1. President's Message
2. EVCS Expedited Permitting Causes Major Access Issues in the Built Environment
3. Summary of EVCS Discussion Group

4. Request from APA

5. US Access Board Virtual Meeting: Transfer Surface Height for MDE

6. EVCS Infrastructure and the ADA

7. Access Code Collaborative – Seeking New Members
8. Resources
   • Upcoming Trainings, Conferences, and Discussion Groups
   • Legislative Update
     

Back in September of 2021, my husband and I, unfortunately, were in a car accident. Thankfully, no one was hurt but my car was totaled. As a paraplegic who uses hand controls to drive, I was not looking forward to having to buy a new car because I loved the one that I had, and I understand that it takes so much extra time to find a car that will work for me and my manual wheelchair, inclusive of the time to install hand controls on top of that. Car shopping for me is not a whole lot of fun.

I was very excited when I was able to find a replacement vehicle in Arizona and was looking forward to having my husband test drive it when it made its way to my hometown. It was an electric vehicle to boot! When it arrived, my husband, two kids and I got in the car and realized that because the vehicle was electric the battery, which was located in the trunk, cut the trunk size in half. Therefore, my wheelchair hardly fit in the trunk which is problematic because the four of us often drive together and the layout of the trunk would very likely cause damage to my wheelchair because the fit was so tight. My husband could hardly close the trunk with my wheelchair inside, let alone fit any other items such as groceries or sports bags back there. I ultimately selected a different car, a hybrid model with all necessary parts located in the hood of the car.

I’m grateful we ran into this problem with the electric vehicle because as we were literally driving all over the State to find a replacement vehicle (thank you to the computer chip shortage during COVID), I became keenly aware of Electric Vehicle Charging Stations (“EVCS”). Never having driven an electric vehicle, I had been subconsciously aware of them in the past but had never really paid much attention. Well, during our car hunt I began to notice them all over, in almost every single gas station. What I also noticed was that I did not see one single EVCS that was designed in a way that I would be able to use it if I had purchased the electric vehicle. What I saw most often was that the charging port was located at the head of the stall but was placed on a raised curb, with no ramp access. While I am very mobile, hopping up a 6” curb is no longer an element that I’m willing navigate nor put my body through as I age. Maybe, if I was in my early 20s this wouldn’t have bothered me so much, but to me now approaching forty, it is a true access barrier. I saw this same design over and over and over again, in brand spanking new gas stations, as well as older gas stations that had just recently installed EVCSs.

I became very concerned. I understand that in our great State of California, we are leading the forefront on environmental health and electric vehicles are a top priority for our elected officials. However, as I’ve dug into the law in this area since my car shopping experience, I have now come to understand why there are so many inaccessible EVCSs. A quick permitting process and the failure to pay attention to the access requirements have quite literally created a disaster for persons with disabilities, such as myself. When I have to purchase my next vehicle and the only option is to purchase an electric one (as that is where our State is headed), I’m very concerned about how I will be able to charge the car when I’m traveling, as I so often do for work. Becoming stranded without an accessible charging station is a very real concern of mine.

As a wheelchair user, who will be forced to drive an electric vehicle at some point in her life, I implore all of those in the design community to please pay attention to the accessibility requirements for EVCSs and ensure that they are incorporated into every single design. Please do not wait for your local jurisdiction to “catch” accessibility errors because the quick turnaround time for permits is not going to allow for a thorough review. There is just quite simply not enough manpower to keep up with the demand. In my experience, accessibility is already being overlooked. As design professionals there is a responsibility to ensure that all code requirements are met and therefore all accessibility requirements are met. If design professionals do not pay attention to the specifics of the code, it has a very real and direct impact on persons with disabilities, like me. I hope that my personal experience will make those reading this more aware of how important it is to pay attention to detail so that when the time comes for me to charge my vehicle, I will have access to safe and accessible charging stations.

Summary of CASI's March 18 Discussion Group on Accessible Electric Vehicle Charging Stations

In case you missed out on this lively CASI Discussion Group we are summarizing the discussions below. We want to thank Shannon Mulhall & Yousif Yousif for preparing the presentation and a big thank you to Yousif for preparing the diagrams and applicable code section sheet. Our  facilitators,  Lewis Springer, Cris Vaughan, Elizabeth Sorgman and Jason Vaughan also lent time in helping out.

