Indeed.My head may have just exploded.
Are you saying that you’re getting a PGE (power company) rebate and a tax credit for installing an electrical device that is not compliant with the electric code?
I work with PGE on EV adoption, and was went an invite to join this pilot project before rolling out to the general public. Right now, the Chargepoint Flex is the only EVSE listed as qualified (it has to be a "smart" unit they can communicate with to work with the program).
I actually researched the Chargepoint Flex prior to purchasing, and a couple of these issues stood out. When I reached out to their customer support, they assured me that it could be mounted in a way that could be tool free (contrary to to online manual), This turned out not to be the case. They also stated that it complied with the ventilation requirement and labeling. Also not the case.
I went back and further reviewed both the 2017 and 2020 NEC andt at PGE. I prepared a document that listed all the things I felt were issues. My contact thanked me and forwarded it to another department. I got an email from them thanking me for the feedback and stating that they had scheduled a meeting with Chargepoint to discuss the issue.
NEC 625 is a bit of a mess and definitely needs some cleaning up and clarification in areas that it contradicts itself. Specifically it states that the Personnel Protection System can be contained in the EVSE and defines cord lengths for the plug and other parameters when it is, but in another section demands the receptacle itself be protected.
I decided that choosing to install it hardwired on a 60A mitigated the major code violations and potential safety concerns and went ahead with it.
Even if I accidentally change it in the app to draw the maximum 50A instead of 48A, it is unlikely to create an issue on a 60A circuit. I don't have vehicle that will draw more than 32A, and 48A seems to be the new ceiling anyway (Rivian, Tesla, Lucid, etc). Theoretically, an older Tesla with the dual chargers using the J1772 adapter could draw 50A if the app got changed. Not high on my list of concerns.
I am also extremely unlikely to have a vehicle in my garage with lead acid batteries and a J1772 charge port (I can't even think of one with that combination). The ventilation request issue is basically moot. EVs with LiIon batteries have no need for ventilation and will not request it.
Interestingly, the Leviton EVSE that came with the Honda Fit EV has a tool free mount and is labeled "Ventilation Not Required" and will refuse to charge an EV that sends a ventilation request. When I installed it in 2014, the NEC did not require the 6-50 receptacle to be GFCI protected.
And as a note, various jurisdictions will use different versions of the NEC (or other standards), and will often incorporate additions/deletions as they see fit. I am governed by a County Code based on the 2017 NEC (but moving to the 2020 version). While they have incorporated some changes, none are to section 625.