Starting January 1, 2019: Cities Must Provide Information Regarding Disability Access Laws to Business License and Building Permit Applicants for Commercial Property

On January 1, 2019, cities and counties must start issuing advisory information to business license applicants and building permit applicants for commercial properties about compliance with various disability laws.

Summary of AB 3002

Existing law requires cities and counties to provide certain information about compliance with disability access. Assembly Bill 3002 (AB 3002), codified at Government Code section 44669.5, requires additional noticing to be made readily available for applicants who wish to construct, make additions, alterations or structural repairs to commercial property. If a building license or building permit applicant is received, the city or county is required to provide the applicant an informational notice containing all of the following:

  1. General information on the compliance requirements pursuant to the ADA and the state’s disability laws.
  2. An advisory to the applicant encouraging the applicant to seek a consultation and inspection by a Certified Access Specialist so the applicant is informed of the advantages of compliance with the Construction-Related Accessibility Compliance Act, as well as the legal protections afforded property owners under the Act. The brochure must also contain information about how to locate CASp inspectors and obtain CASp services.
  3. A notice of the federal and state programs that are available to assist small businesses with disability compliance and access expenditures, such as the Disabled Access Credit for Eligible Small Businesses, Deduction for Expenditures to Remove Architectural and Transportation Barriers, the California Capital Access Program Americans with Disabilities Act Financing Program (CalCAP/ADA), and the Disabled Access Credit for Eligible Small Businesses
  4. A link to the homepage and the resource page of the California Commission on Disability Access.

The notice must be in the same format as the business license or building permit application, and must be translated into Spanish, Chinese, Tagalog, Vietnamese and Korean. However, the Division of the State Architect is required to develop a model notice that cities can use to comply with this statute. While the notice has not yet been prepared by the Division of the State Architect, you can email dsacommunication@dgs.ca.gov and request notification of when the model notice is completed.

Impact on Local Agencies

As a result of this bill, cities and counties should be prepared to furnish additional information to any business license or building permit applicant. The purpose of this bill is to help ensure that properties operating as places of public accommodation are constructed, repaired, and modified, consistent with accessibility requirements.

Questions

If you have any questions concerning this Legal Alert, please contact the following from our office, or the attorney with whom you normally consult.

Mona G. Ebrahimi

mebrahimi@kmtg.com | 916.321.4597

Omer A. Khan

okhan@kmtg.com | 916.321.4332