Electric Vehicle Charging Stations, Accessibility: FAQs

GENERAL QUESTIONS:

At what types of property/sites must the ADA requirements be met?

RESPONSE: EVCS installed at public buildings, public accommodations, commercial facilities and public housing are required to comply with the accessibility requirements in CBC Chapter 11B. Also, under the American with Disabilities Act there is a general obligation to provide accessible EVCS; however, specific requirements for EVCS have not been adopted in the ADA Standards for Accessible Design.

What types of exemptions or exceptions exist?

RESPONSE: EVCS installed at public buildings, public accommodations, commercial facilities and public housing are required to comply with the accessibility requirements in CBC Chapter 11B. Compliance with these provisions is not required where EVCS are not available to the general public and intended for use by a designated vehicle or driver (see CBC Section 11B-228.3.2 Exception 1).

Does the state architect intend to provide further statewide guidance or will implementation remain a more regional/local decision?

RESPONSE: The Division of the State Architect will continue its outreach efforts to inform the public about the new accessibility requirements for EVCS. However, the requirements in the CBC are enforced by various code enforcement officials, including city and county building departments, within their respective jurisdictions.

Are multi-unit dwellings of any kind covered under the requirements? Our thinking stemmed from the fact that it covers public housing, but how is public housing defined? For example, is section 8 housing applicable? Are all condos and apartments applicable if they are providing charging for any of their residents and not just a specific resident?

RESPONSE: Privately owned multi-family dwellings are not subject to the new CBC Chapter 11B accessibility requirements for EVCS. The new requirements do apply at public housing facilities which are defined below. CBC Chapter 11B accessibility requirements do not apply to Section 8 housing credit recipients – the Section 8 program is a housing voucher program, not a public housing program.

PUBLIC HOUSING. Housing facilities owned, operated, or constructed by, for or on behalf of a public entity including but not limited to the following:

1. Publically owned and/or operated one- or two-family dwelling units or residences;

2. Publically owned and/or operated buildings or complexes with three or more residential dwelling units;

3. Reserved.

4. Publically owned and/or operated homeless shelters, group homes and similar social service establishments;

5. Publically owned and/or operated transient lodging, such as hotels, motels, hostels and other facilities providing accommodations of a short term nature of not more than 30 days duration;

6. Housing at a place of education owned or operated by a public entity, such as housing on or serving a public school, public college or public university campus;

7. Privately owned housing made available for public use as housing.