The fact sheet linked below provides a brief overview of the requirements. For full scoping and technical requirements of the building standards for electric vehicle charging stations, please refer to the full text of the California Building Code regulations at Building Standards Commission (Part 2, Volume 1). The building code amendments include provisions in Chapter 2 (Definitions) and Chapter 11B (Accessibility to Public Buildings, Public Accommodations, Commercial Buildings and Public Housing).
Construction law is quite difficult, and takes experienced professional expertise. The Division of the State Architect functions as a building oversight agency on state-funded construction projects, and can only direct you to general resources at your local building department. If DSA is the jurisdictional authority, our "California Access Compliance Reference Manual" has all of the building code accessibility regulations and policies used on projects under DSA approval authority. The Manual is available as a free download as an Adobe Acrobat (PDF) file. The Manual is also available in hardcopy at technical bookstores throughout California.
CBC Chapter 11B accessibility provisions for EVCS apply when a project consists of one or more electric vehicle charging spaces served by an electric vehicle charger or other charging equipment. Where the project does not provide charging equipment the code does not require the provision of accessible routes or other vehicle space accessibility requirements. However, it is good practice to notify the owner or owner’s representative of any additional code requirements that will be triggered by the later installation of charging equipment. The owner can use this information to determine the sequence and extent of work to be included in each phase of the project.
This particular lawsuit amounted to nothing more than a shakedown for cash, as the current laws would make it difficult to win the suit in court (more about this later) but it prompted me to dive deeper into the issue of ADA compliance. Through my research, I discovered there are some new laws on the horizon that could make ADA compliance mandatory, which means web designers and digital marketers need to know how to prepare.
Where EVCS are installed at facilities where vehicle fueling, recharging, parking or storage is NOT a primary function, compliance with Section 11B-202.4 is NOT required (see Section 11B-202.4 Exception 10). These types of facilities include shopping centers, individual stores and office buildings. While parking is frequently provided at these types of facilities, parking is not the primary function – shopping or conducting business is the primary function at these facilities.
Barden v. The City of Sacramento, filed in March 1999, claimed that the City of Sacramento failed to comply with the ADA when, while making public street improvements, it did not bring its sidewalks into compliance with the ADA. Certain issues were resolved in Federal Court. One issue, whether sidewalks were covered by the ADA, was appealed to the 9th Circuit Court of Appeals, which ruled that sidewalks were a "program" under ADA and must be made accessible to persons with disabilities. The ruling was later appealed to the U.S. Supreme Court, which refused to hear the case, letting stand the ruling of the 9th Circuit Court.[62][63]

