News

Week 4: The importance of accessibility in building construction and design

May 26, 2026

By Lilia Grigoryan
Principal Building Code Specialist, City of Glendale

Construction-related accessibility refers to the federal and state-level standards requiring new construction and alterations to provide full access to individuals with disabilities. Accessibility is not a one-time effort. It is an ongoing responsibility for business owners.

Many owners, developers, architects, and other design professionals have the common belief that securing a building permit or a certificate of occupancy means that all federal and local requirements for accessibility have been met. This is not true. A permit only authorizes a specific scope of work, and inspections are limited to that scope, not the entire facility or all accessibility obligations.

In accordance with the California Building Code (CBC), a building permit is required for most types of construction-related work. Any owner or the owner’s authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy or use of a building or tenant space must first obtain a valid building permit. Only items explicitly listed under CBC Section 105.2, “Work Exempt from Permit,” are not subject to this requirement.

Laws that Govern Access Requirements
The Americans with Disabilities Act of 1990 (ADA) is a civil rights law, not building law. And while ADA addresses construction, several parts cover ongoing maintenance, policies, and practices.

Business owners have two basic obligations under disability access laws:

  1. Remove existing architectural barriers to the premises.
  1. Comply with building code requirements when doing any construction work.

In federal Law, Title III of ADA prohibits the exclusion of people with disabilities from everyday activities. The ADA regulations require that you make access improvements to your business premises, ensuring that entrances, aisles, bathrooms, service counters, and other features are accessible to and useable by people with disabilities. You need to remove barriers only if removal is “readily achievable," which means easily accomplishable and able to be carried out without much difficulty. The U.S. Department of Justice (DOJ) states that local and state officials do not have the authority to enforce ADA on behalf of the federal government. That means Building and Safety plan reviewers and inspectors are not authorized nor responsible for enforcement of federal access requirements.

In California state law, the California State Building Code (CBC Chapter 11A and Chapter 11B) regulate compliance with Title 24. Its disability access requirements are triggered when premises are renovated or newly constructed. All construction work must comply with the disability access requirements of Title 24. In addition, when renovating your premises you must make the building’s main entrance, the primary route to the renovated area, and any bathrooms, drinking fountains, signs or public telephones serving the renovated area accessible. But if the cost of your construction project is under the "valuation threshold," your obligation to do such additional access work is capped at 20% of your construction costs. The 2026 Division of the Stat Architect (DSA) valuation threshold for California building alterations, structural repairs, or additions is $209,208.00, effective for projects submitted after January 19, 2026. Please note that California Building Code Chapter 11A and California Building Code Chapter 11B may impose accessibility and construction requirements that are more stringent than other applicable accessibility laws, codes, or standards, including federal accessibility requirements. Where multiple standards apply, the more restrictive provision shall govern. The Building and Safety plan reviewers and inspectors are authorized and responsible for enforcement of CBC Chapter 11A and Chapter 11B requirements.

In addition to Title 24, California civil rights laws, such as the Unruh Civil Rights Act, protect the right of individuals with disabilities to the full use and enjoyment of all business establishments. Both laws provide that any violation of the ADA is a violation of state law. Plaintiffs often file lawsuits in state court under the Unruh Act or Disabled Persons Act, rather than under the ADA, because state laws allow plaintiffs to recoup three times their actual damages, and in the event that no actual damages are sustained, plaintiffs may recover statutory damages. Building and Safety plan reviewers and inspectors are not authorized nor responsible for enforcement of civil rights law.

The Construction-Related Accessibility Standards Compliance Act (SB 1608) helps protect you from lawsuits if you hire a specially trained expert – a Certified Access Specialist (CASp) and follow the CASp's recommendations. It is an owner’s responsibility to hire a CASp. A CASp may lessen a business or property owner's liability and provide certain legal benefits if an accessibility claim is filed against them. Please note that there is no law that requires a property owner or tenant to hire a CASp. If you are a business or property owner, your choice not to hire a CASp shall not be admissible to prove your lack of intent to comply with the ADA or California law. Building and Safety plan reviewers and inspectors will not provide CASp services nor CASp reports.

How to Reduce Your Risk of Being Sued
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. Please see link belowfor a list of Certified Access Specialists.

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.

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

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

Responding to Complaints
If you receive a complaint:

  • Do not ignore it
  • Act promptly; delays increase legal risk
  • Consult a CASp if you haven’t already
  • Contact an experienced attorney if necessary


How To Pay for Access Improvements?
Businesses can take advantage of two federal tax incentives available to help cover costs of making access improvements for customers with disabilities:

  • A tax credit for small businesses to remove access barriers from their facilities, provide accessible services, or take other steps to improve accessibility for customers with disabilities
  • A tax deduction for businesses of all sizes that remove access barriers in their facilities or vehicles

Consult a financial professional for guidance on using these tax incentives.


For additional information, please see links below:


Disclaimer
This article reflects the interpretation and opinions of the author and is intended solely as a general summary of accessibility requirements. It should not be relied upon as a substitute for current laws, regulations, or professional advice. Applicable codes and standards may change, and they should always be independently reviewed before making any decisions. For guidance specific to a particular project or circumstance, consultation with a qualified professional is strongly recommended.


About Lilia

Lilia Grigoryan is an ICC-Certified Building Plans Examiner, a California Licensed Architect, and a Certified Access Specialist (CASp). With more than two decades of experience in both public service and private industry, she has built a strong reputation for enforcing local, state, and federal building regulations, guiding policy development, and upholding the highest standards of safety, quality, and customer service.

Before joining the City of Glendale, Lilia worked in the private sector as an architect and project manager, contributing to a wide range of large-scale developments. Her portfolio includes mixed-use projects, hotels, shopping centers, and museums, reflecting her broad expertise and commitment to excellence in the built environment.