Keith Mack
The Americans with Disabilities Act (ADA) applies to most facilities in the public and private sectors, including state and local government facilities, places of public accommodation, and commercial facilities.
In the private sector, the ADA Standards apply to places of public accommodation and commercial facilities. Places of public accommodation include stores, restaurants, sales or rental establishments, service establishments, theaters, places of lodging, recreation facilities, assembly areas, private museums, and places of education. Commercial facilities include office buildings, factories, warehouses, and manufacturing plants.
The ADA does not cover strictly residential private apartments and homes. However, if a place of public accommodation, such as a doctor's office or daycare center, is located within a private residence, the portions of the residence used for that purpose are subject to the ADA's requirements.
The ADA Standards are not enforced like a building code, and there is no plan review or permitting process under the ADA. Building departments are not required or authorized by the ADA to enforce the ADA Standards. Entities covered by the law are ultimately responsible for ensuring compliance with the ADA Standards in new construction and alterations.
State and local access codes regulate and enforce building design and construction, including safety and accessibility, and the ADA does not intrude upon this authority. Most states and local jurisdictions have laws or ordinances that address access to the built environment, and several states have their own accessibility codes. The ADA Standards apply in addition to any applicable state or local access requirements or codes.
| Characteristics | Values |
|---|---|
| Does ADA apply to private apartments and homes? | No, unless a place of public accommodation, such as a doctor's office or daycare center, is located in a private residence. |
| Does ADA apply to private clubs? | No, but specific requirements must be met. Charging membership/annual fees does not automatically mean the business is exempt. |
| Does ADA apply to religious organizations? | No. |
| Does ADA apply to state and local government facilities? | Yes. |
| Does ADA apply to places of public accommodation and commercial facilities? | Yes. |
| Does ADA apply to transportation facilities? | Yes. |
What You'll Learn
Private apartments and homes
The Americans with Disabilities Act (ADA) does not cover strictly residential private apartments and homes. However, if a place of public accommodation, such as a doctor's office or daycare center, is located within a private residence, then the portions of the residence used for that purpose are subject to the ADA's requirements.
For example, if you are renting out a room in your private home for office space, then that room must be ADA-compliant. This is because the ADA applies to places offering goods and services to the public.
In California, if you are making any modifications to your private home, you are encouraged to make "readily achievable" improvements to the property to make it more accessible. This could include installing lever handles on doors and lavatory controls, and adding grab bars in the restrooms.
If you are planning to remodel your private home in California, and the construction value exceeds $161,298, the state requires an upgrade to full accessibility compliance for the building entry, path of travel to the remodelled area, and restrooms serving the remodelled area. If the value of construction is less than $161,298, then 20% of the value of construction must be spent on accessibility upgrades.
It is important to note that the ADA does not apply to religious organizations and private clubs, which are historically exempt from federal civil rights laws.
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Public accommodations in private residences
In the United States, public accommodations are defined as facilities, whether publicly or privately owned, that are used by the public at large. This includes retail stores, rental establishments, service establishments, educational institutions, recreational facilities, and service centers. Under federal law, public accommodations must be accessible to people with disabilities and may not discriminate on the basis of "race, color, religion, or national origin."
The Americans with Disabilities Act (ADA) does not cover strictly residential private apartments and homes. However, if a place of public accommodation, such as a doctor's office or daycare center, is located within a private residence, the portions of the residence used for that purpose are subject to the ADA's requirements.
Private clubs and religious organizations are generally exempt from the ADA's Title III requirements for public accommodations. However, religious organizations are encouraged to comply with the ADA, and some states have laws that provide for non-discrimination in public accommodations, which may be broader than federal law.
To ensure compliance with the ADA, business and property owners can refer to the ADA Standards for Accessible Design and seek guidance from professionals such as Certified Access Specialists (CASp) who can inspect their properties and provide recommendations and certifications to help protect against potential ADA lawsuits.
Overall, while the ADA does not typically apply to private residences, if a portion of the residence is used for public accommodation, it must adhere to the ADA's requirements to ensure accessibility and non-discrimination.
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Accessibility compliance in California
California has a strong commitment to equal rights for people of all physical abilities. In addition to the federal requirements of the Americans with Disabilities Act (ADA), California has implemented its own accessibility requirements. Businesses in California are required to comply with the ADA and the California Building Standards Code (CBC). The CBC incorporates accessibility requirements based on the ADA standards. This code addresses physical accessibility in buildings and facilities, ensuring that they are designed and constructed to be usable by individuals with disabilities.
