Frequently Asked Questions


Does the ADA apply to my facility?

The Americans with Disabilities Act of 1990 (ADA) is a federal civil rights law that prohibits discrimination of individuals with disabilities. It requires all places of public accommodation (restaurants, retail, theaters, offices, etc.) to be accessible to individuals with disabilities. Since January 26, 1992, the ADA has been required for all new construction, additions and alterations. The ADA also applies to existing facilities that pre-date the ADA. The applicable construction-related accessibility standards are based on the age of the facility and alteration history:

  • Facilities built or renovated Before January 26, 1992 are required to comply with the ADAS if it is “Readily Achievable” to do so.

  • Facilities built renovated Between January 26, 1992 & March 14, 2012 are required to comply with the 1991 ADAS.

  • Facilities built or renovated After March 15, 2012 are required to comply with the 2010 ADAS.

Maintaining an accessible environment (ADA Compliant) is an ongoing obligation that every business must take seriously. Failure to maintain compliance can leave businesses and properties exposed to ADA lawsuits.

Are older buildings grandfathered from the ADA?

No, there is no “Grandfather Clause” in the Americans with Disabilities Act (ADA). Many business owners and property owners falsely believe that their facilities older than 1990 are grandfathered because they pre-date the ADA. However, the ADA is a civil rights law that prohibits discrimination and is applicable to buildings both old and new. The ADA Standards for Accessible Design establish minimum standards that all public accommodations must abide by. If a facility does not meet the ADA standards (regardless of age) then that facility may be exposed to a civil lawsuit alleging discrimination based on architectural barriers that prevent people with disabilities from accessing goods and services.

What is “Readily Achievable Barrier Removal”?

The ADA states that existing facilities constructed before January 26, 1992, must remove architectural barriers that are “easily accomplishable and able to be carried out without much difficulty or expense.” This requirement is known as “readily achievable barrier removal.” An assessment of whether or not removal of barriers is readily achievable is a detailed process that takes the following into consideration:

  • Identification of barriers that prevent an individual from accessing goods and services at your business.

  • The costs involved to remove or mitigate the existing barriers.

  • Examination of the overall financial resources of the business or property.

Our Certified Access Specialists can assist with identifying existing barriers however, we do not examine financial resources of our clients. Therefore, Proactive Access LLC does not make assessments of “Readily Achievable Barrier Removal”. Upon receipt of a CASp Report in accordance with CRASCA, we recommend consulting with legal counsel and a CPA to determine which high cost barriers are “Readily Achievable” to remove.

Is the tenant or landlord responsible for accessibility compliance?

The ADA places the legal obligation to remove architectural barriers and maintain compliance of accessible features at a place of public accommodation on both the landlord and the tenant. The landlord and the tenant may specify within the terms of the lease who is responsible for which areas of the facility, but both can be named in a construction-related accessibility discrimination lawsuit. Additionally under California law, the landlord or commercial property owner is required to state on every lease form or rental agreement executed after January 1, 2017, whether or not the premises have been inspected by a CASp.

How often do the ADA & California accessibility requirements change?

The federal ADA Standards have only been updated once (2010 ADAS). The California Building Code is typically updated every 3 years. The application of the current CBC is determined by the construction date and/or the alteration history. Unlike the ADA, changes to the CBC do not retroactively apply to existing areas and elements that were built in compliance with the accessibility standards applicable at the time of construction. Whenever an area or element is altered within a facility, the current standards apply to the alteration. In addition, elements along the “Path of Travel” that serves the area of alteration will be required to comply with the current standards.

What is a CASp Inspection?

The term “CASp” stands for Certified Access Specialist. A CASp Inspector is an expert in the field of construction-related disability access and performs site inspections to determine compliance with the ADA and the California Building Code (CBC). A CRASCA report is then generated based on the CASp inspector’s findings and used by the property to make a barrier removal plan.

Owners of facilities that obtain a CASp inspection report drafted according to CRASCA are considered “qualified defendants” and granted certain legal benefits that deter serial litigant from targeting a CASp inspected facility:

  • Minimum statutory damages could be reduced from $4,000 per occurrence to $1,000 per occurrence.

  • The defendant can request a 90 stay which freezes the complaint for 3 months.

  • The defendant can access an Early Evaluation Conference (EEC) in effort to resolve the claim more economically than going to trial.

Is hiring a CASp required?

There is no law that requires a property owner or business owner to hire a CASp. Retaining the services of a Certified Access Specialist (CASp) is voluntary. However, There are some circumstances when a jurisdiction may request that a CASp to review architectural plans and evaluate existing facilities to prevent project delays and ensure compliance.

What areas of my facility should be inspected by a CASp?

We recommend obtaining a CASp report for all interior and exterior areas that are open to the general public. The “qualified defendant” status will not cover areas that are excluded from the scope of inspection. The areas that are restricted to employees only are not typically inspected unless requested by the client.

Will the CASp certify that my facility is compliant?

A CASp can inspect facilities to determine compliance of construction-related accessibility standards, but a CASp cannot issue a certification that a facility is compliant. A CASp is able to issue a disability access inspection certificate that can be displayed at CASp inspected facilities and deter serial litigant form targeting the site or business.

Does a CASp enforce code compliance?

No. Our Certified Access Specialists do not have enforcement authority. Proactive Access LLC consults with our clients about the level of accessibility at their facilities but we never enforce our findings. The content of our reports remain confidential and are never sent to any 3rd parties including government entities.

Can a CASp Inspection help me AFTER a lawsuit is filed against my business?

The legal protections granted to “Qualified Defendants” are applicable to facilities that were CASp Inspected prior to a lawsuit being filed. If a construction-related accessibility lawsuit is filed, seeking the services of a CASp is still highly recommended. A CASp inspector can support your legal counsel by surveying the alleged violations to determining their validity. A CASp inspection performed after receiving a lawsuit will not provide legal protections applicable to a current lawsuit. However, a CASp report prepared in accordance with CRASCA can prevent further lawsuits from being filed by other individuals.

Do The Legal Benefits of a CASp Inspections Apply In Federal Court?

No, the CASp program is a California certification. The legal benefits granted to CASp inspected facilities applies only to California courts.