This month’s CASI Webinar discussion was devoted to the accessibility requirements for electric vehicle (EV) charging stations imposed by the California Building Code. The discussion centered on 3 scenarios. Once the scenarios were presented participants were randomly assigned to one of 6 groups to discuss the 3 details. After 25 minutes groups reconvened to bring the larger group the salient points that emerged within the smaller group discussions.

Scenario 1 was to investigate which option was the most ideal placement of chargers to serve 3 accessible charging stations: an accessible EVCS stall, an accessible van EVCS stall, or an ambulatory EVCS stall.

Scenario 2 depicted a configuration where an accessible parking space shares an access aisle with an accessible EV charging station. The discussion pertaining to this scenario was to address the required markings.

Scenario 3 The third scenario pertained to a charging station itself. The discussion for this scenario centered on ensuring that the operable parts would be usable.

Discussions of scenario 1:

Most, if not all groups, pointed out that 2 of the options for the placement of the chargers would not work as they were located on the slope of the curb ramp.

Another discussion point was to the usability of having to drag the charging cable up and down the curb ramp. The consensus was the configuration was technically compliant but not necessarily usable.

Another group took it upon themselves to propose a change to the drawing by lengthening the curb ramp landing, extending the DW strip, and separating the slopes of the curb ramp so the charger is level with the charging stations.

Discussion of Scenario 2:

The outline of the access aisle at a parking space is to be blue. There is a general requirement that the access aisle serving an EV charging station be contrasting with its background but is not to be blue. There is a specific exception that says when a charging station and a parking spot share an access aisle the marking requirement in CBC 11B 502.3 applies.

Discussion of Scenario 3:

Discussion began with whether electricity is considered fuel. The consensus was that it is (there were no alternative opinions advanced anyway). There were references made to the 54 inch reach range exceptions to fuel dispensers on existing curbs. Some speculation arose that this exception may be abused. There was also a question if the connector to the charger is exempt from the 5 pound force limit to the operable part.

The discussion could have continued but by this time the hour had concluded. These discussion groups are a tremendous resource for collaborating on access issues.

How Do You Gain Recognition as a Knowledgeable Accessibility Consultant?

The lack of proven knowledge relating to accessibility in the built environment can be costly and detrimental to all involved. Construction errors, varying interpretations, and the lack of consistent application of the various accessibility requirements are problems that occur daily across the country. While Texas and California offer licensure programs for their respective state codes, the need for a National Certification in this area is long overdue.

Thus, the Accessibility Professionals Association (APA) has partnered with CPS Human Resource Services (CPS) to develop a national Certification Exam for the accessibility professional. In order to develop an accurate description of the job performed by those in this field, we need the assistance of individuals who are familiar with the job to complete an online Job Analysis Questionnaire.

The participation of accessibility professionals in the Job Analysis Questionnaire “is critical for making the Certification Exam as relevant as possible to Accessibility Professionals throughout the country,” notes Jim Terry of Evan Terry Associates, one of the subject matter experts working with APA to develop the certification. The prestigious team, headed by Robin Roberts of ACI Consulting Architects, also includes Gene Boecker of Code Consultants Inc., Bill Botten of the US Access Board, Glenn Dea of Collaborative Access Studio, Kevin Grace of Building One, Sonia Gutierrez of DC Housing and Community Development, Marsha Mazz of the US Spinal Association, Jack McClellan of AE Support Group, Robert Ronson of ADA Assistance, and John Torkelson of theACCESSpartnership, lp.

Please let us know if you are willing to participate, and we will send you the questionnaire link in late March. As an added bonus for completing the questionnaire, your name will be entered into a drawing for three $50 Amazon gift cards.

To participate please send your contact information to: Camille North, apacinfo@accessibilityprofessionals.org.

P.S. If you have any questions about this questionnaire or the rating process, feel free to email APAs partner (CPS Human Resource Service), Dr. Alan Tomassetti (atomassetti@cpshr.us or 916.471.3421).