The ADA has been criticized on the grounds that it decreases the employment rate for people with disabilities[48] and raises the cost of doing business for employers, in large part due to the additional legal risks, which employers avoid by quietly avoiding hiring people with disabilities. Some researchers believe that the law has been ineffectual.[49] Between 1991 (after the enactment of the ADA) and 1995, the employment rate of men with disabilities dropped by 7.8% regardless of age, educational level, or type of disability, with the most affected being young, less-educated and mentally disabled men.[50] Despite the many criticisms, a causal link between the ADA and declining disabled employment over much of the 1990s has not been definitively identified.[51]
The Department is evaluating whether promulgating regulations about the accessibility of Web information and services are necessary and appropriate. Such an evaluation will be informed by an additional review of data and further analysis. The Department will continue to assess whether specific technical standards are necessary and appropriate to assist covered entities with complying with the ADA.
About our methodology:  Our 2018 numbers are based on searches using keywords of data from the Courthouse News Services.  Thus, it is possible that there are some website accessibility cases that were not captured in the searches if their descriptions did not include the keywords.  We then review the thousands of entries manually to remove lawsuits that may be about websites but are not about a website’s accessibility to a user with a disability.  For example, there were a number of lawsuits in 2018 brought by plaintiffs with mobility disabilities alleging that the reservations websites of hotels did not provide adequate information about the accessibility of hotel facilities.  We also removed a number of lawsuits brought against state and local government entities under Title II of the ADA for having inaccessible websites.
The new CBC accessibility requirements for EVCS specifically identify that each EVCS, whether or not accessible, provided with a point-of-sale device must provide a tactilely discernable numerical keypad, like a push-button telephone keypad or some other technology such as RFID, biometric fingerprint or other mechanism that allows access and privacy (see CBC Section 11B-707.9.1).
Now that we have established the risks, where do we go from here? First, companies should run an accessibility scan of their webpages. There are numerous free online tools that can be used, including: http://www.wave.webaim.org and https://achecker.ca/checker/index.php. This will provide an overview of potential issues that need to be resolved. If you have in-house developers or IT, this is best handled by them. Second, look into getting ADA compliant before you receive a demand letter. Be aware however, that compliance is not cheap. Depending on your website, how much hand holding your company needs, and a few other variables, you could be looking at spending $25,000 – $50,000, on average. Third, if you receive a demand letter, make sure you hire counsel that has experience with these cases. Various legal arguments have been raised to dismiss these cases at the outset – some have been successful, but many have not. You have to consider all available options. And finally, since this will not be addressed by the DOJ anytime soon, ask your Congressperson to make sure guidelines are enacted as soon as possible. Those guidelines should take into account a business’ operations and size.
The Department of Justice provides technical assistance to jurisdictions that are in the process of adopting or amending their accessibility requirements and would like the Department's views regarding the extent to which the proposed requirements comply with or exceed ADA accessibility requirements. To obtain technical assistance, the jurisdiction submits a written request to the Department along with the proposed accessibility requirements and any appropriate supporting materials (for example, information concerning any model code or statute on which the proposed requirements are based; copies of any statute, standard, or regulation referenced in the proposed requirements; and any relevant manuals, guides, or other interpretive information about the proposed code or about provisions of the proposed code that are carried over from a pre-existing code or requirement). The same Department of Justice staff who review certification requests for finally enacted accessibility requirements will undertake a review of the proposed code for technical assistance purposes only. ADA certification, however, can only be granted for finally enacted codes and requirements that are capable of administration under state law.
The 30 minute time limit applies to drive-up EVCS of any type. This design option allows brief charging and queuing for charging service, and does not consider that batteries will be charged to full capacity. Where DCFC or any other type of charging is intended for use longer than 30 minutes, EVCS may be provided in regular parking-style vehicle spaces.
Title IV of the ADA amended the landmark Communications Act of 1934 primarily by adding section 47 U.S.C. § 225. This section requires that all telecommunications companies in the U.S. take steps to ensure functionally equivalent services for consumers with disabilities, notably those who are deaf or hard of hearing and those with speech impairments. When Title IV took effect in the early 1990s, it led to the installation of public teletypewriter (TTY) machines and other TDD (telecommunications devices for the deaf). Title IV also led to the creation, in all 50 states and the District of Columbia, of what was then called dual-party relay services and now are known as Telecommunications Relay Services (TRS), such as STS relay. Today, many TRS-mediated calls are made over the Internet by consumers who use broadband connections. Some are Video Relay Service (VRS) calls, while others are text calls. In either variation, communication assistants translate between the signed or typed words of a consumer and the spoken words of others. In 2006, according to the Federal Communications Commission (FCC), VRS calls averaged two million minutes a month.
Title II prohibits disability discrimination by all public entities at the local level, e.g., school district, municipal, city, or county, and at state level. Public entities must comply with Title II regulations by the U.S. Department of Justice. These regulations cover access to all programs and services offered by the entity. Access includes physical access described in the ADA Standards for Accessible Design and programmatic access that might be obstructed by discriminatory policies or procedures of the entity.

State agencies have been required, since January 1, 2017 by virtue of 2016 legislation, to comply with Section 508 in developing, procuring, maintaining, or using electronic or information technology “to improve accessibility of existing technology, and therefore increase the successful employment of individuals with disabilities, particularly blind and visually impaired and deaf and hard-of-hearing persons.” That statute, Government Code 7405, also requires entities that contract with state or local entities for the provision of electronic or information technology or related services to respond to and resolve any complaints regarding accessibility that are brought to the entity’s attention.
I work in a State Government office on the second floor. It has one elevator on the West side of the building. There are stairs on the West side, mid-way, and on the East side of the building which is secured. There is handicap parking on each side of the building, but with no additonal elevators and very limited handicap parking people with disabilities are struggling. Can you tell me what if anything can be done about this matter? There is a neighboring building that has parking right in from of ours on the West side that refuses to allow anyone including those with handicap placards to park there or else be towed. Can you assist with further information?

