal / state standards for accessible Electric Vehicle Charging Stations (EVCS).
General ADA requirements for:
goods and services provided by privately owned public accommodations or commercial facilities .
Programs and services provided by state and local governmental entities .
Accessibility Required
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Electric Vehicle Charging Stations
Lack of explicit scoping or technical requirements does not relieve covered entity from obligation to make services and programs accessible.
Recent US 9th District Court decision, Fortyune vs. City of Lomita, found lack of on-street accessible parking to be a violation of the ADA.
Projected Growth in ZEVs
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Electric Vehicle Charging Stations
Governor Brown’s Executive Order of 2012 - goal of 1.5 million ZEVs by 2025.
Building codes require homes and commercial sites to be EVCS ready.
EVCS infrastructure needed to support growth in ZEV and PZEV fleets.
Accessibility must be considered.
Proposed EVCS Access Regulations
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Electric Vehicle Charging Stations
Access regulations found in Chapter 11B of the California Building Code. EVCS regulations proposed for the 2016 CBC:
Scoping: What type and how many EVCS to provide in 11B-228.3 Electric Vehicle Charging Stations.
Technical: Where and how to provide accessible EVCs in 11B-812 Electric vehicle charging stations
Scoping Provisions
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Electric Vehicle Charging Stations
New Construction or Alterations
When EVCSs are installed, accessible EVCSs complying with Table 11B-228.3.2.1 shall be provided.
Exception: EVCSs not available to general public or for the owner of a residence in public housing need not comply.
Scoping Provisions
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Electric Vehicle Charging Stations
Total Number of EVCS at a Facility1
Minimum Number (by type) of EVCS Required to Comply with Section 11B-8121
VanAccessible
StandardAccessible
Ambulatory
1 to 4 1 0 04 to 25 1 1 0
26 to 50 1 1 151 to 75 1 2 2
76 to 100 1 3 3101 and over 1, plus 1 for each
300, or fraction thereof, over 100
3, plus 1 for each 60, or fraction thereof, over
100
3, plus 1 for each 50, or fraction thereof,
over 100
TABLE 11B-228.3.2.1ELECTRIC VEHICLE CHARGING STATIONS FOR
PUBLIC USE AND COMMON USE
Notes: 1. Where an EV charger can simultaneously charge more than one vehicle, the number of EVCS provided shall be considered equivalent to the number of electric vehicles that can be simultaneously charged.
Scoping Provisions
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Electric Vehicle Charging Stations
New Construction or Alterations
When added to site with existing EVCSs, total of new + existing EVCSs used for scoping.
Technical provisions apply only to new EVCSs; no requirement to retrofit existing EVCSs unless they are altered or upgraded.
Operable parts on ALL new EVCSs must comply with Operable Parts requirements in 11B-309.4.
Scoping Provisions - Types
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Electric Vehicle Charging Stations
Proposed code identifies 4 types of EVCSs:
Van Accessible
Standard Accessible
Ambulatory
Drive-up
Van Accessible EVCS
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Electric Vehicle Charging Stations
Similar to van accessible parking.
12 feet wide (144 inches)
18 feet long (216 inches)
Access aisle 5 foot wide (60 inches) located on passenger side with head-in parking, may be share with another EVCS vehicle space
Accessible route requirements to EVSE and areas served by EVCS
Standard Accessible EVCS
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Electric Vehicle Charging Stations
Similar to standard accessible parking.
9 feet wide (108 inches)
18 feet long (216 inches)
Access aisle 5 foot wide (60 inches) either side of space, can be shared with another EVCS space
Accessible route requirements to EVSE and areas served by EVCS
Ambulatory EVCS
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Electric Vehicle Charging Stations
No comparable requirement in accessible parking.
10 feet wide (108 inches)
18 feet long (216 inches)
No access aisle required; additional width provides increased access for individuals with limited or temporary mobility challenges
Accessible route requirements to EVSE, facility entrance or site arrival point
Drive – Up EVCS
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Electric Vehicle Charging Stations
No comparable requirement in accessible parking, analogous to motor fuel pump island.