About APA

APA is an association of professionals focusing on accessibility in the built environment. We are the premier provider of Continuing Education (CE) in accessibility standards and regulations. We offer quality training on the national ADA Standards and other current and upcoming accessibility codes and standards for any accessibility specialists, architects, designers, engineers, contractors, building owners, and other professionals. We welcome any and all professionals interested in accessibility to our organization and training sessions. We are a registered Continuing Education provider with the Texas Department of Licensing & Regulation (TDLR #1521), the Florida Department of Business and Professional Regulation (DBPR, #PVD312), the International Code Council (ICC), the American Institute of Architects (AIA), and the ADA Coordinator Training Certification Program (ACTCP). Our membership is open to all individuals and organizations.

The Board is hosting this meeting to gather information on the minimum heights that MDE with transfer surfaces, including examination tables and chairs and diagnostic imaging medical equipment with tables, can be adjusted to accommodate the broadest range of users. The meeting is open to the public, but registration is required.

Driving an electric car makes sense when you see the price of gas at the pump these days, especially if you compare the price to the 3 to 5 cents per mile you can get in a new electric vehicle. This and other factors suggest that a wave of electric vehicles (EV) is coming to a road near you.

The country has embarked on an ambitious target to have half of the vehicles that are sold in the US be zero emission vehicles by 2030. In addition, the State of California has committed to a plan of having 100% of in-state sales of passenger cars and trucks to be zero emission by 2035. As of early March 2022, sixteen states have adopted California's tailpipe emissions rules and 13 are following its zero-emission vehicle rules.  

To help develop the infrastructure necessary to support these targets the federal government is calling for an Electric Vehicle (EV) Charging Action Plan. The plan outlines steps federal agencies are taking to support developing and deploying EV chargers in American communities across the country.

The initial focus will be “building a convenient, reliable public charging network that can build public confidence, with a focus on filling gaps in rural, disadvantaged, and hard-to-reach locations.”

To further the federal agenda the Bipartisan Infrastructure Law (BIL) calls for a network of 500,000 chargers to be installed to ensure electric vehicles are “accessible to all Americans for both local and long-distance trips.” To facilitate this the bill invests $7.5 billion to build out a national network of EV chargers in the United States. The Law also provides $2.5 billion through a competitive grant program that will “support innovative approaches and ensure that charger deployment meets Administration priorities such as supporting rural charging, improving local air quality and increasing EV charging access in disadvantaged communities.”

To further facilitate implementation of the plan a Joint Office of the Departments of Energy and Transportation (https://driveelectric.gov/) has been created to ensure the agencies can work together to implement the EV charging network. It is expected that this new office will provide states, communities, industry, labor, and consumer groups with a “coordinated Federal approach and a ‘one-stop-shop’ for resources on EV Charging and related topics.”

The National Electric Vehicle Infrastructure Formula Program (NEVI) provides funding to States to “strategically deploy EV charging infrastructure and to establish an interconnected network to facilitate data collection, access, and reliability.” A fact sheet from Whitehouse.gov on the impact of the BIL says California would expect to receive $384 million over five years to support the expansion of an EV charging network.

In order to be eligible for funding each State is required to develop a plan in accordance with the FHWA NEVI Program. Along with specific requirements the applicants are recommended to include specific sections. One the recommendations is a statement on how the state plans to ensure compliance with State and Federal civil rights laws “including… the Americans with Disabilities Act (ADA) and section 504 of the rehabilitation act.”

Both the ADA and Section 504 of the rehabilitation act require that people with disabilities receive equal opportunities to participate in or have access to the goods and services being offered. An estimated 25.5 million Americans self-report as having a travel limiting disability. This statistic likely includes both drivers and passengers; either of which may need the use of accessible features (clear floor and maneuvering spaces that are connected to an accessible route and operable parts in appropriate reach ranges for example).

The ADA Standard (ADAS) establishes the requirements to ensure the built environment is accessible to a person with a disability. However, ADAS does not have scoping and technical provisions specifically addressing accessible EVCS.  The ADAS does not apply to movable furniture either. But a restaurant using movable furniture in its dining room would be remis for not including proper clear floor space, height limits, maneuvering space, and any other applicable provisions to ensure it provides integrated opportunities. However, guidance on the configuration of an ADA compliant charging station is sparse at any of the above resources. 

