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North Dakota EVCS Law


47-04.1-16. Electric vehicle charging station installation - Penalty.​

1. For purposes of this section:

a. "Electric vehicle charging station" means a station that delivers electricity from a

source outside an electric vehicle into one or more electric vehicles. An electric

vehicle charging station may include several charge points simultaneously

connecting several electric vehicles to the station and any related equipment

needed to facilitate charging plug-in electric vehicles.

b. "Reasonable restrictions" means restrictions on the number, size, location, and

manner of placement or installation of an electric vehicle charging station on the

common or limited common area which do not significantly increase the cost of

the electric vehicle charging station or significantly decrease the efficiency or

specified performance of the electric vehicle charging station.

2. Any covenant, restriction, or condition contained in any deed, contract, security

instrument, or other instrument affecting the transfer or sale of any interest in the

property, or any bylaw, that either effectively prohibits or unreasonably restricts the

installation or use of an electric vehicle charging station within an owner's unit or in a

designated parking space, including a deeded parking space, a parking space in an

owner's limited common area, or a parking space specifically designated for use by a

particular owner, or is in conflict with the provisions of this section is void and

unenforceable. This section does not apply to a bylaw that imposes reasonable

restrictions on electric vehicle charging stations.

3. An electric vehicle charging station must meet all applicable health and safety

standards and requirements imposed by law, rule, or regulation. If approval is required

for the installation or use of an electric vehicle charging station, the application for

approval must be processed and approved by the administrative body governing the

condominium in a manner prescribed by the administrative body governing the

condominium and may not be willfully avoided or delayed. The approval or denial of an

application must be in writing. If an application is not denied in writing within sixty days

from the date of receipt of the application, the application is deemed approved, unless

that delay is the result of a reasonable request for additional information.

4. If the electric vehicle charging station is to be placed in a limited common area, as

provided in the required declaration contained in section 47-04.1-02:

a. The owner shall obtain approval from the administrative body governing the

condominium to install the electric vehicle charging station. The administrative

body governing the condominium shall approve the installation in a limited

common area if the owner agrees in writing to:

(1) Comply with the architectural standards of the administrative body

governing the condominium for the installation of the charging station;

(2) Engage a licensed contractor to install the charging station;

(3) Within fourteen days of approval, provide a certificate of insurance that

names the administrative body governing the condominium as an additional

insured under the owner's insurance policy pursuant to subdivision c;

(4) Pay the costs associated with the installation of and the electricity usage

associated with the charging station; and

(5) Comply with any other reasonable regulations, including regulations on the

number, size, location, and manner of placement or installation of electric

vehicle charging stations on the limited common area, as required by the

administrative body governing the condominium.

b. The owner and each successive owner of the charging station is responsible for:

(1) Costs relating to damage to the charging station, common area, limited

common area, or any unit resulting from the installation, maintenance,

repair, removal, or replacement of the charging station;

(2) Costs relating to the maintenance, repair, and replacement of the charging

station until it is removed and for the restoration of the common area after

removal;

(3) The cost of electricity associated with the charging station;

(4) Other costs not listed in this subsection which may arise; and

(5) Disclosing to prospective buyers the existence of any charging station and

the related responsibilities of the owner under this section.

c. The owner of the charging station shall, at all times, maintain a liability coverage

policy not to exceed the value of a typical condominium owner's policy. Within

fourteen days of approval of the application, the owner that submitted the

application to install the charging station shall provide the administrative body

governing the condominium with the corresponding certificate of insurance. The

owner and each successive owner shall provide the administrative body

governing the condominium with the certificate of insurance each year.

d. A homeowner may not be required to maintain a homeowners liability coverage

policy for an existing national electrical manufacturers association standard

alternating current power plug.

e. This section does not prohibit the administrative body governing a condominium

from imposing reasonable regulations on the number, size, and manner of

placement of an electric vehicle charging station in common areas or limited

common areas.

f. The administrative body governing the condominium may deny the installation of

an electric vehicle charging station based on bona fide safety requirements,

consistent with an applicable building code or recognized safety standard, for the

protection of persons and property.

5. Except as provided in subsection 6, if installation of an electric vehicle charging station

in the owner's designated parking space is impossible or unreasonably expensive, the

administrative body governing the condominium may authorize the installation of an

electric vehicle charging station for the exclusive use of an owner in a common area

that is not a limited common area. The administrative body governing the

condominium may deny the installation of an electric vehicle charging station if a

reasonable area is not available or the area cannot be reasonably accessed by the

owner. If installation is authorized under this subsection, the administrative body

governing the condominium shall enter a license agreement with the owner for the use

of the space in a common area and the owner shall comply with all the requirements in

subsection 4.

6. The administrative body governing the condominium or owners may install an electric

vehicle charging station in a common area for the use of all members of the

condominium and develop appropriate terms of use for the charging station.

7. An administrative body governing the condominium may create a new parking space

where one did not previously exist to facilitate the installation of an electric vehicle

charging station.

8. An administrative body governing a condominium which willfully violates this section is

liable for actual damages and shall pay a civil penalty to the applicant or other party in

an amount not to exceed one thousand dollars.

9. Any unit owner installing an electric vehicle charging station shall indemnify and hold

the administrative body governing the condominium harmless from all liability,

including reasonable attorney's fees incurred by the administrative body governing the

condominium resulting from a claim arising out of the installation, maintenance,

operation, or use of the electric vehicle charging station.