Access California

New Regulations for

Electric Vehicle Charging Stations
presented to
The City of Palo Alto, California

Dennis J. Corelis
Deputy State Architect, Access Code and Policy
18 November 2016
Copyright ©
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Electric Vehicle Charging Stations

Electric
Vehicles
Are Here!
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Electric Vehicle Charging Stations

Expansion of EV
Charging
Infrastructure
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Accessibility Must Be
Considered
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Current Regulations
Previously no federal / state design
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.
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Accessibility Required
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.
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Projected Growth in ZEVs

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.

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EVCS Access Regulations

Access regulations - Chapter 11B of the California Building Code. EVCS
regulations adopted as part of the 2016 CBC

 Adopted by the
Building Standards
Commission January
2016

 Published July 2016

 Effective January 2017

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EVCS Access Regulations

Definitions
 Specific definitions for EVCS regulations
 Chapter 2, Section 202 Definitions

Scoping
 What type and how many EVCS to provide?
 Division 2, Section 11B-228.3 Electric Vehicle Charging
Stations.

Technical
 Technical: Where and how to provide accessible EVCS?
 Division 8, Section 11B-812 Electric vehicle charging
stations.
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Definitions
The following new or updated definitions were adopted:

 DRIVE-UP ELECTRIC VEHICLE CHARGING STATION.

. ELECTRIC VEHICLE (EV).

 ELECTRIC VEHICLE (EV) CHARGER.

 ELECTRIC VEHICLE CHARGING SPACE (EV Space).

 ELECTRIC VEHICLE CHARGING STATION (EVCS).

 ELECTRIC VEHICLE (EV) CONNECTOR.

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Scoping Provisions
New Construction or Alterations

 Regulations currently do not require the construction or build-out of

EVCS, just the EV infrastructure for newly constructed facilities.

 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. However, there may be
future obligation for “reasonable accommodation” request based on
ADA Title I Employment provisions.
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Scoping Provisions
Charging versus Parking

 Electric vehicle charging, not parking, is the primary use of an

EVCS.

 When determining the required number of accessible parking

spaces, EVCS are not considered parking.

 EVCS have their own separate and distinct scoping and

technical requirements, see 11B-228.3 and 11B-812.
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Scoping Provisions
Scoping Provisions for Parking

 11B-208.1 General. Where parking spaces are provided, parking

spaces shall be provided in accordance with Section 11B-208. For
the purposes of this section, electric vehicle charging stations are
not parking spaces; see Section 11B-228.”

 Local planning and zoning ordinances typically govern parking

requirements.

 EVCS may still be considered “parking spaces” as a matter of local

jurisdiction.
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Scoping Provisions
TABLE 11B-228.3.2.1
ELECTRIC VEHICLE CHARGING STATIONS for PUBLIC and COMMON USE
Total Number of Minimum Number (by type) of EVCS Required to Comply with
EVCS at a Facility1 Section 11B-8121
Van Standard Ambulatory*
Accessible Accessible
1 to 4 1* 0 0
5 to 25 1 1* 0
26 to 50 1 1 1*
51 to 75 1 2 2*
76 to 100 1 3 3*
101 and over 1, plus 1 for each 3, plus 1 for each 60, or 3, plus 1 for each 50,
300, or fraction fraction thereof, over or fraction thereof,
thereof, over 100 100 over 100

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.

* Accessible EVCS designed for accessibility but not reserved for exclusive use by the disabled
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Scoping Provisions
New Construction or Alterations

 When new EVCSs are added to a site with existing EVCSs,

total of new + existing EVCSs used for scoping, see Table
11B-228.3.2.1.

 Technical provisions apply only to new EVCSs; building code

does not require retrofit of existing EVCSs unless they are
altered or upgraded.

 Operable parts on ALL new EVCSs must comply with

Operable Parts requirements in 11B-309.4.
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Scoping Provisions - Types

Four (4) Types of EVCSs:

 Van Accessible

 Standard Accessible

 Ambulatory

 Drive-up
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Van Accessible EVCS

Similar to van accessible parking.

 12 feet (144 inches) minimum width

 18 feet (216 inches) minimum length

 Access aisle 5 foot (60 inches) minimum width located on

passenger side with head-in parking, may be shared with another
EVCS vehicle space

 Accessible route requirements to EVSE and areas served by

EVCS
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Standard Accessible EVCS

Similar to standard accessible parking.

 9 feet (108 inches) minimum width

 18 feet (216 inches) minimum length

 Access aisle 5 foot (60 inches) minimum width either side

of space, can be shared with another EVCS space

 Accessible route requirements to EVSE and areas

served by EVCS
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Ambulatory EVCS
No comparable requirement in accessible parking.

