Accessibility FAQs

According to the 2024 report from the California Commission on Disability Access (CCDA), the most frequently reported accessibility violations in the built environment relate to insufficient disability access. Here are the main issues that alone contain almost 50% of total violations:

1. Parking Accessibility:

Non-Compliant Parking Spaces: Many parking areas do not meet required standards because they have slopes that are too steep, sizes that are wrong, or incorrect striping. To fix these issues, it is important to follow the Standards set by the California Building Code (CBC) and the Americans with Disabilities Act Standards for Accessible Design (ADAS).

https://www.ada.gov/law-and-regs/design-standards/

2. Path of Travel:

Inaccessible Routes: Paths that connect parking lots or public areas often fail to meet standards because they have surfaces that do not comply, slopes that are too steep, or lack of warning surfaces. Making these paths safe and usable is important, as explained by the United States Access Board. https://www.access-board.gov/

Vertical Transitions: Ramps and stairs often do not meet standards because they are too steep, have landings that are not up to code, or are missing safety features like guardrails. Following CBC and ADAS Standards is necessary to fix these issues.

3. Signage:

Missing or Non-Compliant Directional and Parking and accessible element Signage: It is very important to have the right signs to guide people to accessible parking and facilities.

4. Access to Goods and Services:

Counters, drinking fountain, Tables, restrooms, and Seating: These often do not meet the height and space needed, making it hard for people with disabilities.

The ADA establishes different requirements for existing facilities and new construction. In  existing facilities where retrofitting may be expensive, the requirement to provide access through barrier removal is less than it is in new construction where accessibility can be incorporated in the initial stages of design and construction without a significant increase in cost. The requirement to remove barriers in existing buildings applies only to a private entity that owns, leases, leases to or operates a “place of public accommodation.” Further, barriers must be removed only where it is “readily achievable” to do so. Readily achievable means easily accomplishable and able to be carried out without much difficulty or expense.

If your business provides goods and services to the public, you are required to remove barriers if doing so is readily achievable. Such a business is called a public accommodation because it serves the public. If your business is not open to the public but is only a place of employment like a warehouse, manufacturing facility or office building, then there is no requirement to remove barriers. Such a facility is called a commercial facility. While the operator of a commercial facility is not required to remove barriers, you must comply with the ADA Standards for Accessible Design when you alter, renovate or expand your facility.

No. A restaurant is a public accommodation and a place of public accommodation must remove barriers when it is readily achievable to do so. Although the facility may be “grandfathered” according to the local building code, the ADA does not have a provision to “grandfather” a facility. While a local building authority may not require any modifications to bring a building “up to code” until a renovation or major alteration is done, the ADA requires that a place of public accommodation remove barriers that are readily achievable even when no alterations or renovations are planned.

At CASp United, we specialize in designing remediation plans to meet accessibility requirements following an evaluation of your parking and accessible routes. Our team of experts ensures that all modifications comply with ADA standards and local accessibility laws, providing tailored solutions to make your facilities fully accessible and compliant

Yes, but tenants and management companies also have an obligation. Any private entity who
owns, leases, leases to, or operates a place of public accommodation shares in the obligation
to remove barriers.

As amended in 1990, the Internal Revenue Code allows a deduction of up to $15,000 per year for expenses associated with the removal of qualified architectural and transportation barriers (Section 190). The 1990 amendment also permits eligible small businesses to receive a tax credit (Section 44) for certain costs of compliance with the ADA. An eligible small business is one whose gross receipts do not exceed $1,000,000 or whose workforce does not consist of more than 30 full-time workers. Qualifying businesses may claim a credit of up to 50 percent of eligible access expenditures that exceed $250 but do not exceed $10,250.

Examples of eligible access expenditures include the necessary and reasonable costs of removing architectural, physical, communications, and transportation barriers; providing readers, interpreters, and other auxiliary aids; and acquiring or modifying equipment or devices.

Yes. The ADA permits consideration of factors other than the initial cost of the physical removal of a barrier.

ILLUSTRATION: CDE convenience store determines that it would be inexpensive to remove shelves to provide access to wheelchair users throughout the store. However, this change would result in a significant loss of selling space that would have an adverse effect on its business. In this case, the removal of all the shelves is not readily achievable and, thus, is not required by the ADA. However, it may be readily achievable to remove some shelves.

A CASp is able to identify which standards apply to a property based on the age of the facility and its history of improvements. A licensed design professional such as an architect or engineer may be able to provide an access compliance evaluation, however, only a CASp can provide services that offer “qualified defendant” status in a construction-related accessibility lawsuit.