California has a reputation for being especially litigious when it comes to enforcing ADA laws. According to California law, violating the ADA is a civil rights violation. The Unruh Civil Rights Act makes any violation of the ADA a civil rights violation with a minimum statutory penalty of $4,000, plus attorney's fees.
To help business and property owners understand the requirements and their responsibilities for accessibility compliance, here are some frequently asked questions regarding accessibility compliance in California:
Q: How do I find out what the accessibility requirements are for my business or property in California?
A: The requirements for accessibility compliance are determined by the type of facility, the ownership entity, and the date of construction. Most commercial properties need to comply with the 2010 ADA Standards for Accessible Design and the requirements of the 2016 California Building Code (CBC). If your building was constructed prior to 1992, when the ADA went into effect, and there are parts of the building that do not meet current accessibility requirements, it is recommended to have a Certified Access Specialist (CASp) professional conduct an inspection to determine what corrections are needed.
Q: I’m planning to remodel part of my business and the building it occupies. What do I need to do to comply with California accessibility requirements?
A: It depends on the scope of the remodel. If the construction value of the remodel exceeds $161,298, California code requires an upgrade to full accessibility compliance for the building entry, path of travel to the area of remodel, and restrooms serving the remodel. If the value of construction is less than $161,298, then 20% of the value of construction must be spent on accessibility upgrades, including an accessible route to the area of remodel, at least one accessible restroom for each sex, accessible telephones, accessible drinking fountains, and, when possible, accessible parking, storage, and alarms.
Q: What is the best way to protect my business from an ADA lawsuit?
A: The best and most cost-effective way to protect your business from an ADA lawsuit is to have a Certified Access Specialist (CASp) inspect your property. They will provide a report identifying any issues requiring correction and a certificate confirming that your property has been inspected for access compliance. Obtaining a CASp inspection and making a good-faith effort to address accessibility issues will provide your business with the best possible protection from a potential ADA lawsuit.
Q: What is a CASp inspection and what are the benefits?
A: A CASp inspection identifies "readily achievable" accessibility issues for correction, which are defined as "easily accomplishable and able to be carried out without much difficulty or expense." A CASp inspection also provides a reasonable timeframe to address any required issues and protects a business owner by establishing an intent to address required accessibility issues.
Q: What is the enforcement mechanism for accessibility compliance in California?
A: Unfortunately, the primary enforcement mechanism for accessibility compliance in California is litigation by private individuals. California's Unruh Civil Rights Act makes any violation of the ADA a civil rights violation with a minimum statutory penalty of $4,000, plus attorney's fees. Some attorneys specialize in ADA lawsuits, and the potential downside for businesses that do not address accessibility issues can be significant.
Q: What are the risks and benefits of California website accessibility compliance and non-compliance?
A: ADA non-compliance in California can result in a minimum of $4,000 in damages under the Unruh Act, in addition to attorney's fees. On the other hand, complying with accessibility standards brings several benefits. It reduces the legal risk and potential costs associated with non-compliance. It also increases your potential customer base and enhances your brand value by demonstrating a commitment to inclusivity.
Q: How do I know if my website meets California accessibility standards?
A: There are several ways to determine if your website meets accessibility standards. You can perform a website audit, ensure that your website's elements are ADA and Web Content Accessibility Guidelines (WCAG) compliant, and utilize ADA tools and resources to ensure compliance.
California has strict laws and requirements regarding accessibility compliance for businesses and properties. By understanding and adhering to these requirements, businesses can avoid legal issues and create a more inclusive environment for individuals with disabilities.
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ADA and state or local access codes
The Americans with Disabilities Act (ADA) applies to most facilities in the public and private sectors, in addition to any applicable state or local codes. The ADA Standards apply to new construction and alterations, and while the scoping and technical requirements for new construction also apply to alterations and additions, provisions and exceptions specific to alterations or additions are provided throughout the document.
State and local access codes are distinct from the ADA. The ADA does not intrude upon the authority these governmental entities have traditionally exercised over the built environment. Most states and many local jurisdictions have laws or ordinances that address access to the built environment. Several states have their own accessibility codes, while others have implemented requirements based on those of the ADA or adopted access provisions contained in model building codes.
The ADA Standards apply nationally in addition to any applicable state or local access requirements or codes. An occupancy permit issued by a local jurisdiction (or a building inspection) does not ensure ADA compliance. Although local building departments sometimes can waive building code requirements, a local waiver does not affect the entity’s obligation to comply with the ADA Standards.
