EV Charging ADA Considerations – a Kiosk Perspective

By | October 17, 2021
EV Charging ADA Kiosk

EV Charging ADA Kiosk Considerations – Are They Subject to Kiosk Regulations?

From the KMA.Global FAQ October 2021

Short Answer —  Yes

Long Answer — Technically all of the regulations mandated today apply to any form of unattended self-service. In the case of some there may not be a touchscreen per se but interaction with the terminal whether via mobile or transponder still shares those regulations. Accessing a large smart city interactive screen with a mobile phone proxy is interaction without any direct physical touching of the terminal for example. In the definition of a kiosk we point out how legal sanctions often become part of the defining process. For example, in normal like we may not consider a burrito a sandwich right? However, when it comes to nutrition and food safety the FDA considers a burrito the same, legally, a sandwich. Sounds silly for sure but it illustrates equivalents.

One of the biggest challenges for EV Charging is simply location. They tend to be on existing curbs where there are no ramps

The liability is two-part:
  • that which the DOJ has basis to file interest (typically using ADA2010)
  • and that which you still might be sued for (hot coffee wasn’t regulated until suit was brought e.g.)
We think the more relevant current laws will be regarding mounting and placement. The USPS Postal Buddy kiosks are perfectly accessible, however, they were sometimes installed in less-than-accessible locations/areas. The usual height dimensions were fine.
Here are the specific regs that come into play (as referenced in the KMA Code of Practice) 305 – Maneuvering and More ADA2010 306 – Depth and Clearance ADA 2010 303 – Changes in level ADA2010 (generally not permitted) Protruding Objects ADA2010 [refers to 307] [Suggestion] Kiosks must be visually and tactilely identifiable to users as
accessible (e.g., an international symbol of accessibility affixed to the front of
the device General Reach Ranges — ADA2010 – [reach ranges specified in 508
Guidelines and Operable Parts and included in 407.8 — refer to those] Operable Parts — ADA2010 [refer to Section 508 for complete most current]
305.7.1 Maneuvering Clearance in Alcove ADA2010
403 Clear Width — ADA2010
404 Maneuvering Clearances — ADA2010
902.3 Work Surfaces, Countertop, Table Top, Voting
Under Section 508 review 402 – Closed Functionality — Section 508 Final Rule 407 – Operable Parts — Section 508 Final Rule
And for reference Audio is more often than most the largest litigated accessibility issue.

EV Charging Stations and the U.S Access Board October 2021

The ADA Standards do not currently include provisions for electric vehicle (EV) charging stations, but we recommend that access be provided to a “reasonable number,” as noted in our Parking Guide.  This is consistent with guidance from DOJ on addressing access to elements and spaces not scoped in the standards:

“What if ADAAG has no standards for a particular type of facility …? In such cases, the ADAAG standards should be applied to the extent possible. Where appropriate technical standards exist, they should be applied. If there are no applicable scoping requirements (i.e. , how many features must be accessible), then a reasonable number, but at least one, must be accessible.” (See DOJ’s ADA Title III Technical Assistance Manual, III-5.3000 Application of ADAAG).

We also recommend that electric vehicle chargers comply with criteria for operable parts in the ADA Standards (section 309), including a connecting accessible route, clear floor space, operating characteristics, and location within accessible reach range.

Requirements for operable parts do apply to fuel dispensers (i.e., gas pumps).  They include a couple exceptions specific to gas pumps (a higher height is allowed for those located on existing curbs, and gas pump nozzles are exempt from the 5 lbf max.).

ADA Parking Guide Chapter 5_ Parking Spaces

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Author: Staff Writer

Craig Keefner is the editor and author for Kiosk Association and kiosk industry. With over 30 years in the industry and experience in large and small kiosk solutions, Craig is widely considered to be an expert in the field. Major kiosk projects for him include Verizon Bill Pay kiosk and hundreds of others.