A COMPARISON OF THE USE OF BUILDING

CODES AND ZONING BYLAWS TO REGULATE

ELECTRIC VEHICLE INFRASTRUCTURE

Abstract
This document provides a comparison between using Building
Codes and Zoning Bylaws to regulate requirements for electric
vehicle (EV) charging infrastructure

January 2017
Jhindson202@gmail.com
A Comparison of the use of Building Codes and Zoning Bylaws
to Regulate Electric Vehicle Infrastructure
January 6, 2017 (latest update 02/10/20)
Jim Hindson, Victoria BC jhindson@telus.net

One barrier to the more widespread adoption of electric vehicles (EV) is the lack of available EV
infrastructure on public and private property locations and for residential properties in particular, where
overnight charging would meet most EV daily charging requirements.

Since it is more costly to retrofit EV infrastructure into existing buildings than provide for it at the time
of construction, regulating EV infrastructure helps to “future-proof” buildings by preventing reductions
in property value over time as new or subsequent buyers start to require EV charging capability as a
condition of purchase. At non-residential locations, EV infrastructure regulations are required to help
ensure that the daily range needs of EV owners can be met to help reduce community wide GHG
emissions.

Although building codes and zoning bylaws can be used to regulate requirements for EV infrastructure
in new construction, the potential effectiveness of the two approaches is quite different.

The purpose of building codes is to provide for the structural integrity, and the health and safety of
building occupants and is not intended to include provisions for different land uses or auxiliary
features. Building codes usually apply on a province or state-wide basis with historical exceptions for
early North American settlements1.

The purpose of zoning bylaws is to regulate how a property may be used including the size, placement,
and height of structures as well as requirements for auxiliary features or amenities such as parking.
Zoning bylaws always apply at the municipal level and apply to all land uses including when the land
use (zoning) of a property is changed.

Comparing the differences between the building code approach and the alternative use of zoning
bylaws provides insights as to why the use of zoning bylaws represents the preferable solution to meet
EV infrastructure needs and the “future proofing” of property investments.

From the perspective of EV infrastructure regulatory needs, EV infrastructure regulations should: apply
to all land uses; provide for changes to land use or occupancy; and have the ability to account for
multiple buildings on a single property. There are also the needs for; adaption to local conditions or
technology; a stakeholder consultative process; and a variance and appeal process.

Table 1 is a comparison between the building code and zoning bylaw approaches in meeting these
needs.

The building code approach generally does not meet any of these needs, whereas the zoning bylaw
approach meets all of them.

1
Some large early municipalities have their own building code (examples are Vancouver, New York, and Los
Angeles)
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Table 1 Electric Vehicle Infrastructure Regulatory Needs

EV Infrastructure Regulatory Need Building Code Zoning Bylaws1

Regulate by land use Structures All land uses
only
Ability to change requirements if occupancy (land use) changes No Yes
Tailor EV infrastructure requirements for developments with multiple buildings No Yes
Prevent the over or under-building of EV infrastructure requirements No Yes
Include a minimum performance standard (of providing “x” kWh over a period
of “y” hours) for charging each vehicle or equivalent such as the maximum No Yes
number of EV connections per circuit
Rapidly implement changes to regulations No Yes
Adjust for requirements for local conditions or circumstances Limited Yes
Local (municipal or county level) autonomy No Yes
Stakeholder involvement Limited Yes
Ability to also have a State or Province mandate2 Yes Yes
A variance process No Yes
An appeal Process No Yes
Effective Limited High
Short implementation time frame Years Weeks
Ability to quickly make changes/adjustments Years Weeks
34
Harmonization with other legislation Yes Yes

Although some jurisdictions have used building code regulations requiring EV infrastructure in new
construction, these appear limited to large cities that have their own building code and any success
appears to be limited to a subset of building types (such as residential units). There are current
initiatives in some jurisdictions to use the building code to mandate EV infrastructure, but these
initiatives would be expected lead to the under or over-building of EV infrastructure as building
regulations under the building code are not directly associated with the use of the building.

The zoning approach represents an extension of an existing process for regulating properties and
auxiliary uses. Zoning regulations or bylaws (sometimes referred to as ordinances) fit all the needs for
EV infrastructure regulation including; discrimination by land use; providing for local conditions; a built-
in variance and appeal processes; and the ability to be both implemented and updated in short periods
of time. The legislative framework for using zoning bylaws to regulate EV infrastructure is already in
place in most jurisdictions. States and provinces also already have the ability to require local
jurisdictions to implement minimum stat-wide or province-wide zoning regulations for EV infrastructure
and/or require uniform specific regulations by land use.

In summary, of the two approaches, the zoning bylaw approach is preferred as it meets all the needs
for effective EV infrastructure regulations and can be implemented in a timely manner.

1
a.k.a. Zoning ordinances
2
A State or Province usually has the ability to require local jurisdictions to adopt general or specific building or zoning by law requirements
3
There are no conflicts between the Building code and Zoning bylaws with the National Electrical Code of Canada

4
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