1. Deputy State Architect, Access Code and Policy
Access California Proposed Regulations for Electric Vehicle Charging Stations
Dennis J. Corelis
Deputy State Architect, Access Code and Policy
8 August 2015

2. Access California
Disability Rights in the United States

3. Pre-ADA Federal Timeline
Access California
Disability Rights in the United States
ANSI
A117.1
Civil Rights
Act
Fair
Housing
Act (FHA)
Architectural Barriers
Act (ABA)
Rehabilitation Act
Americans with Disabilities Act (ADA)
Pre-ADA Federal Timeline
1990
1973
1968
1968
1964
1991 /1994
Original
Accessibility Guidelines
(ADAAG)
2004
ADAAG
2010
Updated Standards
(ADAS)
Prohibits discrimination on the basis of disability in programs and activities provide by
the federal government
1961
Requires access to facilities designed, built, altered, or leased with federal funds.
1984
UFAS
Prohibits discrimination in housing
1988
Amendments
1991 FHA
Design
Guidelines
Outlawed discrimination against racial, ethnic, religious minorities and women
Technical basis of first accessibility standards adopted by the federal government and most states

4. Pre-ADA California Timeline
Access California
Disability Rights in California
Pre-ADA California Timeline
Unruh Civil Rights Act
Disabled Persons
Act (DPA)
California Building Code
Disabled Persons Act Amendments
1992
1982
1968
1959
As amended, states that a violation of the ADA is a violation of the DPA
California Amendments
to UBC
Accessibility requirements first codified in California
Protects right of equal access
to public accommodations
Prohibits businesses from discriminating against individuals

5. Post - ADA Comparative Timeline
Access California
Overview of Disability Rights Laws & Regulations
1991 ADA Standards
1994 ADAAG
2004 ADAAG
2010 ADA Standards Issued
2010 ADA Standards Mandatory
Post - ADA Comparative Timeline
2012
2010
2004
Disabled Persons
Act
SB 262 Creates Certified Access Specialist (CASp) Program
CASp Regs Issued in Title 21 CCR
1st CASp Exam
SB 1608
Construction Related Accessibility Standards Compliance Act (CRASCA)
SB 1186
CRASCA Amendments
1994
1991
2011
2008
2008
2005
2003
1992

6. Current Regulations Access California
Electric Vehicle Charging Stations
Current Regulations
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 .

7. Accessibility Required
Access California
Electric Vehicle Charging Stations
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.

8. Projected Growth in ZEVs
Access California
Electric Vehicle Charging Stations
Projected Growth in ZEVs
Governor Brown’s Executive Order of 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.

9. Proposed EVCS Access Regulations
Access California
Electric Vehicle Charging Stations
Proposed EVCS Access Regulations
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 Electric Vehicle Charging Stations.
Technical: Where and how to provide accessible EVCs in 11B-812 Electric vehicle charging stations

10. Scoping Provisions Access California
Electric Vehicle Charging Stations
Scoping Provisions
New Construction or Alterations
When EVCSs are installed, accessible EVCSs complying with Table 11B shall be provided.
Exception: EVCSs not available to general public or for the owner of a residence in public housing need not comply.

11. Total Number of EVCS at a Facility1
Access California
Electric Vehicle Charging Stations
Scoping Provisions
TABLE 11B
ELECTRIC VEHICLE CHARGING STATIONS FOR PUBLIC USE AND COMMON USE
Total Number of EVCS at a Facility1
Minimum Number (by type) of EVCS Required to Comply with Section 11B-8121
Van Accessible
Standard Accessible
Ambulatory
1 to 4 1
4 to 25
26 to 50
51 to 75 2
76 to 100 3
101 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
Notes: 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.

