Services Alt
Welcome to Building Principles
Is Your Business Protected From An Ada Lawsuit?

The Technical Infeasibility Dilemma: Navigating ADA Regulations in California

CASp Inspection & ADA Compliance Services

Building Principles will get you the peace of mind of being ADA compliant, call one of our Certified Access Specialists today. Call or text us to set up your free consultation

The Technical Infeasibility Dilemma: Navigating ADA Regulations in California

Blog: The Technical Infeasibility Dilemma: Navigating ADA Regulations in California
May 15, 2024 |

Technically Infeasible & ADA

The Americans with Disabilities Act (ADA) has been a fundamental part of accessibility legislation in the United States, guaranteeing that individuals with disabilities have equal access to public spaces and services. However, enforcing these regulations has faced challenges, especially in California. One such challenge is the notion of "technical infeasibility," which has confused many businesses and property owners.

What is Technically Infeasible

Technical infeasibility is a term used to describe situations where it is structurally or financially impractical to make a facility or portion of a facility accessible to individuals with disabilities. Businesses and property owners cite this exception because complying with ADA regulations would be too costly or physically impossible. However, the criteria for determining technical infeasibility are quite specific and often misunderstood. Many individuals and organizations may use this exception to avoid the necessary modifications, even when the criteria are unmet.

Blog: Element #1

What is the Criteria

The ADA regulations in California clearly define technical infeasibility. It applies when the nature of an existing facility or site conditions make full compliance with the latest accessibility standards virtually impossible. This may include situations where structural elements, such as load-bearing walls or foundations, need to be altered in a way that is not feasible. In addition, if the cost of compliance exceeds 20% of the overall construction costs, technical infeasibility may be a valid consideration.

Blog: Element #2

Where is the Confusion

The term "Technically Infeasible" can be confusing when businesses and property owners in California try to claim this status without meeting the criteria. Architects and contractors sometimes incorrectly state compliance is technically infeasible, leaving businesses vulnerable to expensive lawsuits. Business owners often work with architects and contractors to ensure compliance and avoid ADA lawsuits. Still, these professionals sometimes need to be qualified in ADA compliance to determine technical infeasibility accurately. This confusion can create significant challenges for both individuals with disabilities and businesses.

Blog: Element #3

How to avoid risks

Ultimately, the technical infeasibility exception should be applied judiciously and only in cases where it is truly warranted. Suppose you, as a business owner, receive feedback from a contractor or architect stating that a project is technically infeasible. In that case, we strongly recommend seeking a second opinion from an Accessibility expert, such as a CASp, to avoid potential risks for ADA lawsuits.

Blog: Element #4
Share This Article:
Mission Statement

We as a society are morally obligated to provide proper accessibility for the disabled. At Building Principles, we believe that most business owners have every intention of making their business fully accessible. Our CASp Inspectors aim to help those business owners with the best intentions provide an accessible place to purchase goods and services for everyone. By creating an accessible environment, you send a message to the almost 26% of Americans living with disabilities that you care and can positively affect your business.

If you are looking to get your business ADA compliant and want protection from costly ADA lawsuits. Don't hesitate and give us a call or contact us at the link below to get a quote for your business, and see how we can get your business accessible and protected today.

More Blogs Contact Us
 Contact Building Principles

Get Your Business ADA Compliant Today!

Service Areas our main service areas but not limited to these locations