California Senate Bill 269 Technical Violations

In May of 2016, Senate Bill 269 was signed into law by California Governor Jerry Brown. SB 269 gives small businesses the opportunity to fix ADA (Americans with Disabilities Act) violations before getting sued. Small businesses with less than 50 employees, now have 120 days to hire a Certified Access Specialist (CASp) and fix any violations they might have.

One problem with ADA lawsuits in California is that they are often based on minor issues. This bill states that the business has 15 days to correct any technical violations from the date of the service of an ADA lawsuit, or ADA violation notice. There are 7 potential technical violations that could invite ADA lawsuits.

California Senate Bill 269 Technical Violations:

1. Location of parking signs – Parking signs must be clearly visible and must indicate the direction of accessible parking as well as van accessible parking.
2. Color of parking signs – The color of the background of the sign must contrast with the color of the information stated on said sign.
3. Color of parking lot striping – The color must provide sufficient contrast with the lot surface and must be reasonably visible.
4. Chipped or damaged paint – The paint must be reasonably visible in fully compliant parking spaces and passenger access aisles in parking lots.
5. Lack of exterior signs – If not all pathways, entrance and exit doors are accessible, there must be signage to indicate the location of accessible pathways, entrances and exits.
6. Lack of interior signs – If the facility is not accessible, there must be signage to identify the location of accessible elements, facilities or features.
7. Warning surfaces on ramps – The presence or condition of detectable warning surfaces on ramps.

More to come on the details and impact of SB 269. If you’re concerned please learn more from our ADA consultant.