What is the ADA and CBC?

The ADA stands for the American Disabilities Act.  The ADA was first enacted by the U.S. government in 1990.  It is a broad set of laws that prohibits public and private employers, state and local governments, and employment agencies from discriminating against qualified individuals with disabilities.  The ADA contains 279 pages of regulations, construction design standards, and enforcement laws regarding the rights for those with disabilities.  

The CBC stands for the California Building Code.  The CBC is an extensive series of codes that are developed as guidelines for all construction development within the state of California. CBC Chapters 11A and 11B, consisting of over 200 pages alone, are the main chapters that provide specific codes to follow for the rights of people with disabilities.  However, there are other disabilities code requirements throughout other chapters in the CBC as well. 

What is a CASp Inspector?

A California Access Specialist (CASp) is a certified professional through the State of California, who has specialized knowledge of the applicability of state and federal construction-related accessibility standards for ADA compliance.  

Unfortunately, the regulations in the California Building Code and the regulations in the Federal ADA often do not line up and are lengthy, which can make it quite confusing for business owners, operators and contractors to figure out.  This is what a CASp Inspector is for!  Our inspection reports provide an easy-to-follow guide on understanding what is not compliant with your property.

What is a Disability Access Inspection Certificate? 

The Disability Access Inspection Certificate (Certificate) is a certificate of inspection, not a certificate of compliance. A CASp does not certify that a facility meets compliance with issuance of a Certificate. A Certificate is required to be issued to you with a CASp inspection report whether or not your facility is determined to meet applicable construction-related accessibility standards. Disability Access Inspection Certificates are sequentially numbered and bear a State of California Seal to deter forgery. This number is recorded by the CASp in a record book maintained for that purpose and identifies that the certificate is issued in conjunction with a specific CASp inspection report. As a business/facility owner, you should accept no other certificate offered by a CASp other than a Certificate purchased from the Division of the State Architect. You are not required to post the Certificate at the facility that was inspected, but you should have it readily available to offer it as proof that you have had an inspection and are a holder of a CASp inspection report issued according to the requirements of CRASCA. In addition, if you do decide to post the Certificate, you may want to post a color copy and keep the original with the inspection report, as site conditions may cause the Certificate to fade or deteriorate. CASp inspection reports, however, should remain confidential and should only be disclosed after seeking the advice of an attorney.

Who is responsible for ADA Compliance?  

Either the landlord, tenant, or both can be sued. The ADA places the legal obligation to remove barriers, provide auxiliary aids and services, and maintain compliance of accessible features at a place of public accommodation on both the landlord and the tenant. The landlord and the tenant may specify within the terms of the lease who is responsible for which areas of the facility, but both remain legally responsible.      

Additionally, under California law, the landlord or commercial property owner is required to state on every lease form or rental agreement executed on or after January 1, 2017, whether or not the premises have been inspected by a CASp.  As of July 21, 2017, “commercial property,” in regard to disclosures of disability access, is defined as property that is offered for rent or lease to individuals operating, or intending to operate, a place of facility of public accommodation in which the general public is invited.

What is a "Qualified Defendant"?

A defendant in a construction-related accessibility claim against a place of public accommodation becomes a "qualified defendant" if a CASp has performed an inspection of the area with the violation and has issued a CASp inspection report to the business/facility owner prior to the date the defendant was served with a lawsuit. The CASp inspection report should state a determination of either “meets applicable standards” or “inspected by a CASp”. A report with a determination “inspected by a CASp” will identify violations of the applicable standards, list necessary improvements for their correction, and will be accompanied by a schedule for completion of the improvements over a reasonable time. To be a “qualified defendant”, you do not have to be the party who hired the CASp, so long as the basis of the lawsuit is a construction-related accessibility claim. In addition, the facility inspected does not need to be compliant with applicable construction-related accessibility standards in order for you to become a "qualified defendant". Upon being served with a lawsuit asserting a construction-related accessibility claim, a "qualified defendant" may request a court stay to postpone legal proceedings and an early evaluation conference.   

 In addition, SB 1186 legislation provides that you may be entitled to reduced statutory damages in the following instances:    

The area with respect to the plaintiff's claim was determined to be "inspected by a CASp" or "meets applicable standards" prior to the occasion the plaintiff was denied access; the area has not been modified since receiving a determination of "meets applicable standards" or the area was in progress of improvements toward compliance according to the schedule indicated in the CASp Inspection Report; and that all violations giving rise to the claim have been corrected, or will be corrected within 60 days of the complaint being served. Statutory damages reduced from $4,000 to $1,000 per occasion the plaintiff was denied access.