Where Is Caste Certificate Number Mentioned

[Vangele Ioannidis]

Inaddition, accessible features are required to be maintained at your facility. Failure to come into compliance or maintain compliance leaves you vulnerable to having a discrimination claim filed against you by an individual that is denied access to your business or facility due to physical access barriers.

While the building code may change periodically, these changes do not cause a facility to become noncompliant with the new regulations. Facilities must comply with both federal and state accessibility standards; however, the current version of the state accessibility standards is not necessarily applicable to your existing facility. A CASp will know, based on its age and history of improvements, which version of the building code is applicable for determining compliance of your facility.

In addition, qualifying small businesses that receive a CASp inspection, completed according to CRASCA, may opt for a 120-day grace period during which they are free from liability from statutory damages of those violations identified in the CASp report if they are corrected within this 120-day time period.

A person is denied full and equal access if the individual personally encountered the violation or the individual was deterred from accessing a place of public accommodation. A denial of full and equal access includes instances where a person experienced difficulty, discomfort, or embarrassment because of the violation.

A business owner who employs 50 or fewer employees over the past three years and opts to achieve compliance within 120 days from receiving a CASp inspection, completed according to CRASCA, receives a grace period from liability for statutory damages of violations identified in the report for 120 days from the date of inspection. In order to receive the grace period, the CASp must deliver the inspection report to you within 30 days of the inspection and post access inspection notices at the facility the day of the inspection and also notify DSA that he/she has performed an inspection of the facility so that DSA can post such information on a list on its website.

Either or both can be sued. The ADA places the legal obligation to remove barriers, provide auxiliary aids and services, 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 remain legally responsible.

There is no law that requires a property owner or tenant to hire a CASp. If you are a business or property owner, your election not to hire a CASp shall not be admissible to prove your lack of intent to comply with the ADA or California law. If a CASp solicits your business with threat of legal action of a construction-related accessibility claim if you do not contract for services, you should immediately file a complaint with DSA.

You may also consult with a CASp by contacting your local city or county building department; however, a CASp employed or retained by a local building department is only authorized to offer information regarding compliance to California construction-related accessibility standards, and not the ADA, and will usually only provide these services for new construction, additions, or alterations submitted for approval for permit.

Along with your CASp inspection report you will receive from the CASp a disability access inspection certificate and a notice about the safekeeping of CASp inspection reports. It is important that you try your best to adhere to the reasonable schedule to demonstrate your desire to achieve compliance. If you adhere to your correction schedule and a claim is filed against you, you may be eligible for reduced liability for statutory damages. If you have opted to correct all violations listed in the report within the 120 days from the inspection, you are eligible for a grace period from liability for minimum statutory damages for the 120-day period if a claim is filed against you on those violations noted in your inspection report.

Certification applies only to a CASp, and indicates that the individual has passed an examination and is certified by the State of California to have a specialized knowledge and application of state and federal laws and standards governing rights of individuals with disabilities. A CASp can conduct an inspection of your facility for compliance to applicable construction-related accessibility standards, but does not, and cannot, issue certification that a facility is compliant, nor can a CASp certify that a manufacturer's product meets accessibility requirements. A CASp can only issue a disability access inspection certificate, which is a record that a CASp has performed an accessibility inspection of your facility, and that you hold an inspection report and schedule according to the requirements of CRASCA.

The disability access inspection certificate (Certificate) is a record of inspection, not a certificate of compliance. A CASp does not certify that a facility meets compliance with issuance of a Certificate. A Certificate is required to be issued to you with a CASp inspection report whether or not your facility is determined to meet applicable construction-related accessibility standards.

Business/facility owners should accept no other certificate offered by a CASp other than a Certificate purchased from the Division of the State Architect. Certificates are blue, sequentially numbered, and bear a golden State of California Seal. The Certificate number is recorded by the CASp in a record book maintained for that purpose and identifies that the certificate is issued in conjunction with a specific CASp inspection report.

You are not required to post the Certificate at the facility that was inspected, but you should have it readily available to offer it as proof that your facility has been inspected. If you do decide to post the Certificate, you may want to post a color copy and keep the original with the inspection report, as site conditions may cause the Certificate to fade or deteriorate. CASp inspection reports, however, should remain confidential and should only be disclosed after seeking the advice of an attorney.

Improvements to existing facilities, buildings, and sites, made with or without a permit, must comply with the accessibility provisions of the California Building Code and the ADA Standards. You should ask your local building department if any proposed improvement requires a permit and/or the services of a licensed design professional such as an architect or engineer.

You may also consult with a CASp by contacting your local city or county building department; however, a CASp employed or retained by a local building department is only authorized to offer information regarding compliance to California construction-related accessibility standards, and not the Americans with Disabilities Act of 1990 (ADA), and will usually only provide these services for new construction, additions, or alterations submitted for approval for permit.

Submit the form DSA 608: Voluntary Listing of CASp Inspected Businesses (HTML) to be included on the voluntary list of CASp in California. Due to the transition to online forms, the bulleted list of businesses that were previously displayed below has been incorporated into an Excel spreadsheet and can be viewed here: DSA 608: Voluntary Listing of CASp Inspected Businesses (XLSX).

Notwithstanding any other provision of law, a state agency or employee of a state agency may not be held liable for any injury or damages resulting from any service provided by a certified access specialist whose name appears on the list published pursuant to Government Code Section 4459.7(a).

A disability access inspection certificate (Certificate) is a record of inspection, not a certificate of compliance. A CASp does not certify that a facility meets compliance with issuance of a Certificate. A Certificate is required to be issued to you with a CASp inspection report whether or not your facility is determined to meet applicable construction-related accessibility standards.

You are not required to post the Certificate at the facility that was inspected, but you should have it readily available to offer it as proof that your facility has been inspected. CASp inspection reports, however, should remain confidential and should only be disclosed after seeking the advice of an attorney.

Do not send reports to DSA. Information sent to DSA is subject to the California Public Records Act, Government Code Sections 7920 through 7931. CASp reports typically contain confidential information that cannot be secured if submitted to DSA, even if such submission is voluntary.

After receiving the complaint, DSA will contact the complainant and the CASp. If the issue is not within DSA's jurisdiction to resolve, the complainant will be advised if another state or local agency may be able to help, or if alternative means of redress should be pursued. If the investigation by DSA confirms the alleged misconduct, the CASp will be notified of disciplinary action. Disciplinary Actions and Final Decisions are a matter of public record and the complainant will be notified of the outcome of the case.

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