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Denver EV owners can park underground, but a fire marshal ban stops them from charging

"They just wanted to be seen as 'doing something.'"

A parking garage.

Photo Credit: iStock

Denver residents with electric vehicles may still be able to park underground in some buildings, but charging them there is becoming a different issue altogether.

That growing tension is frustrating EV owners, who say broad restrictions in multifamily buildings could make it much harder to keep cleaner vehicles — and even e-bikes — practical for everyday use.

What's happening?

A homeowners association notice to one Denver family is at the center of the debate. In a Reddit post, a user said their in-laws were told that a Denver fire marshal would not allow EV charging in the building's underground garage.

Parking the vehicle there is still allowed, the resident said. What has changed is that charging in the below-grade garage — even with a trickle charger — is no longer permitted.

The rationale, according to the poster, came from a fire marshal memo stating: "This position is based on identified life safety hazards, the absence of prescriptive code provisions, and the significant challenges posed by EV fire events in enclosed, limited-access environments." The same post said the building's electrical systems are "all up to code and regularly inspected."

They also said the HOA is applying the restriction to bike chargers. The OP pointed to Colorado law, C.R.S. 38-33.3-106.8, which generally limits HOAs from imposing blanket bans on EV chargers, while also acknowledging that safety-related exceptions may still leave room for restrictions like this.

In the comments, some people said the real concern is how hard battery fires can be to manage in confined spaces. Others rejected the broader panic around EVs, including one commenter who wrote, "There is a huge bias to believe this FUD misinformation."

Why does it matter?

Access to home charging is one of the biggest factors in whether EV ownership is convenient and affordable.

If residents in apartment buildings or condos can park underground but cannot charge there, they may be forced to rely on public chargers, search for street parking, or give up their EVs entirely.

For people in cities who do not have private driveways or above-ground garages, that kind of restriction can be decisive. The original poster said exactly that, writing that their in-laws "love their EV, but will likely give it up if forced to charge elsewhere."

More broadly, the dispute highlights a planning challenge for cities, builders, and fire officials as more drivers move to electric transportation. The poster noted that "there are many existing buildings with underground parking and it seems really limiting if charging isn't allowed."

EV fires remain relatively uncommon, but concern over worst-case scenarios can still shape rules that affect entire communities.

What's being done?

As a possible workaround, the poster said they would likely advise their in-laws to push for "more surface level EV chargers at their building if there is space in the tiny little surface lot they have."

The same logic applies to creating safer, dedicated areas for e-bike parking and charging outside enclosed underground spaces.

Options also include reviewing state laws, asking for the exact fire or building guidance being cited, and requesting alternatives rather than a broad no-charging rule.

Even when safety concerns are legitimate, the dispute centers on whether solutions can address them without blocking EV adoption altogether.

The divide in reactions was clear in the thread. As one commenter put it, "Some things are about control and not safety. They just wanted to be seen as 'doing something.'" 

"Suggest that the building ban ICE [cars] with more than 5 gallons in the tank from parking in the subsurface garage," said another. "Large gasoline fires in an enclosed space can be dangerous."

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