 10 feet (120 inches) minimum width

 18 feet (216 inches) minimum length

 No access aisle required; additional width of space

provides increased access for individuals with limited or
temporary mobility challenges

 Accessible route requirements to EVSE, facility entrance

or site arrival point
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Drive – Up EVCS
No comparable requirement in accessible parking, analogous to motor
fuel pump island at filling stations, 30 minute maximum stay.

 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
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Sample Layouts
Possible configuration for installation with 2 EVCS
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EVCS Identification
EVCS for the exclusive use of vehicles displaying special license plates
or a distinguishing placard shall be identified by a sign mounted
International Symbol of Accessibility (ISA).

 11B-812.8 Identification and 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, the
accessible EVCS is available to all.
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EVCS Charging Time Limits

If properly signed per local ordinance, EVCS charging time limits cab ne
applied to all users:

 Vehicle Code Section 22511.5 - Vehicles

displaying special license plates or
distinguishing placards 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.
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Sample Layouts
Possible configuration for installation with 5 EVCS:
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Connection to Accessible Routes

As accessible spaces and elements, accessible EVCSs required to
comply with Section 11B-812 must be connected to other accessible
spaces and elements on a site:

 “11B-206.2.2 Within a site. At

least one accessible route shall
connect accessible buildings,
accessible facilities, accessible
elements, and accessible
spaces that are on the same
site.”
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Infrastructure Requirements
California Green Building Standards Code
requires installation of infrastructure and
electrical capacity for future EVCS. 2016
CalGreen Code Amendments:

• Lowered scoping thresholds

• Increased the number of future EVCS

positions as a percent of parking spaces
provided.

• Tier 1 and Tier 2 Voluntary Measures

increased beyond Mandatory baseline.
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Infrastructure Requirements
Non-residential mandatory measures, see
Section 5.106 Site Development, Subsection
5.106.5.3 Electric Vehicle (EV) Charging [N]:

• Type & location of future EVSE.

• Listed raceway from service panel to future
location with enclosure.
• Service panel capacity for future minimum 40
amp dedicated branch circuit.
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Infrastructure Requirements
Accessibility considerations for site planning and development:

 Future Scoping Requirements

 Location factors such as:
• Accessible Route to EVSE
• Accessible route to facility or site
boundary
 Technical Requirements:
• Required areas
• Surface Slopes
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Infrastructure
Non-residential Requirements
Actual Number of 2013 Green 2016 Green Building Standards Code Requirements
Parking Spaces Bldg. Stds.
Code EV Mandatory Measures Tier 1 Voluntary Tier 2 Voluntary
Spaces EV Spaces Measures EV Spaces Measures EV Spaces

0-9 - 0 0 1

10 - 25 0 1 2 2

26 - 50 0 2 3 4

51 - 75 1 4 5 6

76 - 100 2 5 7 9

101 - 150 3 7 10 12

151 - 200 10 10 14 17

201 and over 3% of spaces 6% of spaces 8% of spaces 10% of spaces

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Infrastructure
Residential Requirements
Multi-Family Residential Mandatory
Measures:

• Scoping Threshold - 17 or more

units on a building site

• Terminology clarified – EV
Space is not an EVCS

• Provide panel capacity, 40 A,

and conduit to box in close
proximity to EV Space
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Alterations
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.
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Alterations
What is NOT an Alteration?

 “Normal maintenance, reroofing,

painting or wallpapering, or . . .

 . . . changes to mechanical and

electrical systems unless they
affect the usability of the building
or facility.”

Installation of EVCS affects the

usability of a facility = alteration.
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Alterations
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

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Path of Travel Elements

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)
 Other elements such as parking, site arrival points, etc.

If POT elements fully compliant, no additional work required.

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Path of Travel EVCS Exceptions

Section 11B-202.4 Exception 10 addresses Path of Travel (POT)
upgrades for new EVCS installations at existing facilities.

 Where vehicle fueling, recharging, parking or storage is NOT a

primary function, POT upgrades are not required.

 Where vehicle fueling, recharging, parking or storage IS a primary

function, cost of compliance for POT upgrades is limited to 20% of
the adjusted construction cost.

 Building code requirements reflect minimum federal standards.

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Path of Travel Upgrades

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” = more than 20% of the

adjusted construction cost.

 ADA applies 20% limit without regard to size of

adjusted construction cost.
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Path of Travel Upgrades

CBC Valuation Threshold

 CBC uses two-tiered approach for project costs below and above a
“Valuation Threshold”.

 Originally $50,000, indexed annually – currently $150,244 in 2016.