12. Scoping Provisions Access California
Electric Vehicle Charging Stations
Scoping Provisions
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

13. Scoping Provisions - Types
Access California
Electric Vehicle Charging Stations
Scoping Provisions - Types
Proposed code identifies 4 types of EVCSs:
Van Accessible
Standard Accessible
Ambulatory
Drive-up

14. Van Accessible EVCS Access California
Electric Vehicle Charging Stations
Van Accessible EVCS
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

15. Standard Accessible EVCS
Access California
Electric Vehicle Charging Stations
Standard Accessible EVCS
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

16. Ambulatory EVCS Access California 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

17. Drive – Up EVCS Access California 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

18. Sample Layouts Access California Electric Vehicle Charging Stations
Possible configuration for installation with 2 EVCS

19. EVCS Designated for the Disabled
Access California
Electric Vehicle Charging Stations
EVCS Designated for the Disabled
EVCS for the exclusive use of the disabled shall be identified by a sign mounted International Symbol of Accessibility (ISA).
11B Identification provides for EVCS reserved for use by the disabled.
Table 11B 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.

20. EVCS Designated for the Disabled
Access California
Electric Vehicle Charging Stations
EVCS Designated for the Disabled
If properly signed per local ordinance, EVCS charging time limits apply to all users:
Vehicle Code Section 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.

21. Sample Layouts Access California Electric Vehicle Charging Stations
Possible configuration for installation with 5 EVCS:

22. Alterations Access California 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.

23. Alterations Access California 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 Path of travel requirements in alterations, additions and structural repairs

24. Path of Travel Elements
Access California
Electric Vehicle Charging Stations
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)
If POT elements fully compliant, no additional work required.

25. Path of Travel Upgrades
Access California
Electric Vehicle Charging Stations
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” = not exceeding 20% of the adjusted construction cost.
ADA applies 20% limit without regard to size of adjusted construction cost.

26. Path of Travel Upgrades
Access California
Electric Vehicle Charging Stations
Path of Travel Upgrades
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.

27. Path of Travel Upgrades
Access California
Electric Vehicle Charging Stations
Path of Travel Upgrades
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.

28. Path of Travel Upgrades
Access California
Electric Vehicle Charging Stations
Path of Travel Upgrades
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.

29. Path of Travel EVCS Exceptions
Access California
Electric Vehicle Charging Stations
Path of Travel EVCS Exceptions
EVCS installations at facilities where vehicle fueling, recharging, parking or storage is NOT a primary function:
Compliance with 11B 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.

30. Path of Travel EVCS Exceptions
Access California
Electric Vehicle Charging Stations
Path of Travel EVCS Exceptions
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 alteration projects under 11B
Upgrades may be required when existing EVCSs are updated or altered.

31. Safe Harbor for POT Elements
Access California
Electric Vehicle Charging Stations
Safe Harbor for POT Elements
11B 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.

32. Unreasonable Hardship
Access California
Electric Vehicle Charging Stations
Unreasonable Hardship
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.

33. Unreasonable Hardship
Access California
Electric Vehicle Charging Stations
Unreasonable Hardship
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

34. Accessible Routes Access California 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.

35. EVCS Regulations Timeline
Access California
Electric Vehicle Charging Stations
EVCS Regulations Timeline
EVCS Working Group Convened
2016 CBC EVCS Draft Regs. Developed
2016 CBC EVCS Regs
Public 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
Jan 2017
Jul 2016
Jan 2016
2015
2015
2014

36. Comments on Proposed Regulations
Access California
Electric Vehicle Charging Stations
Comments on Proposed Regulations
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 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) 

37. Comments on Proposed Regulations
Access California
Electric Vehicle Charging Stations
Comments on Proposed Regulations
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, Comments may be in writing or electronically via or attachment.
Comment Form (PDF) (DOC)
Comments from ALL interested parties and stakeholders are welcome and essential to the process.

38. Available Access Code Resources
Access California
Electric Vehicle Charging Stations
Available Access Code Resources
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:

39. Access California
Electric Vehicle Charging Stations
Contact Information
Please direct questions to the Division of the State Architect at:
DENNIS J. CORELIS, Deputy State Architect at
Telephone:

40. Thank you for participating in today’s presentation
Access California
Electric Vehicle Charging Stations
Thank you for participating in today’s presentation