Most churches assume that being exempt from the ADA means accessibility is entirely optional. That assumption is half right, and the half that’s wrong matters a lot in California specifically. Federal law exempts churches from ADA Title III. California’s own building code does not offer the same exemption — which means ADA deficiencies in a California church building can still be a real compliance problem, just under a different law than most people expect.
Churches Are Exempt From ADA Title III
Under 42 U.S.C. § 12187 — ADA Section 307 — religious organizations and entities they control, including places of worship, are completely exempt from Title III’s public accommodation requirements. The Department of Justice describes this exemption as very broad: it covers all of a religious entity’s activities, religious or secular, even a school or day care center the church operates and opens to the general public.
A lay board running part of the operation doesn’t remove the exemption either — the test is whether a religious entity controls the operation, not who happens to sit on its board.
The Landlord Exception: When a Tenant Isn’t Exempt
The exemption is broad, but it doesn’t automatically extend to everyone using church property. If a church rents space to a separate, non-religious organization that itself qualifies as a public accommodation — a day care center or community group, for example — that tenant is subject to Title III for its own operations, even though the church landlord remains exempt.
The DOJ’s own guidance is specific on this: charging rent and having a lease is what triggers the distinction, so an informal, no-cost arrangement is a different situation than a genuine landlord-tenant relationship.
California’s Own Law Doesn’t Give Churches the Same Exemption
This is the part most churches miss entirely. The California Building Code, Chapter 11B, which sets the state’s construction accessibility standards, explicitly does not provide a religious exemption — unlike the federal ADA, California’s own accessibility code treats a church’s construction and alteration projects the same as any other building’s.
Being exempt from Title III does not mean a California church is exempt from the state building code’s accessibility requirements when it builds, renovates, or alters its facility.
What Actually Triggers Accessibility Requirements
New construction and alterations are what trigger these state accessibility standards — not ordinary maintenance. An alteration is a change that affects usability: remodeling, renovation, moving structural walls or partitions. Routine maintenance, re-roofing, painting, and similar work generally don’t count as alterations unless they affect usability.
Whenever a church applies for a building permit for new construction or a genuine alteration, the local building department will apply Chapter 11B’s accessibility standards to that project regardless of the ADA’s religious exemption.
Addressing ADA Deficiencies Even Without a Federal Mandate
Because California’s construction-triggered accessibility requirements apply independently of the federal exemption, a church planning any renovation should treat accessibility as a real line item in the project, not an afterthought — the local building department will not waive it for religious reasons the way federal law does.
For a church not currently planning construction, existing accessibility gaps aren’t a legal violation under either law, but they’re worth addressing anyway: an accessible building serves a wider congregation, and any future construction project will need to meet the state standard regardless of what exists today.
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Disclaimer: Every situation is different and particular facts may vary thereby changing or altering a possible course of action or conclusion. The information contained herein is intended to be general in nature as laws vary between federal, state, counties, and municipalities and therefore may not apply to any given matter. This information is not intended to be legal advice or relied upon as a legal opinion, course of action, accounting, tax or other professional service. You should consult the proper legal or professional advisor knowledgeable in the area that pertains to your particular situation.
