Guide to ADA Compliance in California
Is your California parking lot ADA Compliant?
If you own a business in the state of California, then you likely are already aware of the importance of ensuring your facilities are safe and accessible for all patrons. The Rose Paving team in Southern California aims to be your trusted resource for information, FAQs, and answers related to the Americans with Disabilities Act (ADA) and how business owners can ensure they are ADA Compliant.
What is ADA Compliance?
The Americans with Disabilities Act, better known as the ADA, is a comprehensive federal law enacted to protect the rights of people with disabilities by prohibiting discrimination and guaranteeing equal opportunities for people with disabilities. It applies to:
- All local, county, state, and federal government agencies;
- Any business or organization that relies on the general public or is for their benefit;
- Any business or organization that operates with 15 or more employees on staff.
Modeled after the Civil Rights Act of 1964, the ADA makes it illegal for property owners to discriminate against anyone with a disability by not providing an equal opportunity to access a primary function area, defined as a space where activities relevant to the business are conducted.
What is ADA Compliance in California?
California is known to be especially litigious when it comes to ADA enforcement.
According to California law, any violation of the Americans with Disabilities Act is considered a civil rights violation, subject to a minimum statutory penalty of $4,000, plus attorney’s fees.
It’s important to ensure your business and property are safe for all.
California ADA Compliance Resources
California has implemented its own accessibility requirements in addition to the federal requirements of the ADA. It’s especially important for California business owners to ensure their properties are not only ADA compliant, but also compliant with the California Building Standards Code (CBC).
Here are several useful resources that California business owners can utilize to ensure their compliance with all local, state and federal ADA regulations:
- Building California ADA Cheat Sheet
- California Building Standards Code 2019 Triennial Edition of Title 24
- Division of the State Architects Access Compliance Reference Manual
- ADA Standards for Accessible Design
- Information and Technical Assistance on the ADA
ADA Compliance Frequently Asked Questions
As the premium paving contractor in Southern California, we at Rose Paving feel that it is our responsibility to spread awareness, answer your questions and do what we can to ensure you are ADA compliant.
Q: Who Is Required To Be ADA Compliant?
A: According to the ADA, all businesses, even those that do not serve the public, must comply with accessible design standards when constructing or altering facilities; remove barriers in existing facilities where readily achievable and provide auxiliary aids and services when needed.
The ADA also applies to any privately run company, nonprofit or charitable organization that serves the public and/or employs 15 or more employees.
Q: What Happens If You Aren’t ADA Compliant?
A: In the State of California, any violation of the Americans with Disabilities Act is considered a civil rights violation, subject to a minimum statutory penalty of $4,000, plus attorney’s fees.
The ADA gives people with disabilities the right to file lawsuits in Federal court and obtain Federal court orders to stop ADA violations. That means business owners can be fined for ADA violations regardless of the state they live in.
Q: Who Is Exempt From The ADA?
A: The ADA does not apply to religious organizations, private clubs or any entity historically exempt from federal civil rights laws, such as places of worship and facilities controlled by religious organizations (school, day care, etc.).
Q: Do All Businesses Have to be ADA Compliant?
A: According to the Americans with Disabilities Act, businesses must make reasonable accommodations for those with recognized disabilities, but only if those businesses fall within the ambit of the law.
If your business does not utilize a building or employ 15 or more employees, then you may not need to comply with the ADA.
Q: How Do You Become ADA Compliant?
A: Knowing that your facility needs to be ADA compliant is the most important part of the process. By making it to the bottom of our Guide to ADA Compliance in California, you’ve already taken the first step toward ADA compliance.
Whether you’re constructing a new facility or updating your current building, you need to ensure your facility meets these ADA guidelines:
ADA Compliance for Parking lots, Garages and New Buildings
According to the ADA Inspection Checklist: Disabled Access Regulations, for a parking lot, garage or building to be considered ADA compliant, the business/organizations must,
“Provide path of travel from handicapped parking spaces to all accessible elements and spaces, such as walks, sidewalks, curb ramps and pedestrian ramps, lobbies and corridors, elevators, sanitary facilities, other improved areas or necessary combinations thereof that provide free and unobstructed access to and from a particular area or location for pedestrians and/or wheelchair users.”
Handicapped and accessible parking for those who are disabled and unable to traverse the distance through the parking lot, may be the most recognizable facet of the ADA but it’s far from the only requirement for parking lots and garages in the ADA compliance process.
To ensure your parking lot or facility is ADA compliant now and in the future, you can contact Rose Paving – the only full service paving contractor in Southern California with the skill, experience and expertise to address all of your ADA compliance issues.