ADA REQUIREMENTS AND YOUR SMALL BUSINESS

Making your business accessible is not a one-time endeavor, it is an ongoing responsibility. Various state and federal disability access laws apply to small business in California. Non-compliance can result in significant expense from defending and settling "drive-by" lawsuits.

IMPORTANT REMINDERS FOR SMALL BUSINESSES 

• Even if you are not engaged in construction or renovation, you are subject to federal and state disability rights laws. Compliance with building code requirements does not relieve you of the obligation to comply with civil rights laws, and vice versa.

• The Department of Building Inspection (DBI) only reviews the California disability access code requirements triggered by the renovation work. When DBI signs off on a building permit or certificate of occupancy, DBI does not conduct a general review of the premises to identify disability access code violations.

• The primary responsibility for compliance with building codes lies with your architect and contractor. Even if DBI approves the building permit or certificate of occupancy, it may miss a relevant disability access code violation. If so, you, not the City, will be responsible for the access violation.

How to Reduce Your Risk of Being Sued

1. Hire a Certified Access Specialist (CASp). A CASp will survey your premises to identify barriers to access. If you are sued, the CASp inspection report makes you eligible to request a 90-day stay of the lawsuit and an Early Evaluation Conference. Without a report, you cannot benefit from this valuable opportunity. 

2. Review the report provided by your CASp. The report either certifies that you have complied with state and federal disability access laws, or explains the steps necessary to achieve full compliance. The report will also provide a recommended timeline for removal of all "readily achievable" barriers to access.

3. Remove barriers over time, according to the CASp report's timeline, and as you can afford to do so.

4. Use tax credits and deductions to help reduce (or eliminate) the costs of barrier removal.  

If you do receive a verbal or written complaint, follow up immediately. Delay may lead to litigation. For this reason:

• DO NOT ignore the letter or other complaint sent to you by a person with a disability. Letters may be precursors to a lawsuit or complaint filed with DBI.
• DO respond to the letter or other complaint. You may respond by simply letter the complainant know that you take his or her concerns seriously and will consult with a professional, such as a CASp inspector and/or legal counsel.
• DO consult with a CASp inspector if you have not done so already.
• DO immediately call an experienced attorney if you are sued.

How Do I Pay for Access Improvements?

 

Tax Benefits: Tax incentives are available to help absorb costs. You may be able to take as much as $5,000 in tax credits and $15,000 in deductions per year over several years for making accessibility improvements.

Loans: Opportunity Fund – Some “micro-lenders” have a program to offer loans from $1000 to $50,000 to assist you with the cost of a CASp inspection and report, access improvements, and legal assistance.