HIRE A CASI MEMBER TO CONDUCT YOUR CASP ACCESSIBILITY EVALUATION
Is your facility ADA compliant? 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.
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.
A CASp who is a member of the Certified Access Specialist Institute (CASI) can provide you with the three items that are required to afford you the protections provided by CRASCA. These items are:
- 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
Your responsibility is to adhere to the schedule and perform the improvements toward compliance.
While your accessibility report should remain confidential, a CASI CASp will provide to you a numbered Disability Access Inspection Certificate that indicates an inspection has been performed. This certificate is a document that you can post or share with any individual or entity that requests to see it as proof of your inspection. Please be advised, THE DISABILITY ACCESS INSPECTION CERTIFICATE DOES NOT "CERTIFY" THAT YOU HAVE A COMPLIANT FACILITY. A CASp that offers such a certificate to you has misunderstood the intent of the certificate. By hiring a CASI CASp you can be rest assured that you receive the correct information regarding CASp program administration and the services required for you to receive the protections offered BY CRASCA.
Hire a CASI CASp today and plan your path towards compliance.