The good-faith effort of hiring a CASp, receiving an inspection report and making the necessary improvements to achieve compliance may reduce a business or property owner’s susceptibility to a lawsuit and offers specific legal benefits if an accessibility claim is filed against them.

Under the ADA and California law, both the property owner and the tenant/business owner are responsible for ensuring facilities are accessible. For this reason, it is important to check lease agreements to determine which party is responsible for ensuring facilities are accessible.

In California, a commercial property owner is required to state on every lease or rental agreement executed on or after January 1, 2017, whether or not the premises have been inspected by a CASp. If not inspected, the owner must allow the tenant to hire a CASp and mutually agree on the cost of making repairs.

Businesses may be eligible for reimbursement of barrier removal costs by the federal government through the Disabled Access Credit (up to $10,000) and the Architectural Barrier Removal Tax Deduction (up to $15,000). The Disabled Access Credit is available to eligible small businesses and the Architectural Barrier Removal Tax Deduction is available to all businesses.

Expenditures to remove barriers do not include expenditures that are paid or incurred in connection with any facility first placed in service after November 5, 1990. Under the Disabled Tax Credit, reasonable and necessary costs may be eligible for reimbursement for things such as providing qualified interpreters or other methods of making audio materials available to deaf of hard of hearing individuals, providing methods of making visual materials available to individuals with visual impairments, or acquiring and modifying equipment or devices for individuals with disabilities. Please refer to the Internal Revenue Service (IRS) website for more information on the program and ways to maximize credits and deductions.

https://www.irs.gov/businesses

The California Capital Access Program (CalCAP) Americans with Disabilities Act (CalCAP/ADA) Financing Program assists eligible small businesses with financing the costs to alter or retrofit existing small business facilities to comply with the requirements of the ADA. Businesses may receive more favorable loan terms from a lender if the loan is enrolled in the CalCAP/ADA Financing Program. To learn more about this loan, contact the California Pollution Control Financing Authority ADA Program. https://www.treasurer.ca.gov/cpcfa/calcap/ada/faq-ada.asp

For further federal tax incentives, please refer to the ADA National Network Quick Tips and Tax Incentives.

https://adata.org/factsheet/quicktips-tax

Yes. The Department recommends priorities for removing barriers in existing facilities because you may not have sufficient resources to remove all existing barriers at one time. These priorities are not mandatory. You are free to exercise discretion in determining the most effective “mix” of barrier removal measures for your facilities. The first priority is enabling individuals with disabilities to enter the facility. This priority on “getting through the door” recognizes that providing physical access to a facility from public sidewalks, public transportation, or parking is generally preferable to any alternative arrangements in terms of both business efficiency and the dignity of individuals with disabilities.

The second priority is providing access to those areas where goods and services are made available to the public.
For example, in a hardware store these areas would include the front desk and the retail display areas of the store. The third priority is providing access to restrooms (if restrooms are provided for use by customers or clients). The fourth priority is removing any remaining barriers, for example, lowering telephones.

No. The “readily achievable” obligation to remove barriers in existing facilities does not extend to areas of a facility that are used exclusively by employees. Of course, it may be necessary to remove barriers in response to a request for “reasonable accommodation” by a qualified employee or applicant as required by Title I of the ADA.

For more information, contact the Equal Employment Opportunity Commission (EEOC) which enforces Title I of the ADA.

No, when you can demonstrate that the removal of barriers is not readily achievable, you must make your goods and services available through alternative methods, if undertaking such methods is readily achievable. Examples of alternative methods include having clerks retrieve merchandise located on inaccessible shelves or delivering goods or services to the customers at curbside or in their homes.

Of course, the obligation to remove barriers when readily achievable is a continuing one. Over time, barrier removal that initially was not readily achievable may later become so because of your changed circumstances.

No, commercial facilities such as factories, warehouses, and office buildings that do not contain places of public accommodation are considered “commercial facilities” and are not required to remove barriers in existing facilities. They are, however, covered by the ADA’s requirements for accessible design in new construction or alterations.

• CASp: Certified Access Specialist
• ADA: Americans with Disabilities Act
• CalCAP: California Capital Access Program
• CBC: California Building Code
• CCDA: California Commission on Disability Access
• CFILC: California Foundation for Independent Living Centers
• CSLB: Contractors State License Board
• DSA: Division of the State Architect
• EVCS: Electric Vehicle Charging Stations
• ISA: International Symbol of Accessibility