California Building Permits vs. ADA Lawsuits: Why You Need to Know Both Rules

ADA Lawsuits versus California Building Permits

If you're fixing accessibility issues in California, here's what might surprise you: courts care about one set of rules, but getting permits requires following stricter ones.

This creates a confusing situation that catches many property owners off guard.

The Problem: Two Different Standards

In ADA lawsuits, courts check if you meet the 2010 ADA Standards. These are federal rules that apply nationwide.

But when you apply for building permits in California, you must follow the California Building Code (CBC), which is often stricter.

This means you might win in court but still can't get permits to make repairs.

Real Examples Where This Matters

Ramp Width

• 2010 ADA Standards: 36 inches between handrails

• CBC: 48 inches for most buildings

Real situation: Your building sits between two walls. You can fit a 36-inch ramp without major construction, but creating 48 inches would require tearing out foundation walls.

Ramp Landing Space

• 2010 ADA Standards: 60 inches at bottom of ramp

• CBC: 72 inches

Real situation: You're installing a ramp at your front door, but the city sidewalk is too close. You have room for 60 inches but not 72 inches without moving public infrastructure.

Counter Heights

• 2010 ADA Standards: 36 inches maximum

• CBC: 34 inches maximum

Real situation: Your existing counter is 35 inches high. It passes ADA standards but not CBC when you renovate.

Good News: You Can Sometimes Use ADA Standards Instead

California law recognizes that meeting CBC isn't always possible. You can use the less strict ADA standards when CBC compliance is:

Technically Infeasible

This means CBC compliance would require:

• Removing structural walls or supports

• Major changes that aren't practical

• Work beyond your property boundaries

Unreasonably Expensive

For big projects, you can request relief if CBC compliance would:

• Cost far more than the benefit provided

• Make your project financially impossible

• Create extreme hardship

How to Handle This in Practice

Step 1: Plan for Both Standards

Start with CBC requirements since they're stricter. If you can meet CBC, you automatically meet ADA standards.

Step 2: Document Physical Limitations

Take photos and measurements showing why CBC compliance isn't possible. You'll need this for permit applications.

Step 3: Meet Requirements "To the Maximum Extent Feasible"

Even with exceptions, you must do as much as you reasonably can. Don't just do the minimum.

Step 4: Apply for Exceptions Early

Submit hardship or infeasibility applications with your permit paperwork. Don't wait until the building department asks.

Priority Order for Improvements

When you can't do everything, CBC says fix these first :

1. Accessible entrance

2. Path to the area you're renovating

3. Accessible restrooms

4. Phones and drinking fountains

The Bottom Line

Courts may only care about ADA compliance, but you can't get permits without addressing CBC requirements. However, when CBC compliance isn't realistic, you can often fall back to ADA standards with proper documentation.

The key is being honest about your limitations and working with the building department early to find solutions that work for your specific situation.

DISCLAIMER: The information provided in this post is for informational purposes only and does not constitute legal advice. Please consult a qualified attorney or consultant for advice tailored to your situation.