When adjusted construction cost is less than or equal to 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.
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Path of Travel Upgrades

For EVCS projects where vehicle fueling, recharging, parking or
storage IS a primary function and the adjusted construction cost
exceeds valuation threshold -

 Cost of full compliance for POT elements could exceed 20% of the
adjusted construction cost, but
 Section 11B-202.4 Exception 10 limits cost of compliance to 20%
of the adjusted construction cost.
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Path of Travel Upgrades

New Definition of “Adjusted Construction Cost”

 Includes all direct costs of construction: labor, material, equipment,

services, utilities, contractor financing, overhead and profit, and
construction management costs.

 No reductions for elements not associated with accessibility.

 Does not include project management fees and expenses,

architectural and engineering fees, testing and inspection fees, and
utility connection or service district fees.
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Path of Travel Upgrades

CBC Prioritization When Cost 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.
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Safe Harbor for POT Elements

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.
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EVCS as Path of Travel Elements

Upgrade of Existing EVCSs

EVCSs not considered “site arrival

points “ per US Access Board.

• Upgrade of existing EVCSs as POT

elements is not triggered by other
alteration projects under 11B-202.4.

• Upgrades may be required when

existing EVCSs are updated or
altered.
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Accessible Routes
An accessible route within a site to a building or facility from accessible
parking, loading zones & site arrival / entry points is required. As an
accessible element on a site, EVCSs must also be connected to an
accessible route.

When EVCS are added to

an existing site, providing
an accessible route is not a
Path of Travel issue, see
“11B-206.2.2 Within a site”
for the general scoping
requirements for accessible
routes.
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Accessible Routes
An accessible route to the building or facility served by the EVCS is also
required by 11B-812.5.1 Accessible.

 Locate accessible EVCSs serving

a particular building or facility on
an accessible route to the facility
entrance.

 Locate accessible EVCSs not

serving a particular building or
facility on an accessible route to
an accessible pedestrian entrance
of the EV charging facility.
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Existing Conditions
11B-202.4 Exception 10 addresses
Path of Travel requirements for EVCS
installations at existing facilities.

Unreasonable Hardship not

applicable to “EVCS only” projects at
existing facilities.

Technical infeasibility may apply to

EVCS alteration projects on a case-
by-case basis.
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Technical Infeasibilty
TECHNICALLY INFEASIBLE. [DSA-AC]

An alteration of a building or a facility, that has little likelihood of being

accomplished because:

 the existing structural conditions require the removal or alteration of

a load-bearing member that is an essential part of the structural
frame, or

 because other existing physical or site constraints prohibit

modification or addition of elements, spaces or features that are in
full and strict compliance with the minimum requirements for new
construction and which are necessary to provide accessibility.
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Technical Infeasibilty
Requires a site-specific assessment of
constraints or complications re the
planned scope of work.

Includes design, site, engineering or

other constraints that prohibit full
compliance.

Details of any finding of technical infeasibility shall be recorded and

entered into the files of the enforcing agency.
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Unreasonable Hardship
Under 11B-202.4 Exception 8, Unreasonable Hardship may be an option
where:

 EVCS is not the predominate scope of an alteration project;

 The adjusted construction cost exceeds the valuation threshold
 Full compliance would make the project infeasible

Enforcing authority may makes a finding, on a case specific basis, that full
compliance would be an “Unreasonable Hardship”,
and
Cost of partial compliance shall not be less than 20% of the adjusted
construction cost.
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Unreasonable Hardship
Criteria for Making a Finding of Unreasonable Hardship, see CBC
Chapter 2, Section 202 Definitions

 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
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Unreasonable Hardship
When enforcing authority determines full compliance would be an
“Unreasonable Hardship,” a complete POT upgrade may not be required.
 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.
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EVCS Regulations Timeline

Jan 2017
Jul 2016
2016 CBC
Jan 2016 Effective
2016 CBC Date 1
2015 Published January
2016 CBC by ICC / CA 2017
2015 Action on BSC
2016 CBC EVCS Regs
2014 EVCS Regs by Ca BSC
2016 CBC Public
EVCS Draft Review and
EVCS Regs. Comments
Working Developed
Group
Convened
By DSA
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Available Access Code Resources

The following materials are available on DSA’s California Access
Compliance Reference Materials web page:

 2016 CBC Expanded Table of Contents for Chapter 11B (PDF – 157
KB) | (Word – 67 KB)

 2016 CBC Advisory Manual (PDF – 12.2 MB) | (Word – 15.9 MB)

 2010 CBC-2013 CBC Cross Reference Matrix (PDF – 1.20 MB) | (Word
– 1.46 MB)

Copies of recent California codes available online at:

 https://law.resource.org/pub/us/code/bsc.ca.gov/
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Contact Information
Please direct questions to the Division of the State Architect at:

DENNIS J. CORELIS, Deputy State Architect

 916 445-4167, Dennis.corelis@dgs.ca.gov

IDA CLAIR, Principal Architect

 916 322-2490, Ida.Clair@dgs.ca.gov

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Thank you for participating in

today’s presentation