Frequently Asked Questions about CASp- Access One, The Certified Access Specialists



	What is CASp? What is the Construction-Related Accessibility Standards Compliance Act? Why should I participate in the CASp program and get certified? What must I do to certify my building or business? What does the term "readily achievable" mean? What are some examples of barrier removal that would be considered readily achievable? What is ADA? Why do I need to Comply with ADA? Can I be fined for not updating my building or business? Why do I need to worry about both the State and the Federal accessibility regulations? Who has responsibility for ADA compliance in leased places of public accommodation, the landlord or the tenant? What does ADA require in new construction? What are the ADA requirements for altering facilities? What is CASp? CASp is a program that is part of the new Construction-Related Accessibility Standards Compliance Act”. This program created a new professional title called “Certified Access Specialists” (or CASp), these professionals assist building/business owners in complying with all of the confusing and sometimes conflicting State and Federal accessibility laws and regulations. They also have the authority to issue state numbered certifications granting “special legal rights” to business owners who participate in the CASp program. To obtain this title, professionals must submit evidence they meet the extensive experience and knowledge required prior to taking the State certification exam. back to top What is the Construction-Related Accessibility Standards Compliance Act? The Construction-Related Accessibility Standards Compliance Act, California Civil Code, Sections 55.51-55.54 is a new law that went into effect on July of 2009 and was based upon SB-1608. This law will help educate, encourage and motivate business owners to upgrade and retrofit their businesses to comply with State and Federal accessibility laws, and is completely voluntary. Instead of being punitive in nature, this law encourages businesses by rewarding compliance. By demonstrating a desire to upgrade their building or business to be accessible, the State will grant you “special legal rights” designed to help defend against accessibility related lawsuits. You obtain these rights by obtaining certification from a State Certified Access Specialist or CASp. back to top Why should I participate in the CASp program and get certified? Once you’re building and/or business is certified you are then granted “special legal rights". If you are then named in an accessibility related lawsuit, you may request the court to place a 90 day stay (or hold) on the lawsuit. This way the plaintiff cannot rack up hours of legal fees pressuring you into “settling”. It also means that you can request an early evaluation conference with a judge or commissioner who has received specialized training in accessibility laws and requirements who will review the case and any claimed violations. In essence, these “special legal rights” will have the effect of eliminating most (if not all) of the frivolous accessibility discrimination claims or suits that may come your way. The cost of certification is a small fraction of the cost of the average lawsuit or settlement. In addition, an accessible property is a more marketable property. back to top What must I do to certify my building or business? You must first retain the services of a CASp professional who will perform an inspection of your building or business. Upon completing the inspection, the CASp professional will provide you with a state numbered Disability Access Inspection Certification. The certification will read either: “CASp-Inspected” or “CASp determination pending”. CASp determination pending means, there where accessible barriers (problems) found and noted in the CASp inspection report. You will then coordinate with your CASp professional in putting together a reasonable and feasible plan on when and how to address each item. Once all barriers are corrected to the fullest extent possible, then the certification will be changed to read CASp-Inspected. It does not matter whether your certification is designated as “CASp determination pending” or “CASp-Inspected” the “special legal rights” granted to you are the same and go into effect immediately. back to top What does the term "readily achievable" mean? It means "easily accomplishable and able to be carried out without much difficulty or expense." back to top What are some examples of barrier removal that would be considered readily achievable? Examples include; the installation of grab bars, lowering of telephones or drinking fountains, making fixtures and appliances accessible, installing signage, installing audio devices, adding parking spaces, adding or improving paths of travel, adjusting door opening pressure, replacing door knobs with handles, and other simple barrier removal that does not involve structural alterations. back to top What is ADA? ADA is the Americans with Disabilities Act. back to top Why do I need to Comply with ADA? In 1990 when the Americans with Disabilities Act (ADA) was enacted and became law, it made equal access a constitutional right. ADA prohibits discrimination on the basis of disability in employment, State and local government, public accommodations, commercial facilities, transportation, and telecommunications. It has been many years since the ADA became law, and Courts look dimly on public entities which have not met the law's basic requirements. The ADA is a federal mandate that carries heavy fines and penalties for noncompliance, not to mention the potential for expensive lawsuits. When it comes to the ADA, businesses cannot afford to be out of compliance. back to top Can I be fined for not updating my building or business? Yes. Private individuals may bring lawsuits in which they can obtain court orders to stop discrimination and file for damages. Individuals may also file complaints with the Attorney General, who is authorized to bring lawsuits in cases of general public importance or where a pattern or practice of discrimination is alleged. In these cases, the Attorney General may seek monetary damages and civil penalties. Civil penalties may not exceed $50,000 for a first violation or $100,000 for any subsequent violation. back to top Why do I need to worry about both the State and the Federal accessibility regulations? The State adopts and mandates compliance with State Building Codes which incorporate the accessibility requirements. Unfortunately, State accessibility codes are not always the same or more stringent then the ADA federal regulations. In new construction, local jurisdictions only enforce State accessibility codes, as they are not vested with the authority to enforce federal ADA regulations, however federal laws mandates you comply with ADA. The responsibility for compliance lies ultimately with the owner and the architect overseeing the project. This is why the State created CASp professionals, to assist people in complying fully with all of the confusing and sometimes conflicting accessibility laws, regulations and standards. back to top Who has responsibility for ADA compliance in leased places of public accommodation, the landlord or the tenant? The ADA places the legal obligation to remove barriers or provide auxiliary aids and services on both the landlord and the tenant. The landlord and the tenant may decide by lease whbo will actually make the changes and provide the aids and services, but both remain legally responsible. back to top What does ADA require in new construction? The ADA requires that all new construction of places of public accommodation, as well as of "commercial facilities" such as office buildings, be accessible. Elevators are generally not required in facilities under three stories or with fewer than 3,000 square feet per floor, unless the building is a shopping center or mall; the professional office of a health care provider; a terminal, depot, or other public transit station; or an airport passenger terminal. back to top What are the ADA requirements for altering facilities? All alterations that can affect the usability and accessibility of a facility must be made in an accessible manner to the maximum extent feasibly possible. For example, if during renovations a doorway is being relocated, the new doorway must be wide enough to meet the new construction standard for accessibility. When alterations are made to a specific tenant space, an accessible path of travel to the altered area must be provided. The bathrooms, telephones, and drinking fountains serving that area must also be made accessible. These additional accessibility alterations are only required to the extent that the added accessibility costs do not exceed 20% of the cost of the total alteration. Elevators are generally not required in facilities under three stories or with fewer than 3,000 square feet per floor, unless the building is a shopping center or mall; the professional office of a health care provider; a terminal, depot, or other public transit station; or an airport passenger terminal. back to top
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