CCDA Accessibility Compliance for Businesses: "Myths and Misconceptions"

3. If I comply with the California accessibility requirements, am I in compliance with ADA?

Not necessarily. It is the sole responsibility of the business owner and/or the landlord to make sure that the facility is in compliance with the most restrictive requirements of both the California accessibility requirements AND the federal requirements under the ADA.

Remember that the accessibility requirements are reviewed by the building department only when a project is submitted for permit (meaning when you design, construct, alter, remodel, add, or change the use of or structurally repair a building or facility). Under the CBC, however, if you change the use of a room or space without submitting for a permit, the accessibility requirements of the CBC still applies.

Though the ADA contains similar construction and use requirements, it is important to remember that the ADA is a civil rights law, not a building code. The ADA applies to all the goods and services you offer to the public and this means that you have to address access to your goods and services even though you have never submitted for permit review by the building department.

In addition to physical/architectural access, "program" access is also required by ADA, Unruh Civil Rights Act, California's Disabled Persons Act (CDPA), and California Government Code (GC) 11135. This includes allowing access with service animals and providing reasonable accommodations such as American Sign Language interpreters when necessary to ensure accessibility to a person with a disability.