More than 50 million Americans – 18% of our population – have disabilities, and each is a potential customer. People with disabilities are living more independently and participating more actively in their communities. They and their families want to patronize businesses that welcome customers with disabilities. In addition, approximately 71.5 million baby boomers will be over age 65 by the year 2030 and will be demanding products, services, and environments that meet their age-related physical needs.

 

Approximately 80% of small business and commercial properties have at least one or more violations with the current federal and state requirements. A facility that is accessible to individuals with disabilities makes good business sense.

 

More importantly, it is the law and there is no ‘grandfathering’ of existing facilities.

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ALL existing places of public accommodation are required to remove current barriers on a continuous and ongoing basis.  Tax incentives are available to help absorb costs over several years.  Examples of barrier removal projects include: 1) Accessible Approach/Entrance.  2) Access to Goods and Services.  3) Usability of Restrooms and  4) Additional Access to such features as Drinking Fountains, Telephones and Any other measures necessary.

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Failure to come into compliance OR maintain compliance leaves you vulnerable to having a discrimination claim filed against you by an individual that is denied access to your business or facility due to physical access barriers.

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What Is CASp?  What Protections Does It Offer?

The Americans with Disabilities Act (ADA) requires businesses to provide access to goods and services to individuals with disabilities on an equal basis with the general public.  California’s Construction Related Accessibility Standards Compliance Act (CRASCA, also referred to as SB1608 states that any business owner that hires a Certified Access Specialist (CASp) to perform an accessibility inspection of their facility is afforded certain protections in the California court system.  These protections are:

  

• A 90-day stay of any legal action against you and an Early Evaluation Conference.
  Businesses must have had accessibility services performed by a CASp before any legal action is filed.

• Multiple damages may not be recovered at a single facility. CRASCA will help to ensure that damages may be claimed only when a plaintiff personally encountered a violation or was deterred from gaining access on a particular occasion. CRASCA clarifies that a denial of full and equal access constitutes one violation per distinct facility for purposes of damages. Damages may not be recovered for each and every single offense that may exist at the particular facility.

 

How Can A DSA Certified CASp Inspector Help?

A CASp Evaluation can provides the three items that are required to afford you the protections provided by CRASCA.  These items are:

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• an accessibility evaluation of your facility

• a detailed report of items not in compliance with construction related accessibility standards

• a schedule for improvements prepared by the Owner with assistance by the CASp

 

Am I 100% Compliant Upon Receiving a CASp report?

CASp report is an evaluation of the sites and properties in question.  The CASp inspector provides recommendations to bring building in compliance with current state and federal accessibility standards

 

If your property is NOT ADA compliant, it will be your responsibility to address, schedule and perform the improvements toward compliance.  

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If your property is found ADA compliant, you will be issued a Disability Access Inspection Certificate to post or share with any individual or entity that requests to see proof of your inspection.