CBC Chapter 11B accessibility provisions for EVCS apply when a project consists of one or more electric vehicle charging spaces served by an electric vehicle charger or other charging equipment. Where the project does not provide charging equipment the code does not require the provision of accessible routes or other vehicle space accessibility requirements. However, it is good practice to notify the owner or owner’s representative of any additional code requirements that will be triggered by the later installation of charging equipment. The owner can use this information to determine the sequence and extent of work to be included in each phase of the project.

Spector v. Norwegian Cruise Line Ltd.[64] was a case that was decided by the United States Supreme Court in 2005. The defendant argued that as a vessel flying the flag of a foreign nation it was exempt from the requirements of the ADA. This argument was accepted by a federal court in Florida and, subsequently, the Fifth Circuit Court of Appeals. However, the U.S. Supreme Court reversed the ruling of the lower courts on the basis that Norwegian Cruise Lines was a business headquartered in the United States whose clients were predominantly Americans and, more importantly, operated out of port facilities throughout the United States.
Certification of a state accessibility code also allows business owners, builders, developers, and architects to rely on their state or local plan approval and building inspection processes for assistance with ADA compliance through the implementation of certified accessibility requirements. Should a mistake occur in the design or initial construction phase of a project, the mistake can be identified early through the plan approval and inspection processes and corrected at a time when adjustments can easily be made and the costs for doing so remain low. In this manner, state and local building code officials in jurisdictions with an ADA-certified code can play an important role in checking to determine whether accessibility requirements have been met. Also, jurisdictions that provide accessibility "check points" such as those described above through the implementation of a certified code provide a significant benefit to private industry and an incentive for growth and development.

That would be great for a referral. I am trying to fid one on my own, and am striking out on this. I’m somewhat confused though by the recently passed CA law (smaller businesses with < 25 employees can take advantage of the ADA CASP program to avoid being liable for any type of payment. That's how I'd interpreted this new regulation). The thing is he was in fact told to do this 4 + years ago (I know for a fact). My concern is maybe county zoning would have no record of this (it was in a citation)? Or, my LL would suddenly have amnesia. Thanks too.
We often see projects of gas station replacing old fuel dispensers with access compliance fuel dispensers (reach range, operable parts, point-of-sale). According to Section 11B-202.4, Exception 10, these projects would be required to comply with accessibility for primary accessible path to inside the convenient store at the gas station, public restrooms, drinking fountains, public telephones, and signs (with 20-percent limit of adjusted construction cost). Is my understanding correct regarding the replacement of old/addition of new fuel dispensers?
The debate over the Americans with Disabilities Act led some religious groups to take opposite positions.[32] The Association of Christian Schools International, opposed the ADA in its original form.[33] primarily because the ADA labeled religious institutions "public accommodations", and thus would have required churches to make costly structural changes to ensure access for all.[34] The cost argument advanced by ACSI and others prevailed in keeping religious institutions from being labeled as "public accommodations".[24]
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.
The new CBC accessibility requirements for EVCS specifically identify that each EVCS, whether or not accessible, provided with a point-of-sale device must provide a tactilely discernable numerical keypad, like a push-button telephone keypad or some other technology such as RFID, biometric fingerprint or other mechanism that allows access and privacy (see CBC Section 11B-707.9.1).
President George H.W. Bush signed the Americans with Disabilities Act into law July 26, 1990. The ADA prohibits discrimination of people with disabilities and guarantees the same opportunities as everyone else. These opportunities include employment possibilities, purchasing of goods and services and the ability to participate in State and local government programs.
Prohibited discrimination may include, among other things, firing or refusing to hire someone based on a real or perceived disability, segregation, and harassment based on a disability. Covered entities are also required to provide reasonable accommodations to job applicants and employees with disabilities.[16] A reasonable accommodation is a change in the way things are typically done that the person needs because of a disability, and can include, among other things, special equipment that allows the person to perform the job, scheduling changes, and changes to the way work assignments are chosen or communicated.[17] An employer is not required to provide an accommodation that would involve undue hardship (significant difficulty or expense), and the individual who receives the accommodation must still perform the essential functions of the job and meet the normal performance requirements. An employee or applicant who currently engages in the illegal use of drugs is not considered qualified when a covered entity takes adverse action based on such use.[18]
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