Opening a new business involves plenty of paperwork, planning, and expenses. Whether you are opening a retail store, restaurant, professional office, or another business serving the public, obtaining your local business license is an important step toward opening your doors.
However, many business owners are unaware that California law requires cities and counties to provide specific disability-access information when individuals apply for or renew a business license.
These notices are intended to make business owners aware of their responsibilities under federal and California disability-access laws and provide information about resources available to help them comply.
So, what should you expect when you visit City Hall or submit your business license application online?
What Accessibility Notices Should You Expect to Receive?
California Government Code Sections 4469 and 4469.5 establish disability-access notice requirements for local jurisdictions issuing business licenses. There are three primary statutory notice requirements applicants should be aware of. Some of the information may be combined into one informational document, while another disclosure must be provided separately.
1. General Disability Access Information – Government Code § 4469(a)
This notice informs business owners that federal and California disability-access laws apply to businesses and commercial properties open to the public. It identifies state agencies that provide information and assistance concerning accessibility requirements, including the Division of the State Architect (DSA), Department of Rehabilitation (DOR), and California Commission on Disability Access (CCDA).
The purpose is to make applicants aware of their accessibility responsibilities and direct them to resources that can help them understand those obligations.
2. Mandatory ADA Disclosure – Government Code § 4469(b)
Effective January 1, 2024, California added a separate Mandatory ADA Disclosure requirement. This notice is particularly important because it advises applicants that receiving a business license does not mean the city has inspected the premises or determined that the business complies with accessibility requirements.
The disclosure warns business owners that they may be subject to legal liability for failing to comply with federal and state disability-access laws. It also identifies common accessibility concerns, including physical barriers, website accessibility, service animal accommodations, and employee awareness of disability-access responsibilities.
What does this notice look like? Unlike general informational material, this disclosure must be provided as a separate document measuring at least 8½ by 11 inches. Applicants should expect a clearly identifiable, full-page disclosure rather than a brief statement buried in their application paperwork.
3. AB 3002 Disability Access Information Notice – Government Code § 4469.5
Established through Assembly Bill 3002, this notice provides additional information about disability-access requirements and resources available to business owners.
It encourages applicants to consult with a Certified Access Specialist (CASp) before beginning business operations and provides information about locating a state-certified professional. It also identifies potential federal tax credits and deductions for qualifying accessibility improvements and California's Capital Access Program for Americans with Disabilities Act financing (CalCAP/ADA).
What does this notice look like? The California Division of the State Architect provides a model informational notice for local jurisdictions. It contains information required under both Government Code Sections 4469(a) and 4469.5. Consequently, applicants may receive these two notices together in one informational document rather than as separate handouts.
What About the $4 Disability Access Fee?
In addition to receiving the required notices, applicants should be aware of a separate $4 disability access fee established under California Government Code Section 4467. This fee is generally collected when a local business license or equivalent instrument is issued or renewed.
The fee helps support California's CASp program, accessibility education, and local efforts to improve compliance with construction-related accessibility requirements.
Importantly, paying this fee does not mean your business has been inspected, approved, or certified as accessible.
What Should You Do With This Information?
The most important thing to understand is that receiving a business license does not establish that your commercial space meets accessibility requirements. The city or county issuing your license is not necessarily inspecting your premises for compliance with the Americans with Disabilities Act (ADA) or California Building Code accessibility standards.
For a new business owner or commercial tenant, this is an excellent time to evaluate the property before investing in tenant improvements, equipment, and construction.
Existing commercial spaces can have accessibility issues involving parking, accessible routes, entrance doors, thresholds, service counters, customer areas, and restrooms. Planned improvements may also trigger additional accessibility requirements.
Identifying these concerns early can help avoid unnecessary construction expenses, redesigns, and potential accessibility-related disputes.
How a Certified Access Specialist Can Help
A California Certified Access Specialist (CASp) is a professional certified by the State of California to evaluate facilities for compliance with applicable construction-related accessibility standards.
Involving a CASp early can help business owners understand existing site conditions, identify potential accessibility barriers, and incorporate accessibility requirements into preliminary design and tenant improvement planning.
A CASp can also provide guidance during construction to help identify potential problems before they become expensive corrections. Additionally, qualifying CASp inspections may provide certain legal protections under California's Construction-Related Accessibility Standards Compliance Act (CRASCA), subject to applicable statutory requirements.
Rather than waiting until construction is complete or your business is ready to open, consider making accessibility part of your initial business planning process.
Protect Your Investment Before You Open Your Doors
California's mandatory disability-access notices are more than just additional paperwork associated with obtaining a business license. They are an important reminder that accessibility is part of operating a business open to the public.
Understanding your responsibilities and obtaining professional guidance early can help you avoid unnecessary expenses, reduce potential compliance concerns, and create a welcoming environment for all customers.
Let Sandac LLC help you make accessibility part of your business plan from the beginning.
Jason Pasiut, MPA | CASp #886 Certified Access Specialist, ICC Certified Building Official, 25-Year Building Safety Expert
Sandac LLC – Solutions Advisory Network, Disabled Access Compliance Division
Website: www.sandac.org | Phone: 858-519-8249 | Email: caspinspected@gmail.com
About the Author: Jason Pasiut is a California Certified Access Specialist (CASp #886) with more than 25 years of experience in building code administration, plan review, inspection, permitting, and building department operations. He is a former municipal Building Official and provides accessibility consulting and CASp inspection services to businesses and property owners throughout Southern California.
Disclaimer: This article is intended for general educational purposes only and does not constitute legal advice or a determination of accessibility compliance. Business owners should consult qualified professionals regarding their individual circumstances and applicable accessibility requirements.
