Access California Proposed Regulations for Electric Vehicle Charging Stations

Transcription

1 Proposed Regulations for Dennis J. Corelis Deputy State Architect, Access Code and Policy 8 August 2015

2 Disability Rights in the United States

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

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

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

6 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 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.

8 Projected Growth in ZEVs Governor Brown s Executive Order of goal of 1.5 million ZEVs by 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 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 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 Scoping Provisions TABLE 11B ELECTRIC VEHICLE CHARGING STATIONS FOR PUBLIC USE AND COMMON USE Total Number of EVCS at a Facility 1 Minimum Number (by type) of EVCS Required to Comply with Section 11B Van Standard Ambulatory Accessible Accessible 1 to to to to to 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.

12 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 Proposed code identifies 4 types of EVCSs: Van Accessible Standard Accessible Ambulatory Drive-up

14 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 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 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 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 Possible configuration for installation with 2 EVCS

19 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 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 Possible configuration for installation with 5 EVCS:

22 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.

23 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 Path of travel requirements in alterations, additions and structural repairs

24 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 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 CBC Valuation Threshold CBC uses two-tiered approach for project costs below and above a Valuation Threshold. Indexed annually currently $147,863 in 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 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 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 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 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 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 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 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 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 Jan EVCS Working Group Convened CBC EVCS Draft Regs. Developed CBC EVCS Regs Public Review and Comments Jan CBC Action on EVCS Regs by Ca BSC Jul CBC Published by ICC / CA BSC 2016 CBC Effective Date 1 January 2017

36 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 The initial public comment period for the DSA Accessibility proposals commenced on 14 August 2015 and will conclude 5:00 PM on 28 September 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 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 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