Building Permits, Inspections, and ADA Compliance

Even a simple remodel may require permits. Before breaking ground or making any changes, check with your local building department to understand what permits you need and what the process entails. Building departments can also provide guidance on The Americans with Disabilities Act (ADA) and state accessibility requirements to ensure your business is compliant.

Building Permits and Inspections

In general, a building permit is needed before you construct, enlarge, alter, repair, improve, convert, demolish or change the use of a building or structure. Before you break ground or start a remodel, check with the building department for your jurisdiction (city/town or unincorporated county) to determine if and what type of building permit you may need, and what the cost and inspection process will be. 

Find links to your jurisdiction’s building department on the Business Location page.

ADA Compliance: Accessibility Matters

Ensuring accessibility for people with disabilities not only supports your customers but is also the law. State and federal laws require businesses and property owners to meet accessibility standards.

Key Considerations

To get you started, here are some key points:

• Read and negotiate your lease carefully – some property owners require tenants to pay for accessibility work, which can be expensive. Check our Business Resources page for partner links that may be of additional assistance, and check with a professional if you have concerns (e.g. a lawyer for lease negotiations and an architect or other licensed professional for building accessibility needs).
• Don’t forget your website also needs to be accessible! Accessiblity.com  is a good resource for empowering digital accessibility for businesses.
• Basics of the law – Title III of the Americans with Disabilities Act (ADA):

This is a 1990 federal civil rights law that prohibits the exclusion of people with disabilities from everyday activities. ADA regulations require that entrances, aisles, bathrooms, service counters, and other features are accessible to and useable by people with disabilities. Small business owners have basic obligations under the law to: 

1. Remove existing architectural barriers to the premises
2. Comply with building code requirements when doing any construction work
3. Always maintain accessibility of your business, making improvements or renovations as needed.

There is an exception for improvements that aren’t “readily achievable” – meaning easily accomplishable and able to be carried out without much difficulty or expense. If improvements are too expensive, you must create a plan for how to make them over time, and to meet the “equivalent access to goods and services” requirement until the improvements can be made.

• California Building Code – outlines specific ways to make your business accessible, but only requires business owners to make improvements whenever they are doing construction or renovation, typically under a building permit. There are construction valuation thresholds that inform requirements and change annually, and can found on the state’s Access Compliance Reference Materials page.
• ADA Information Line
• Pacific ADA Center
• US Access Board
• ADA Update: A Primer for Small Business
• ADA Tax Incentives for Small Business