The US Access Board provides guidance on the configuration to ensure that an EV station is configured to facilitate access. In addition to the technical configuration of the space the guidance recommends that either a “reasonable number of spaces” serving EV charging stations be accessible or to use the scoping table for parking lots found in table 208.2 of the ADA Standard to determine an appropriate number of accessible EVCSs. The EV Project intends to install charging stations in multiple states. Local jurisdictions may have varied interpretations of the accessibility requirements. A minimum level of accessibility would ensure a certain level of consistency throughout the travel corridor.

With the adoption of the 2016 California Building Code the state of California became the first to require EV charging stations be accessible. DSA convened a working group to develop scoping and technical guidelines to ensure these stations are accessible. The working group consisted of stakeholders including individuals with disabilities, access professionals, EV manufacturers, advocates, state agencies, and building professionals.

Resources are out there. As entities apply for those federal funds it is important to address the appliable state and federal civil rights laws. In addition to the previously mentioned guidance from the US Access Board consultation with a California Certified Access Specialist can provide the relevant information to ensure compliance.

The Division of the State Architect (DSA) is seeking to fill six vacancies on the Access Code Collaborative (ACC). The ACC is a standing body of diverse, representative stakeholders who will work cooperatively with DSA to offer input and feedback regarding proposed amendments to the accessibility provisions of the California Building Code (CBC).

Applications for individuals interested in serving on the ACC are being accepted until Friday, May 20, 2022. Information regarding desired stakeholder expectations and qualifications can be found in the Access Code Collaboration Charter. Qualified individuals can complete and submit the online form DSA 670: Access Code Collaborative Membership Application.

Selection of individuals for the next term will occur in June 2022. New members will be selected by DSA and representatives from our partner agencies, the Department of Rehabilitation (DOR) and the California Commission on Disability Access (CCDA). Once selected individuals are confirmed, DSA will announce the new ACC members, share individual biographies, and provide information about the ACC and the 2022 CBC Intervening Code Cycle.

The ACC was created in 2017 in an effort to improve stakeholder collaboration in DSA’s access code development process. With assistance from the UC Davis Extension Collaboration Center, valuable stakeholder input was gathered that informed DSA’s plans for the ACC; they determined that supporting new stakeholders to participate in the process and encouraging ACC members to engage with their representative stakeholder communities were essential to the success in this endeavor. The group first met in October 2017 and has continued to meet regularly, providing members an opportunity to engage in the CBC rulemaking process. Additionally, the ACC established the ACC Charter, which defines the scope of the collaborative, establishes member roles and responsibilities, and sets ground rules for participation.

DSA would like to acknowledge and thank the following outgoing members of the ACC, for their time and service in improving accessibility regulations in the CBC: Rosemary Hannah Barker, Kaylan Dunlap, Soojin Hur, Gary Layman, Vidal Medina and Lewis R. Springer III.

Thank you for your continuing interest in DSA’s efforts to engage the public in the regulatory process to improve the accessibility regulations of the California Building Code.

More information about the ACC is available on the Access Code Collaborative webpage. If you have questions about the ACC application process, please email DSAACCApplications@dgs.ca.gov.

• California EVCS Accessibility: Accessibility Regulations for Electric Vehicle Charging Stations
  (DSA academy On demand – FREE to the public)
• U.S. Access Board to Host Virtual Public Meeting on Low Transfer Surface Height for Medical Diagnostic Equipment
  (Meeting will be held May 12, 2022 – Open to the public)
  

(amendments are highlighted and in bold)

BILLS TO WATCH 

• AB 2483 (PENDING (Not yet law) - amended) - Department of Housing and Community Development to award incentives by 12/31/2023 to the Multifamily Housing Program project applicants that agree to set aside at least 25% of the project’s units for homeless or eligible to receive specialized services.
  • Authorizes the state to contract with agencies/individuals to assist disabled persons in securing their own homes and provide support needed to live in their own homes.
  • Incentives are:
    • Higher loan limits are higher for units designated for people experiencing homelessness;
    • An exemption for project applicants to submit a services plan for units set aside under this sections, so long as the project applicant has completed an executed agreement with a provider for qualifying services to offer services in set aside units.
    • An exemption from services caps the Department imposes.
    • Allowing project applicants to use funds made available under this chapter for creating alternative care sites for projects aligning with PACE or other service space to offer other qualifying services to eligible individuals.