17 feet wide (204 inches)
18 feet long (216 inches)
No access aisle required
Accessible route requirements to EVSE, facility entrance or site arrival point
Sample Layouts
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Electric Vehicle Charging Stations
Possible configuration for installation with 2 EVCS
EVCS Designated for the Disabled
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Electric Vehicle Charging Stations
EVCS for the exclusive use of the disabled shall be identified by a sign mounted International Symbol of Accessibility (ISA).
11B-812.8 Identification provides for EVCS reserved for use by the disabled.
Table 11B-812.8 indicates type and number of EVCS that must be identified with an ISA.
No ISA required for small scale installations with 1 to 4 EVCS, accessible EVCS available to all.
EVCS Designated for the Disabled
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Electric Vehicle Charging Stations
If properly signed per local ordinance, EVCS charging time limits apply to all users:
Vehicle Code Section 22511.5 - Vehicles with disabled placards or license plates may park for unlimited periods of time in zones where the length of time is restricted or metered.
EVCSs are “zones reserved for special types of vehicles”, per DMV, in which right to park for unlimited periods of time does not apply.
Sample Layouts
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Electric Vehicle Charging Stations
Possible configuration for installation with 5 EVCS:
Alterations
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Electric Vehicle Charging Stations
What is an Alteration?
ALTERATION - A change, addition or
modification in construction, change in
occupancy or use, or structural repair
to an existing building or facility.
Alterations
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Electric Vehicle Charging Stations
Path of Travel Upgrade Requirements
When alterations or additions are made to existing buildings or facilities, a single accessible “path of travel” to the specific area of alteration or addition shall * be provided.
*11B-202.4 Path of travel requirements in alterations, additions and structural repairs
Path of Travel Elements
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The Path of Travel (POT) includes the following elements serving the area of alteration:
A primary entrance to the building or facility from site arrival points
Toilet and bathing facilities
Drinking fountains
Public telephones
Signs (California requirement)
If POT elements fully compliant, no additional work required.
Path of Travel Upgrades
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Electric Vehicle Charging Stations
Existing elements on a single POT serving the area of alteration:
Must be brought into compliance with current requirements when the cost to do so is not disproportionate to the construction cost.
“Disproportionate” = not exceeding 20% of the adjusted construction cost.
ADA applies 20% limit without regard to size of adjusted construction cost.
Path of Travel Upgrades
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Electric Vehicle Charging Stations
CBC Valuation Threshold
CBC uses two-tiered approach for project costs below and above a “Valuation Threshold”.
Indexed annually – currently $147,863 in 2015.
When adjusted construction cost ≤ valuation threshold:
Cost of compliance limited to 20% of adjusted construction cost.
If all POT elements cannot be brought into compliance within the 20% budget, choose elements in priority order for greatest access.
Path of Travel Upgrades
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Electric Vehicle Charging Stations
Prioritization When Threshold Reached Without Full Compliance
Entrance Route to area of alteration (different
from the ADA) Sanitary Facilities Public Telephones Drinking Fountain Other elements, such as parking,
storage etc.
Path of Travel Upgrades
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Electric Vehicle Charging Stations
When adjusted construction cost > valuation threshold -
Cost of full compliance for required POT elements is unlimited,
unless –
Enforcing authority makes a finding, on a case specific basis, that full compliance would be an “Unreasonable Hardship”,
then
Cost of partial compliance shall not be less than 20% of the adjusted construction cost.
Path of Travel EVCS Exceptions
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Electric Vehicle Charging Stations
EVCS installations at facilities where vehicle fueling, recharging, parking or storage is NOT a primary function:
Compliance with 11B-202.4 for POT upgrades not required.
EVCS installations at facilities where vehicle fueling, recharging, parking or storage is a primary function :
Cost of compliance for required POT elements is limited to 20% of the adjusted construction cost.
Path of Travel EVCS Exceptions
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Electric Vehicle Charging Stations
EVCSs not considered “site arrival points “ per US Access Board.
