Frequently Asked Questions (FAQs)

Here are answers to FAQs on the Disability Access Improvement Grant Program

Is there an application deadline?

No, but please be aware that applications are accepted until the funding runs out for the fiscal year, which ends June 30 of each year.

Currently, $40,000 is appropriated for Phase 1 and $200,000 is appropriated for Phase 2 of the grant program.
What is the difference between Phase 1 and Phase 2 of the grant program?

Phase 1 provides a credit of up to $8,000 for the cost of the CASp inspection and report and to cover fees for plan review, permits and inspections.

Phase 2 provides funding to cover the cost of professional design fees (by a licensed architect or engineer) and the costs for construction, labor, furniture, fixture, and equipment that pertain to the remedial work that will bring the business into compliance with federal and state accessibility laws.
Where does grant funding come from?

This program is budgeted in the Certified Access Specialist Program – ADA Compliance Fund of the City's General Fund.

The funds are raised as a result of of California Senate Bill 1186, which mandates that cities require a $1 fee on every new and renewed business tax registration for the purpose of training municipal CASp inspectors. This charge ended on December 31, 2017, but was supplanted by:
- Assembly Bill 1379 - This made the $1 fee permanent and increased it temporarily to $4 between January 1, 2018 and December 300, 2023; and
- Assembly Bill 2164 - The City sponsored this bill in 2022 to make the collection of the $4 fee indefinite. It clarified that the funds may be used to provide financial assistance to small business owners for ADA accessibility improvements.
What is a qualifying "existing" business?

To qualify, an existing business must be: A nonresidential building, nonprofit, or small business -- not based in a home -- and is registered as a business in the City of San José with at least one year remaining on its lease agreement, and is open for business.
What are examples of eligible Furniture, Fixtures, and Equipment (FF&E)?

Furniture that is eligible for reimbursement must be non-movable, such as bar counters with a lower section or a sales counter with American with Disabilities Act (ADA) Point of Sale section. Restaurant or cafe tables are not eligible for reimbursement.

Fixtures are items affixed to a wall, the floor, or entryway. Examples include bathroom grab bars, sinks, toilets, towel dispensers, door handles or signage.

Equipment generally requires electricity to operate, such power doors and buttons and other technology devices that assist disabled persons.

IMPORTANT: Grant funds will only cover accessible furniture, fixtures, and equipment if labor for the installation complies with all applicable prevailing wage requirements.
What are prevailing wages and why is this required?

All construction-related projects that receive funding from the City must comply with prevailing wage laws. These laws are to make sure that workers are paid at least a certain amount hourly, depending on the type of work.

In order to reimburse for the labor portion of accessibility improvements, your contractor must sign a form confirming that they pay their employees and subcontractors the prevailing wage. They must email it to the Office of Equality Assurance. For more information, visit the City's Labor Compliance webpage.
Can an hourly ADA assessment qualify for reimbursement?

No. This grant reimburses for a complete CASp inspection and report.
Is a CASp inspection and report required before submitting an FF&E invoice or quote?

Yes. We strongly recommend you get an inspection and report before and after installation to ensure the furniture, fixtures and equipment meet accessibility standards.
Who are CASp inspectors?

A Certified Access Specialist (CASp) is a professional who has passed an examination and has been certified by the State of California to have specialized knowledge of the applicability of state and federal construction-related accessibility standards. A CASp will know which standards apply to your property based on the age of your facility and its history of improvements. While a licensed design professional, such as an architect or engineer, can provide you an access compliance evaluation of your facility, only a CASp can provide services that offer you “qualified defendant” status in a construction-related accessibility lawsuit.
What should be included in the CASp Inspection Report?

The following should be included:
- An evaluation of building permit history and a summary of the previous remodeling work in order to consider previous triggers for access under the Californian Building Code.
- A description of both the building and its characteristics such as on-site parking, and the occupancy type such as M-retail or A-dining banquet and bar.
- Identification of all barriers, following the format of the priority table in the ADA where the 1st priority is the entrance, the 2nd priority is the path of travel, 3rd priority is the restrooms, tables and chairs, and counters.
- Photos of the barriers.
- Identification of both problems and solutions.
- A schedule of completion for each of the corrections within a reasonable timeframe.
Be sure to keep the CASp inspection report in your files. The report is confidential and should only be shared under the direction of legal counsel or unless otherwise required by law. You may, however, share this report with the construction professionals you hire to achieve compliance.
You can find a certified CASp inspector using the State’s list of certified access specialists. For additional information about hiring a CASp inspector, view the Division of the State Architect’s brochure.
Are historical buildings exempt from ADA/Accessibility compliance?

No, historical buildings are NOT exempt, although there are special allowances for preservation of historic features. The ADA contains no “grandfathering” provisions, meaning all places of public accommodation are required to comply regardless of when they were built if it is “readily achievable to do so” or easily accomplishable without significant burden or expense. Failure to comply leaves you vulnerable to a discrimination claim filed by an individual that is denied access to your business or facility due to access barriers.
Will getting a CASp inspection report make me more liable because I would be aware that my property is out of compliance?

No. Your property is required to be free of barriers regardless of your knowledge of accessibility standards. If a CASp inspection of your property is done before any litigation is filed, the CASp report will offer you with certain legal advantages such as:
- An early evaluation conference.
- A 90-day stay of court proceedings.
- A reduction in ADA violation liability amounts by 75%, from $4,000 to $1,000 per offense if the violations are corrected within certain time periods.
Will the grant cover legal fees for an ADA lawsuit?
No.
If I have already been served with an ADA lawsuit, may I still qualify for this grant?

Yes, this grant is available to applicants that meet the eligibility requirements.
Is there a deadline to submit final invoices for submitted quotes?

Yes, one year is provided to complete Phase 1 and one additional year is provided to complete Phase 2 after permit issuance. If additional time is needed, an extension may be considered by the City upon written request.
Is there a limit to the number of invoices or quotes submitted at one time?

No. Make sure each document is labeled as an invoice or a quote. All invoices and quotes submitted must not exceed maximum grant amounts.
What is a place of public accommodation?

Public accommodation refers to a private business that provides services to the general public, such as, but not limited to: restaurants, retailers, hair or nail salons, movie theatres, doctors' offices, non-profit offices, and day care centers. Short term residential rentals and private clubs that have a membership or dues process are exempt from ADA compliance and therefore not eligible for this grant program.
Are there other financial support to offset accessibility costs not covered by the grant?

Yes. There are annual Federal Tax Credits and Deductions. Consult your tax accountant to confirm allowable expenditures.

In addition, the California Capital Access Program (CalCAP) Americans with Disabilities Act (CalCAP/ADA) Financing Program assists small businesses with financing the costs to alter or retrofit existing small business facilities to comply with the requirements of the ADA. Businesses may receive more favorable loan terms from a lender if the loan is enrolled in the CalCAP/ADA Financing Program. Learn more about this loan at http://treasurer.ca.gov/cpcfa/calcap/ada.
Can I use this grant for my parklet?

No. This grant is for permanent places of public accommodation; expenses relating to a parklet are not eligible for reimbursement.
Are City permit fees covered under this grant?

Yes. City permit fees are eligible under Phase 1 of this grant program as a credit up to a maximum of $8,000 and as long as prevailing wage is complied with for the entire improvement or remediation project.