Casper ADA Blog

California business owners have been given a strong incentive by the California Legislature to have their properties inspected by a Certified Access Specialist (”CASp”).  Beyond the obvious incentive of complying with the American’s with Disabilities Act (”ADA”) and the California Building Code (”Title 24″) by assessing your property and creating a plan to remove barriers, business owners now gain added legal benefits in the event of a lawsuit after hiring a CASp to perform an inspection.

California Senate Bill 1608  “Disability Access Law Reform” was signed into law in 2008 and became effective in January 2009.  This law set up a frame work for business owners to utilize the experts that participated in the California Certified Access Specialist Program which went into effect in late 2008.   With the creation of the CASp Program, California put in place a method to ensure that business owners had access to a group of experts with the necessary experience, training and skills to guide them in the access laws.   SB1608 took access reform another step by providing guidelines for CASp inspections and reports and by giving business owners added incentives to utilize CASp credentialed accessibility consultants.

Once a property has been inspected by a CASp, the business owner will receive a certificate from the CASp that can be posted at the place of business to notify customers that the business is “CASp Inspected”.   In addition, in the event of a lawsuit, the property owner is entitled to a 90-day stay of the lawsuit and the right to an early evaluation meeting with the judge to determine if the lawsuit has merit. 

These privileges awarded to CASp inspected properties will help to reduce the likelihood that a CASp inspected property will be the target of a frivolous “drive-by” lawsuit and in the event that a lawsuit is filed, will help reduce the legal costs by providing an early meeting with the judge.

By posting a CASp inspection certificate at your place of business, you are notifying your customers that you are actively engaged in ensuring your business complies with the access laws and you are notifiying potential litigants that you are entitled to the legal privileges granted you by SB1608.

Take advantage of these available benefits by having your property inspected by a CASp.  Contact us at (619) 741-1080 to schedule your inspection.

Operating a successful business in the State of California, while navigating State laws, building codes and compliance issues, can be daunting. Disability access is one of today’s hot issues, and understanding your responsibilities and your rights can be confusing.

Recently, the California legislature enacted historic reform to California’s disability access laws. According to the California Chamber of Commerce the reform legislation (SB 1608) is “designed to promote and increase compliance with laws providing equal public access in places of business to individuals with disabilities, while reducing unwarranted litigation that does not advance that goal.”

That sounds great, but how do you keep from getting sued over ADA (Americans with Disabilities Act) and Title 24 compliance, and what should you do if you are being sued?

One of the best ways to keep from getting sued is to make sure your place of business is in compliance, and SB 1608 provides a number of ways to help you as a business owner. These include ensuring compliance, resolving lawsuits early and reducing unwarranted lawsuits.

Your first step as a business owner is to hire a CASp to survey your property and provide an inspection report detailing the findings and recommendations for achieving compliance. A certified access specialist (CASp) is an expert who has been tested and certified by the state in disability access laws.

Surveying your site by a CASp will give you the information you need to make decisions about your place of business and what steps you need to take, if any, to ensure your compliance. After the survey you will be provided with an Inspection Report. If the CASp determines that corrections to your property are needed, the Inspection Report will identify the changes needed and recommend a reasonable timeframe for fixes. Proof of this report gives you the right to a 90-day stay if you are sued and the right to an Early Evaluation Conference to resolve the case.

Once your business structure has been inspected by a CASp, you receive a State-issued certificate signifying your business has been CASp-inspected. This certificate, which you can post at your business, sends the message that your business took proactive steps to comply with disability access laws. It can keep you from being an easy target for lawyers seeking quick money.

I am a certified CASp, and at Casper Development we offer accessibility reports that include an inspection of your property and a detailed Barrier Report identifying the features that do not comply with the ADA and StateTitle 24 accessibility requirements.