California continues to face a severe shortage of affordable housing, making it a top priority for policymakers, developers, and contractors. However, new legislation and regulatory requirements can often add complexity to the process. One such law, Assembly Bill 2873 (AB 2873), plays a significant role in shaping how affordable housing projects must comply with accessibility standards.
AB 2873 was signed into law to enhance compliance with state and federal accessibility regulations, ensuring that newly constructed and renovated buildings meet Americans with Disabilities Act (ADA) requirements. This law primarily focuses on the role of Certified Access Specialists (CASp) in reviewing and verifying compliance at various stages of construction.
For developers, contractors, and suppliers in the affordable housing sector, AB 2873 presents both challenges and opportunities. Understanding how the law affects building codes, permitting fees, and procurement requirements is essential for keeping projects on track while avoiding costly penalties or legal disputes.
What is AB 2873?
AB 2873 was enacted to expand the role of Certified Access Specialists (CASp) in construction projects. CASp professionals are trained experts who assess whether public and commercial buildings comply with ADA and California accessibility laws.
Key Provisions of AB 2873:
✔ Increased CASp Requirements for Local Governments:
- City and county building departments must employ or retain at least one CASp professional to review permit applications and construction projects for accessibility compliance.
✔ Allocation of Permit Fees for Accessibility Compliance:
- A portion of building permit fees must now be directed toward CASp program funding, increasing costs for developers and contractors at the permit stage.
✔ Greater Oversight and Enforcement:
- Local agencies will have expanded authority to conduct random inspections and compliance audits for new construction and major renovations.
For affordable housing projects, these changes increase the level of oversight during design, permitting, and construction.
Impact on Affordable Housing Developers and General Contractors
Developers and contractors working on affordable housing projects must now integrate accessibility compliance measures at every stage. Here’s how AB 2873 is affecting construction timelines and costs:
1. Early CASp Involvement is Essential
- Developers should engage a CASp professional early in the design phase to review plans, materials, and construction methods for compliance.
- Waiting until the permit or post-construction phase increases the risk of delays, rework, and additional expenses.
2. Increased Permit Fees
- Since a portion of building permit fees now funds CASp programs, developers should anticipate higher upfront costs when pulling permits for affordable housing projects.
- Cities and counties may impose additional fees to cover accessibility reviews, further impacting the budget for construction and rehabilitation projects.
3. Risk of Construction Delays
- CASp professionals are in high demand, and scheduling inspections, plan reviews, and approvals may extend project timelines.
- If a CASp inspection identifies non-compliance, construction may be paused until necessary modifications are made.
4. Legal and Compliance Risks
- Non-compliance with accessibility requirements can result in legal disputes, lawsuits, and fines.
- Developers and contractors must ensure that all elements—ramps, doorways, signage, parking, and pathways—meet ADA standards to avoid potential litigation.
Impact on Small Businesses and Construction Suppliers
While AB 2873 creates additional compliance requirements, it also presents new contract opportunities for suppliers and service providers in the construction sector.
1. Demand for CASp-Certified Firms
- Small businesses specializing in accessibility consulting and compliance can take advantage of new contracts with local governments, developers, and contractors.
- Becoming CASp-certified can increase credibility and marketability in the industry.
2. Procurement Opportunities for Accessibility-Related Products
- Construction projects will require ADA-compliant materials, including:
- Tactile warning surfaces
- Accessible restroom fixtures
- Braille signage
- Curb ramps and handrails
- Automatic door openers
- Suppliers offering certified and pre-approved accessibility materials will see increased demand as projects seek to meet AB 2873 compliance.
3. Expansion of Compliance Services
- Small firms that offer ADA audits, accessibility assessments, and remediation planning can provide valuable consulting services to developers and contractors.
- Companies specializing in regulatory compliance training may see new opportunities to educate construction teams on meeting AB 2873 requirements.
Challenges in Implementing AB 2873
While the law improves accessibility compliance, it also introduces hurdles for developers and contractors. Key challenges include:
Shortage of CASp Professionals
- There is a limited number of CASp-certified experts, leading to longer wait times for inspections and approvals.
Higher Costs for Developers
- Additional permit fees, compliance costs, and inspection fees add financial pressure to already tight affordable housing budgets.
Regulatory Complexity
- Developers must navigate multiple layers of compliance, including local, state, and federal accessibility laws.
How Developers and Contractors Can Prepare for AB 2873
To successfully comply with AB 2873, industry professionals should take proactive steps:
✔ Hire CASp professionals early:
- Incorporate CASp reviews into the design phase rather than waiting until construction begins.
✔ Budget for additional permit fees:
- Factor higher permit costs into project estimates to avoid unexpected financial strain.
✔ Educate project teams on accessibility compliance:
- Conduct training sessions for architects, engineers, and contractors to ensure that building plans meet all ADA requirements.
✔ Work with suppliers offering pre-certified accessibility materials:
- Ensure that products and materials meet state and federal accessibility standards to streamline compliance.
✔ Plan for potential delays:
- Build additional time into project schedules to accommodate CASp reviews, inspections, and potential modifications.
Final Thoughts
AB 2873 introduces stricter accessibility requirements for affordable housing projects, making compliance a central issue for developers, contractors, and suppliers. While this law adds new costs and regulatory challenges, it also creates business opportunities for firms specializing in accessibility compliance, construction materials, and consulting services.
Developers who take a proactive approach by engaging CASp professionals early, budgeting appropriately, and working with compliant suppliers will be better positioned to navigate these changes successfully.
For small businesses in the construction, consulting, and procurement industries, AB 2873 presents a chance to expand services and secure new contracts with local governments and private sector clients working in affordable housing.
Understanding how to integrate accessibility compliance from the start will not only help projects stay on track but also reduce legal risks and contribute to the successful development of housing that meets the needs of all Californians.
Sign in to leave a comment.