CASP INSPECTION AND CASP REPORT SERVICES

While there is no penalty for not performing a CASp inspection, all new construction and modernization projects that are open to the public are required to be in compliance with ADA standards for accessibility. Under the ADA, existing facilities still have an ongoing obligation to remove barriers that are "readily achievable". In other words, if you are open to the public, there is an ongoing obligation to make accessibility improvements to your facility. When alterations take place, those alterations are subject to the latest applicable building code. 

Without a CASp inspection, in the event of a lawsuit, statutory damages of $4,000 may be assessed per occasion, under Civil Code section 55.56, that a person is denied full and equal access if the individual personally encountered the violation or the individual was deterred from accessing a place of public accommodation. A denial of full and equal access includes instances where a person experienced difficulty, discomfort, or embarrassment because of the violation.

If you are found liable, you will be responsible for paying the plaintiff’s attorneys fees in addition to statutory damages. 

Having a CASp evaluate your property can entitle you to a hold on litigation and shows good faith. It shows that you are aware of your properties accessibility issues and are actively working to resolve them. Our comprehensive reports include a timeline, which acts as a roadmap, of when you intend to address any accessibility barriers that may exist at your facility. 

 Having and following this timeline is key to protecting your business from future litigation. Martin Brothers Consulting Services will help make sure you stay on track to have your property be as accessible as possible. 

Nobody is 100% Compliant. 

With the completion of a CASp Inspection, you are considered a “qualified defendant.” As such, statutory damages may be reduced to a minimum of $1,000 for each occasion by the plaintiff if you can demonstrate that all construction-related violations that were the basis of the claim were corrected within 60 days of being served with the complaint. Additionally, qualifying small businesses that hire our CASp inspectors may opt for a 120-day grace period during which they are free from liability from statutory damages of those violations identified in the CASp report if they were corrected within this 120-day period. 

Only a certified access specialist can offer services that offer "qualified defendant" status. Without a CASp Inspection, statutory damages of $4,000 may be assessed per occasion under Civil Code section 55.56. If you are found liable, you may be responsible for paying the plaintiff's attorney fees in addition to statutory damages. 

Not immediately. 

Not every building is required to be brought up to current standards. When you get a CASp inspection, the standards used are, by law, the applicable standards. For example, a building originally constructed in 2012 and that remains unaltered, would not be inspected to the latest California building code. That building would be inspected to the 2010 CBC and the 2010 ADAS. 

If it was compliant when it was built, it does not have to change. Even when deficiencies are found, business owners are allowed to plan out corrections on their own schedule, provided it's reasonable and the business can prove that progress is being made. Progress can mean work is being done, or money is being put aside for future work. 

It is important to keep in mind that under the ADA, all places of public accommodation have an ongoing obligation to remove barriers that are "readily achievable." The meaning of "readily achievable" is unique for every business, but it 

boils down to, "easily accomplishable without much difficulty or expense." When these alterations and corrections take place, or when any renovation project takes place, they are subject to the latest California Building Code.  

Historic properties may qualify for special exemptions, but they are not “exempt” from the ADA. 

The ADA required owners of a place of public accommodation to remove barriers that are considered "readily achievable." However the California Building Code would normally require alterations to be to the latest code. This causes issues for historic facilities that want to preserve their historic nature while being as accessible as possible. To accommodate this while also promoting access, the CBC provides alternative provisions and defers to the 2010 ADAS which includes even more exceptions for qualified historic facilities.