U.S. Access Board’s Proposed Rules for Accessible EV Charging Station Design

Topics: Legal Information, OSHA Issues

With increasing numbers of electric vehicles on the road, the U.S. Architectural and Transportation Barriers Compliance Board (“Board”) proposed new accessibility guidelines for buildings and facilities covered by the Americans with Disabilities Act of 1990 (“ADA”) and the Architectural Barriers Act of 1968 (“ABA”) focused on accessibility of electric vehicle (“EV”) charging stations and spaces. The new proposed rules will apply, if adopted, to many types of buildings and facilities, including but not limited to, office buildings, shopping malls, lodging facilities, gas stations, and restaurants.

On September 9, 2024, the Board published proposed guidelines to make EV charging stations more accessible. Employers, developers, architects, contractors, and other businesses should be aware of the following key new rules:

• Number of Accessible EV Charging Spaces: Covered establishments will be required to provide accessible EV charging spaces on a 1/25 ratio. If the EV charging station has different types of chargers (DCFC chargers vs AC Level 2 chargers), the number of accessible charging spaces is calculated separately for each type of charger. 
• Accessible Routes: While the regulations do not propose requiring the EV charging stations to be in specific places, they will require an accessible route from the accessible charging spaces to the accessible entry of the mall, building or facility. 
• EV Charger Design: The EV charger used in the accessible EV charging space must comply with existing ADA requirements for clear floor/ground space, reach range, and operable parts. The EV charger must have a screen that can be viewed at 40” above the ground. 
• Accessible EV Charging Space Design: The accessible EV charging space should be at least 132” wide, 240” long, and 98” high, with an adjacent 5’ wide access aisle. Both the space and access aisle must be level, with only a 1:48 slope ratio allowed, meaning the distance from the bottom edge of the level to the surface should be no more than half an inch. 
• Accessible EV Charger Communication Features: The new guidelines will require that every EV charger has the following features:  (1) volume control; (2) status indicators that are visually discernable for the deaf, and usable by touch or sound for those with low vision; (3) a method other than color to communicate information for the color blind; (4) audible signals that are conveyed visually or with a tactile indication; (5) if provided, two-way communication that is usable by the deaf or hard of hearing; and (6) if provided, real-time video of a quality to support sign language communications.  
• Access Aisle: Two accessible EV charging spaces, one accessible parking space, and one accessible EV charging space can share a common access aisle. The aisle must be a minimum of 60” inches wide, extend the full length of the EV charging space, and be marked to discourage parking in it.  
• Signage: Accessible EV charging spaces must be identified with signs. 

The Board invited the public to make comments or suggestions on these proposed rules by or before November 4, 2024. The enforcement agencies will likely adopt some version of the final guidelines requiring all new construction of EV charging stations to be fully compliant with the new specifications for accessibility. If existing EV charging stations are remodeled or updated at a future date, renovations may also require compliance with the new guidelines. 

Contact your favorite CDF attorney to learn how to lodge comments or suggestions with the Board or how the new proposed guidelines, once effective, will affect your business and what changes you may need to make.