CASP INSPECTION AND CASP REPORT SERVICES

A Certified Access Specialist (CASp) is a professional certified by the state of California, possessing specialized knowledge in the application of State (California Building Code) and Federal (Americans with Disabilities Act) accessibility standards. Business owners can hire CASp consultants to conduct a CASp inspection of their property. This inspection, performed by qualified ADA inspectors, results in a CASp report that helps gauge how well the business complies with the relevant accessibility requirements.

CRASCA (also known as SB-1608) is outlined in Civil Code section 55.51-55.545 and establishes the law that allows for statutory damages to be recovered in a construction-related accessibility claim against a place of public accommodation, such as business owners. 

According to Civil Code section 55.56(e), statutory damages may be assessed for each occasion that a plaintiff is denied full and equal access, rather than the number of violations of construction-related accessibility standards identified at the place of public accommodation. This means plaintiffs can revisit your property and file additional lawsuits as long as noncompliant elements remain at your facility. Furthermore, multiple plaintiffs can pursue legal action for the same noncompliant elements. 

While CRASCA empowers plaintiffs to sue public accommodations for damages, it also offers a way for owners to safeguard themselves by obtaining

Only a CASp report compliant with CRASCA can provide business owners with essential legal protections such as: 

- A 90-day stay for an early evaluation conference 

- The possibility of reducing statutory damages from $4,000 per occasion to $1,000 per occasion if issues are corrected within 30-60 days 

- A grace period of liability for minimum statutory damages if items are corrected within 120-180 days for businesses with fewer than 50 employees over the past three years. 

Additionally, completion of a CRASCA compliant CASp report, facilitated by expert ADA consultant services, also results in a Disability Access Inspected Certificate (DAIC), commonly known as a 'window sticker.' This certificate signifies that a facility has undergone inspection by qualified ADA inspectors and serves as a deterrent against serial litigation and 'drive-by' lawsuits. Engaging a CASp consultant for your CASp inspection can further enhance your compliance efforts.

Nobody is 100% compliant. 

With the completion of a CASp Inspection, which is offered by our qualified ADA inspectors, 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 utilize our CASp consultant services may opt for a 120-day grace period during which they are free from liability for statutory damages associated with those violations identified in the CASp report if they were corrected within this 120-day period. 

Only a certified access specialist can provide the necessary services that grant '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 set 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 definition of 'readily achievable' varies for every business, but it boils down to 'easily accomplishable without much difficulty or expense.' To ensure compliance, many businesses seek out ADA consultant services and hire ADA inspectors to help navigate these requirements. When these alterations and corrections take place, or when any renovation project occurs, they are subject to the latest California Building Code. Engaging a CASp consultant can also provide valuable insights during this process.

Historic properties may qualify for special exemptions, but they are not “exempt” from the ADA. The ADA requires owners of a place of public accommodation to remove barriers that are considered 'readily achievable.' However, the California Building Code typically mandates that alterations comply with the latest code. This creates challenges for historic facilities that wish to maintain their historic character while enhancing accessibility. To navigate these challenges, ADA consultant services can assist in ensuring compliance, while also promoting access. The CBC offers alternative provisions and defers to the 2010 ADAS, which includes additional exceptions for qualified historic facilities, making it easier for ADA inspectors and CASP consultants to help with the necessary adaptations. Furthermore, a CASP inspection can provide valuable insights for historic properties aiming to improve accessibility without compromising their historical integrity.