The ADA sets up a voluntary process through which a state code can be certified by the Department of Justice (DOJ) as meeting or exceeding the ADA Standards that apply to public accommodations and commercial facilities. Certification facilitates compliance by ensuring that state and local code requirements are consistent with the ADA accessible design requirements. This process, in effect, integrates the requirements for accessible design under the ADA into state or local code enforcement processes. Under a certified code, design errors are more likely to be caught and remedied before construction. Also, having a DOJ-certified code offers rebuttable evidence of compliance with Title III of the ADA in response to a legal challenge under the law concerning accessible facility construction.
Building design and construction, including safety and accessibility, is largely regulated and enforced by states and local jurisdictions. The ADA does not override state or local requirements. Both the ADA Standards and all applicable state and local requirements must be satisfied. Where there is a difference, the standard that provides greater accessibility must be followed.
The ADA does not cover strictly residential private apartments and homes. If, however, a place of public accommodation, such as a doctor's office or daycare center, is located in a private residence, the portions of the residence used for that purpose are subject to the ADA's requirements.
The ADA does not apply to religious organizations and private clubs, entities which historically have been exempt from federal civil rights laws. Places of worship and other facilities controlled by a religious organization, such as a school or daycare center, are not subject to the ADA Standards. Private clubs may be similarly exempt depending on their exclusiveness, operations, and other factors. Facilities not subject to the ADA Standards may still be subject to state or local access codes.
Private residential housing is not covered by the ADA, but government-owned or operated housing and certain privately owned facilities that provide housing are subject to the ADA and its accessibility requirements. Government-owned or operated facilities may include public housing, student and faculty housing, employee housing, nursing homes, temporary housing provided in emergencies, and social service facilities, such as homeless shelters and halfway houses.
In the private sector, the ADA’s coverage of housing is limited to places of public accommodation, such as social service establishments and housing provided on or behalf of a place of education. The ADA does not apply to individually owned or leased housing in the private sector not used as a public accommodation, including single-family homes, condominiums, or apartments. Places of public accommodation located in residential buildings, such as rental and sales offices, commercial spaces, and hotel accommodations, are covered by the ADA Standards.
California has its own specific requirements for accessibility compliance, which are determined by the type of facility, the ownership entity, and the date of construction. Most commercial properties need to comply with the 2010 ADA Standards for Accessible Design and the requirements of the 2016 California Building Code (CBC).
California's Unruh Civil Rights Act makes any violation of the ADA a civil rights violation with a minimum statutory penalty of $4,000, plus attorney’s fees. The best and most cost-effective way to protect a business from an ADA lawsuit is to have a Certified Access Specialist (CASp) inspect the property and provide a report identifying any issues requiring correction and a certificate that confirms the property has been inspected for access compliance.
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Businesses that are open to the public
The Americans with Disabilities Act (ADA) applies to almost all businesses that serve the public, regardless of their size or the age of their buildings. This includes private schools, doctors' offices, private hospitals, and organizations offering courses or examinations. Commercial facilities, such as factories and warehouses, must also comply with the ADA Standards for Accessible Design.
The ADA requires businesses to make "reasonable modifications" to their policies and practices to accommodate people with disabilities. For example, businesses must allow service animals to accompany their owners, even if the business has a "no pets" policy. They must also communicate effectively with people with disabilities and follow specific standards for physical accessibility when constructing or altering buildings.
In terms of physical accessibility, businesses must comply with the 2010 ADA Standards for Accessible Design, which include requirements for elements such as accessible routes, restrooms, and parking. These standards are based on the minimum accessibility guidelines adopted by the Access Board in 2004 and are enforced through investigations of complaints and litigation.
To ensure compliance with the ADA, businesses should understand the specific requirements that apply to their industry and make any necessary modifications to their policies and facilities. It is important to note that the ADA does not apply to religious organizations and private clubs, and that there may be state or local accessibility codes in addition to the ADA requirements.
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Frequently asked questions
The ADA does not cover strictly residential private apartments and homes. However, if a place of public accommodation, such as a doctor's office or daycare center, is located in a private residence, the portions of the residence used for that purpose are subject to the ADA's requirements.
The ADA does not apply to private clubs or religious organizations. However, specific requirements must be met. Charging membership or annual fees does not automatically mean the business is exempt.
The ADA Standards apply to places of public accommodation and commercial facilities. Places of public accommodation include facilities that affect commerce and fall within twelve categories listed in the statute, including stores, restaurants, sales or rental establishments, theaters, and recreation facilities. Nearly all types of private businesses that serve the public are included, regardless of size.
