New Regulations for presented to The City of Palo Alto, California Dennis J. Corelis Deputy State Architect, Access Code and Policy 18 November 2016 Copyright
Electric Vehicles Are Here!
Expansion of EV Charging Infrastructure
Accessibility Must Be Considered
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.
Accessibility Required Lack of explicit scoping or technical requirements does not relieve covered entity from obligation to make services and programs accessible. Recent US 9 th 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 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.
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
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.
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.
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.
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.
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.
Scoping Provisions TABLE 11B-228.3.2.1 ELECTRIC VEHICLE CHARGING STATIONS for PUBLIC and COMMON USE Total Number of EVCS at a Facility 1 Minimum Number (by type) of EVCS Required to Comply with Section 11B-812 1 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 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: 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
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.
Scoping Provisions - Types Four (4) Types of EVCSs: Van Accessible Standard Accessible Ambulatory Drive-up
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
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
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
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
Sample Layouts Possible configuration for installation with 2 EVCS
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.
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.
Sample Layouts Possible configuration for installation with 5 EVCS:
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.
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.
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.
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
Infrastructure Non-residential Requirements Actual Number of Parking Spaces 2013 Green Bldg. Stds. Code EV Spaces 2016 Green Building Standards Code Requirements Mandatory Measures EV Spaces Tier 1 Voluntary Measures EV Spaces Tier 2 Voluntary 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
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
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.
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.
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
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 caseby-case basis.
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.
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.
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.
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
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.
EVCS Regulations Timeline Jan 2017 2014 EVCS Working Group Convened By DSA 2015 2016 CBC EVCS Draft Regs. Developed 2015 2016 CBC EVCS Regs Public Review and Comments Jan 2016 2016 CBC Action on EVCS Regs by Ca BSC Jul 2016 2016 CBC Published by ICC / CA BSC 2016 CBC Effective Date 1 January 2017
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/
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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