RESOURCES FOR SMALL BUSINESSES REGARDING PHYSICAL BARRIERS AND ACCESSIBLE DESIGN STANDARDS

Businesses must be accessible to people with disabilities. Both California and federal law set specific requirements to ensure that physical barriers do not prevent such access. Below is a collection of resources for small business owners–including links to state and federal accessible design standards, advisory manuals, frequently asked questions, and toolkits–to help small business owners understand the law and make their businesses accessible.

I. CALIFORNIA STATE RESOURCES

California Resources for Physical Barriers/Accessible Design Standards: All buildings in the State of California are subject to the California Building Standards Code (the “Code”). In addition to general building requirements such as occupancy, building height and construction materials, the Code also sets out accessible design standards. This section includes links to the Code and other resources designed to help business owners make their buildings accessible.

California Division of the State Architect (DSA) Trainings and Technical Assistance: DSA develops accessibility, structural safety, and historical building codes and standards utilized in various public and private buildings throughout the State of California. The DSA website and staff offer a variety of resources to assist business owners in reaching accessible design compliance:

• California Building Standards Code
• Building Code Accessibility Updates: Includes the latest information about DSA’s proposals to amend the accessible design standards of the Code.
• Access Compliance Reference Materials, including Accessibility Frequently Asked Questions
• Access Compliance Advisory Manual: The manual is updated with each triennial Building Code update.
• Business Owners Frequently Asked Questions: Outlines accessibility obligations, protections for small businesses, and expert consultations.
• “Dispelling the Myths of Compliance”
• Technical Assistance (not legal advice): Each local DSA office also has phone lines for General Information as well as Access Compliance.

California Small Business Loans for ADA Improvements: The California Capital Access Program (CalCAP) Americans with Disabilities Act (CalCAP/ADA) Financing Program assists small businesses with financing the costs of altering or retrofitting existing small business facilities to comply with the requirements of the federal Americans with Disabilities Act (ADA) of 1990.

Certified Accessibility Specialist (CASp) Program: A CASp is an expert who has passed a state examination to become certified in the applicability of state and federal construction-related accessibility standards. An architect or engineer can review a building for access design standard compliance, but only a CASp has the State’s certification of accessible design expertise and only a CASp inspection can qualify a small business for the safe harbors outlined below. The California Department of General Services offers resources to find a CASp.

Legal Safe Harbors for Small Businesses (SB 269): In 2016, the California legislature enacted SB 269, which amended the California Civil Code and Government Code to provide small businesses (defined by number of employees and average annual gross receipts) with certain protections from liability under California law for technical violations of accessible design standards. (Civ. Code, §§ 55.53 and 55.56; Gov. Code, §§ 4459.7-4459.8; 8299.06; 65941.6; 65946.) Specifically, SB 269 provides the following:

• Businesses with fewer than 25 employees and average annual gross receipts of less than $3.5 million can avoid statutory damages for a list of enumerated technical violations—such as failure to post interior accessibility signs or incorrect parking lot striping—as long as they correct the violations within 15 days of service of the complaint or demand letter. (Civ. Code, § 55.56, subd. (e)(1).)
• Businesses with 50 or fewer employees may also claim protection if they conducted a CASp inspection prior to service of a complaint or demand letter and corrected any violations identified within 120 days of the inspection. (Civ. Code, § 55.56, subd. (g)(3).)
• Businesses with 50 or fewer employees may be granted additional time to correct violations that require a permit. (Civ. Code, § 55.56, subd. (g)(5).)
• Additionally, businesses with 50 or fewer employees can have statutory damages reduced by at least half if they previously had a CASp inspection and corrected violations within 30-60 days of being served with a complaint. (Civ. Code, § 55.56, subd. (g)(1)-(2).) See above for additional information on the CASp Program.

California Department of Rehabilitation (DOR): DOR is a state agency that provides vocational training and other related services to people with disabilities. In addition to working with businesses to employ people with disabilities, DOR offers several resources to help businesses understand and comply with accessible design standards.

• Boost Your Business: Video series on making a place of business physically accessible for people with disabilities.
• Frequently Asked Questions

II. LOCAL GOVERNMENT RESOURCES

Local Building Departments: Local jurisdictions may offer technical assistance regarding state building code compliance through the local building department or building inspector. These resources generally focus on local and state accessibility requirements, but businesses can also consult with a CASp, as described above, to ensure compliance with federal requirements as well. Check the California Architects Board website to find your local building department.

Some local jurisdictions have webpages and publications with information about accessibility for people with disabilities. Here are some examples in alphabetical order by jurisdiction:

• City of Fresno Department of Public Works: Accessible Fresno Small Business Initiative
• City of Los Angeles Business Portal: ADA Compliance
• City of Pasadena:
  • Accessibility and Disability Resources
  • Business Toolkit Business Accessibility
• City of Sacramento Community Development:
  • Disabled Access
  • Public Notice Disability Access
• City of San Diego Development Services Department: Accessibility Guide for Small Businesses
• City and County of San Francisco Office of Small Business:
  • Resources for Small Businesses
  • ADA Compliance for Business
• City of San Jose Planning, Building and Code Enforcement:
  • Bulletin #226 Disabled Access Requirements
  • Information Memorandum: New CASp Accessibility Compliance Grant Program

III. FEDERAL RESOURCES

Federal Accessible Design Standards: In addition to the California Building Standards Code, businesses must also comply with applicable federal accessible design standards. As described above, a CASp is certified in state and federal accessible design standards and can help small businesses understand which standards apply to their business and how to implement them.

• ADA Standards for Accessible Design and Guidance Materials
• Uniform Federal Accessibility Standards (UFAS)
• Federal Fair Housing Accessibility Guidelines
• Federal Fair Housing Act Design Manual

Federal ADA Guidance for Small Businesses: The United States Department of Justice (U.S. DOJ) Civil Rights Division maintains a website dedicated to facilitating compliance with the ADA.

• ADA Update: A Primer for Small Business: Foundational guidance for small businesses including how to provide meaningful access to services as well as physical accessibility.
• Guidance & Resource Materials: Publications on many aspects of ADA compliance for businesses ranging from effective communication, to web accessibility, to COVID-19 protocols.
• ADA Information Line (not legal advice): The U.S. DOJ operates a toll-free ADA Information Line to provide information and materials to the public about the requirements of the ADA.

Federal Tax Incentives: Two federal tax incentives are available to help cover costs of making access improvements for people with disabilities.