• Upgrade of existing EVCSs as POT elements is not triggered by alteration projects under 11B-202.4.
• Upgrades may be required when existing EVCSs are updated or altered.
Upgrade of Existing EVCSs
Safe Harbor for POT Elements
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Electric Vehicle Charging Stations
11B-202.4 Exception 2. - Retrofit of POT elements for incremental code changes shall not be required when they have been constructed or altered in compliance with immediately preceding edition of the CBC. Applies to:
Primary entrance
Toilet and bathing facilities
Drinking fountains
Public telephones
Signs.
Unreasonable Hardship
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Electric Vehicle Charging Stations
Full POT upgrade may not be required when compliance would make the project infeasible :
Case-by-case determination
Based on existing constraints / conditions and the scope of work
Compliance required to the
“maximum extent feasible”
Details of any finding of unreasonable hardship shall be recorded and entered into the files of the enforcing agency.
Unreasonable Hardship
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Electric Vehicle Charging Stations
Criteria for Making a Finding of Unreasonable Hardship
The cost of providing access The cost of all proposed construction The impact of compliance on the financial feasibility of the project The nature of accessibility that would be gained or lost The nature of the use of the facility and its availability to persons with
disabilities
See CBC Chapter 2, Section 202 Definitions
Accessible Routes
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Electric Vehicle Charging Stations
Accessible route within a site from accessible parking, loading zones and public site entry points:
ADA requires one accessible route;
When more than one route is provided, CBC requires ALL routes to be accessible.
EVCS Working Group Convened
2016 CBC EVCS Draft Regs. Developed
2016 CBC EVCS RegsPublic Review and Comments
2016 CBC Action on EVCS Regs by Ca BSC
2016 CBC Published by ICC / CA BSC
2016 CBC Effective Date 1 January 2017
2014
2015
Jan 2016
Jan 2017
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Electric Vehicle Charging Stations
Jul 2016
2015
EVCS Regulations Timeline
Comments on Proposed Regulations
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Electric Vehicle Charging Stations
The text of the proposed regulations may be accessed on the California Building Standards Commission web site, see the Express Terms Item 11B.51 and Related Items 11B.51.01 through 11B.51.06, pages 76 through 83.
Hyperlinks to the Express Terms and related documents are below:
DSA-AC 01/15: California Building Code, Part 2, Title 24
Updated Notice of Proposed Action (NOPA): (PDF) (DOC)Notice of Proposed Action (NOPA): (PDF) (DOC)Initial Statement of Reasons (ISOR): (PDF) (DOC)Express Terms (ET): (PDF) (DOC) (SRV-DOC)
Matrix Table, Code Advisory Committee recommendations: (PDF)
Comments on Proposed Regulations
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Electric Vehicle Charging Stations
The initial public comment period for the DSA Accessibility proposals commenced on 14 August 2015 and will conclude 5:00 PM on 28 September 2015.
All comments for the state agency proposals below must be submitted to the commission no later than close of business, September 28, 2015. Comments may be in writing or electronically via email or email attachment.
Comment Form (PDF) (DOC)
Comments from ALL interested parties and stakeholders are welcome and essential to the process.
Available Access Code Resources
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Electric Vehicle Charging Stations
The following materials are available on DSA’s California Access Compliance Reference Materials web page:
2010 CBC-2013 CBC Cross Reference Matrix (PDF – 1.20 MB) | (Word – 1.46 MB)
2013 CBC Expanded Table of Contents for Chapter 11B (PDF – 165 KB) | (Word – 77 KB)
2013 CBC Advisory Manual (PDF – 12.2 MB) | (Word – 15.9 MB)
Copies of all California codes available online at:
https://law.resource.org/pub/us/code/bsc.ca.gov/
Contact Information
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Electric Vehicle Charging Stations
Please direct questions to the Division of the State Architect at:
DENNIS J. CORELIS, Deputy State Architect
Email at [email protected]
Telephone: 916 445-4167
Thank you for participating in today’s presentation
Access California
Electric Vehicle Charging Stations
