CASp Inspection Benefits For California Businesses

What is a CASp Inspection?

A CASp inspection is a professional site evaluation conducted by a Certified Access Specialist (CASp) to determine whether a property complies with state and federal accessibility standards, such as those outlined in the Americans with Disabilities Act (ADA) and the California Building Code. The property inspection involves assessing elements like entrances, parking areas, restrooms, pathways, and signage to identify barriers that may impede access for individuals with disabilities. CASp inspections provide businesses with a detailed report that includes the findings, recommendations for compliance, and a timeline for remediation if issues are discovered. A property that undergoes a CASp inspection can receive a Disability Access Inspection Certificate (DAIC), signaling the business's proactive effort to comply with accessibility laws. Importantly, properties inspected by a CASp may qualify for "Qualified Defendant" status, offering legal protections such as a 90-day stay on lawsuits and reduced statutory damages in accessibility-related cases. This process not only mitigates legal risks for businesses but also promotes inclusivity by addressing accessibility barriers.

Inspection Process and Outcomes

A CASp inspection typically involves a comprehensive review of the existing condition of architectural elements within a property. The inspection may include interior areas, exterior areas or both. The CASp Inspection process includes:

  • A Site Survey to document compliance with state and federal standards.

  • A detailed CASp Report with photographic evidence, code references, and practical remediation recommendations.

  • Issuance of a Disability Access Inspection Certificate (DAIC), which businesses can display publicly.

The findings contained within the CASp Report allow businesses to address deficiencies systematically, often prioritizing low-cost fixes to improve accessibility while planning for larger renovations over time.

Why Businesses Should Act

Failing to comply with accessibility laws can expose businesses to costly lawsuits and reputational damage. By hiring a CASp Inspector, property owners not only reduce their legal risks but also demonstrate a commitment to equal access. The upfront cost of an inspection is minor compared to the potential expenses of non-compliance, which can include settlement payments, fines, and attorney fees.

Proactively engaging a Certified Access Specialist (CASp) is especially vital for:

  • Older properties with outdated designs.

  • Businesses undergoing renovations or expansions.

  • Tenants in leased spaces, as both landlords and tenants can be held liable for accessibility violations.

Hiring a CASp is a forward-thinking step for businesses that value inclusivity and legal protection. The program’s benefits extend beyond compliance by promoting equity and reducing the burden of unnecessary litigation.

How will a CASp Inspection protect my business?

Retaining a Certified Access Specialist to perform a CASp Inspection and prepare a report in accordance to CRASCA is a powerful tool to avoid litigation because it grants special legal protections that mitigate exposure to “ADA lawsuits”. These benefits which were created by California Senate Bill 1608 (SB 1608) and Senate Bill 1186 (SB 1186) are designed to support businesses while addressing issues related to construction-related accessibility compliance. These laws aim to reduce unnecessary lawsuits, provide incentives for businesses to proactively improve accessibility, and ensure fair enforcement of accessibility standards. Together, SB 1608 and SB 1186 create a balanced framework that supports California businesses in navigating accessibility compliance while reducing the financial and operational burdens of lawsuits. These laws encourage businesses to prioritize inclusivity, foster good-faith efforts to improve access, and discourage exploitative litigation practices.

Flowchart of CASp Inspection Benefits.

The benefits of receiving a CASp Inspection performed by a Certified Access Specialist include:

  • Legal Protections for Proactive Compliance: Businesses that undergo CASp inspections and address identified barriers gain “Qualified Defendant” status, granting them the following benefits:

  • Reduced Statutory Damages: Businesses with CASp certification may qualify for reduced damages in lawsuits, lowering penalties from $4,000 to $1,000 per violation if accessibility barriers are promptly addressed.

  • 90-day stay of litigation: The defendant can request a 90 stay, which freezes the complaint for 3 months.

  • Early Evaluation Conference (EEC): This mechanism reduces costly legal battles and encourages quick resolution of disputes.

  • Deterrence of Frivolous Lawsuits: Displaying a CASp certificate signals proactive compliance, deterring opportunistic lawsuits often filed by serial litigants targeting minor violations.

The intention of Senate Bill 1608 and 1186 (the California bills that regulate the CASp Program and the benefits provided by them) is to encourage owners to become educated about the accessibility of their facilities and make improvements within their means. The benefits listed above provide a layer of protection between the time when the facility is inspected and improvements are made. After receiving a CASp inspection report, the business owner completes an estimated timeline for barrier removal. While the business should make every effort to make improvements in a timely manner, it is up to the business to determine a reasonable timeline. It is important to note that an inspected business receives the benefits listed above on the day of inspection and NOT once corrections are made.

What to expect when hiring a CASp?

Every facility is unique with certain characteristics that determine the scope of inspection. The first step to receiving a CASp inspection is to contact our staff to discuss your project. Our CASp will ask questions about the property including: the site address, age, occupancy, alteration history, etc so that we can provide you with an accurate quote with a detailed scope of inspection. Following project approval, you will be provided with the following:

  • A Certified Access Specialist with perform a non-invasive site evaluation to identify elements that do not comply with state and/or federal accessibility requirements. Upon completion, the CASp inspector will verbally review some of his findings and answer client questions or concerns.

  • Following the site inspection, A CASp Report is drafted so that you can develop a barrier removal strategy. The report will detail each architectural element that was found to be in conformance with the applicable standard. Every finding will include: code citations, photographs, diagrams, description of the finding in layman’s terms and general recommendations for remediation.

  • Once your CASp report is completed, Proactive Access LLC will order your Disability Access Inspection Certificate (DAIC) from the DSA. Any CASp inspected business may voluntarily display the DAIC to communicate to the public that the facility has been inspected and is entitled to legal benefits. Displaying a CASp Certificate is an effective deterrent against serial litigants.

  • Proactive Access LLC is committed to going above and beyond property inspections. We will always stand behind our work and answer any questions about your project after the CASp Report is completed. If you are planning any alterations, we also offer Plan Review services to ensure compliance as site improvements are being made.

Facilities The We Service:

Restaurants

Restaurants are one of the most targeted facilities by high frequency litigants. Our CASp Inspectors are very experienced with evaluating large and small restaurants.

Retail Establishments

All areas that are open to the public in retail facilities must be accessible to people with disabilities. Our CASp inspectors will thoroughly evaluate all applicable areas and elements of the retail facility.

Hotels & Lodging

Lodging facilities have many accessibility requirements that are specific to the industry. Our CASp inspectors have surveyed large resorts, small boutique hotels and everything in between.

Medical and Dental Facilities

Medical facilities understandably have a higher level of accessibility standards compared to most public accommodations. Our CASp inspection experts will inspect all areas and elements of the medical facility.

Commercial Facilities

Shopping Centers are most often exposed to accessibility related litigation because of parking, which is the most common allegation in ADA lawsuits. Our CASp inspectors have evaluated commercial facilities of all sizes.

Gas Stations and Convenience Stores

Fuel stations are often targeted by high frequency litigants for non-compliant fuel pumps as well as inaccessible convenience stores. Our Certified Access Specialists (CASp) will inspect all areas and elements of the fuel station facility.