• SB 2164 (PENDING (Not yet law) - amended) – Expands purpose of Disability Access and Education Revolving Fund to include providing financial assistance to small businesses for the construction of physical accessibility improvements.
  • Eliminates collection of $1.00 on 1/1/24 and makes a $4.00 collection indefinite.
  • 90% of the funds are to be retained by the jurisdiction indefinitely and expands the use to provide financial assistance for small businesses for access inspections, renovations and construction.
  • This bill would require a city, county, or city and county to also submit the report to the California Commission on Disability Access, and require the report to include additional information regarding financial assistance provided to small businesses for construction of physical accessibility improvements. By imposing an additional requirement on a local government, this bill would impose a state-mandated local program.

• AB 1883 (PENDING (Not yet law) – amended) – Public Restroom List: Jurisdictions are to complete a list of inventory of accessible, permanent public restrooms owned and maintained (either directly or via contract) by 7/1/23. The findings must be reported to the State Department of Public Health and make the information available and searchable to the public on its website. Outreach to homelessness would be required to inform them of the database.
  • The database would be updated quarterly

• AB 2638 (pending - amended)  – “Water bottle filling station” is defined as a “water dispenser accessible to all people in compliance with the Americans with Disabilities Act that dispenses clean water directly into a water bottle or other drinking container.”
  • This bill was amended so that it would be applied to only new projects or modernization projects submitted to the DSA for approval.

NEW BILLS

• AB2075 (PENDING (Not yet law)) – EVCS – This bill would require the Energy Commission in addition to the California Building Standards Commission, to adopt, by regulation EVCS standards to be incorporated into other building design and construction standards. This bill would require the Building Standards Commission to approve those EVCS standards and incorporate those standards into the Ca Building Standards Code.
• AB 2829 (PENDING (Not yet law)) – DSA Grant Program - Until January 1, 2028, would establish the Certified Access Specialist Inspection Grant Program to assist small businesses in obtaining CASp inspections, and would require the State Architect to administer the program.
  • Small businesses with fewer than 50 employees, with a physical property in the state, to apply for a grant for a CASp inspection of the small business’s property, in an amount equal to the actual cost of the inspection, not to exceed $3,000 per inspection.
  • The bill would require the State Architect to develop an application and to develop criteria to evaluate and award the grants, as specified, and would require the State Architect to annually submit a report to the Legislature on the results of the program. The bill would appropriate an unspecified amount from the General Fund to the Certified Access Specialist Fund, a continuously appropriated fund, for purposes of the program.         
• AB2962 (PENDING (Not yet law)) – Unruh Act – This bill would declare that federal courts do not have authority to declines supplemental jurisdiction over Unruh Act claims.
  • This is a California law that is imposing requirements on federal courts and is attempting to usurp the discretionary authority of the federal court to decline supplemental jurisdiction under USC 1337.

Accessibility Online

The Access Board, in cooperation with the National Network of ADA Centers, offers a free monthly webinar series on the Board’s guidelines and standards and other aspects of accessible design.  Sessions also provide an opportunity to earn continuing education credits (CEUs).

To register, visit www.accessibilityonline.org.  Direct inquiries to adaconferences@adagreatlakes.org or 877-232-1990 (v/TTY).

Webinars are recorded, and past sessions are available in the AO site archives.

Most recent:

Accessibility in the Federal Workspace

Also available:

General overview of the ADA and ABA standards

Communication elements

Plumbing requirements

Specific building elements

Access within the public rights of way

Recreational facilities

And outdoor developed areas

The Valuation Threshold for Alterations, Structural Repairs or Additions to Existing Buildings – in accordance with the 2019 California Building Code Chapter 2 definition of VALUATION THRESHOLD, the 2022 valuation threshold is $186,172.00 and will be updated again in January 2023.

Additional information is available on DSA's Access Compliance Reference Materials webpage.