ADA requirements for medical, dental and professional offices: reception desk heights, exam rooms, accessible exam tables, elevators, parking and California differences. Continue Reading ADA Office Requirements: Medical, Dental & Professional Offices
Benefits of a CASp Inspection
Five reasons California property owners and businesses hire a Certified Access Specialist (CASp): legal protection, lower costs, qualified defendant status, a better reputation, and time to fix issues if a claim is filed.
What a CASp Inspection Does for You
A CASp inspection is a review of your property by a Certified Access Specialist, an inspector certified by the State of California to evaluate compliance with the ADA and the California Building Code. You receive a written CASp report listing each barrier, the corrections needed, and a schedule to complete them, plus a Disability Access Inspection Certificate. Here is what that inspection does for you.
1. Legal Protection
A CASp report and certificate document your efforts and discourage drive-by lawsuits.
2. Save Money
Catch problems before construction or a claim, and use federal tax incentives for the repairs.
3. Qualified Defendant Status
California law gives CASp-inspected properties extra protections in court.
4. Enhanced Reputation
An accessible facility welcomes every customer and brings repeat business.
5. Delay of Court Proceedings
A 90-day stay and lower minimum damages while you make corrections.
1. Legal Protection
The primary benefit of a CASp inspection is helping your facility work toward compliance with ADA regulations and other accessibility standards. This helps you avoid legal issues and potential lawsuits related to accessibility violations. ADA compliance is a legal requirement for every business open to the public, and a CASp inspection report and certificate document the steps you have taken.
CASp Inspection Certificate
A CASp (Certified Access Specialist Program) inspection certificate serves as a legal safety net for businesses and property owners. The presence of a CASp inspection certificate acts as a deterrent to opportunistic individuals and lawsuits related to accessibility. The certificate is numbered, dated, and signed by the CASp, and you may post it at your business unless the site is later modified. Unfortunately, some individuals exploit ADA regulations for financial gain by filing “drive-by” or mass lawsuits against businesses.
In California, commercial leases must also state whether the property has been CASp-inspected (Civil Code §1938), so a current CASp report answers that question for owners and tenants.
Drive-By Lawsuits
Drive-by lawsuits, also known as serial lawsuits, refer to legal actions filed against multiple businesses for violations of accessibility laws, especially those related to the Americans with Disabilities Act (ADA). These lawsuits involve minimal prior communication or effort to resolve issues, with the primary goal being financial gain through settlements.
Drive-by lawsuits have gained attention because of this, and some attorneys are accused of exploiting accessibility laws for monetary gain. ADA Access Consultants can help. If you have already been served, see our ADA lawsuit page.
CASp Inspection or ADA Consultation
Talk with a Certified Access Specialist about your property before a claim is filed.
2. Save Money
Proactive ADA Accessibility
In the early stages of a construction project, ADA accessibility should be top of mind to prevent unnecessary extra costs. Consulting with ADA Access Consultants for services like plan review and CASp inspection and reporting ensures you do it right the first time and don’t spend money on modifications later.
ADA Access Improves Property Value
While ADA and CASp inspections involve upfront costs, the long-term benefits outweigh these initial costs. The investment in accessibility improvements not only supports legal compliance but also enhances the overall value of the property. This positive return is reflected in the reduced probability of legal challenges and improved customer satisfaction. See what goes into CASp inspection cost.
Tax Incentives for Accessibility Repairs
Federal tax law helps pay for the repairs a CASp report identifies. Ask your tax professional which applies to you:
- Disabled Access Credit (IRS Form 8826): a credit of 50% of eligible access expenditures between $250 and $10,250 a year, up to $5,000, for small businesses with gross receipts of $1 million or less or no more than 30 full-time employees in the prior year.
- Barrier removal deduction (Section 190): up to $15,000 a year for removing architectural barriers in a business facility.
3. Qualified Defendant Status
A benefit of a CASp inspection is the distinctive “qualified defendant” status it gives the facility. This status becomes a valuable legal shield for businesses or property owners. In the event of an accessibility claim, the effort demonstrated by hiring a CASp and addressing accessibility concerns proactively can reduce the liability of the business or property owner.
The CASp’s thorough inspection and report provide documentation of your efforts, offering defense in legal proceedings and potentially leading to quicker and more favorable resolutions.
How It Works in California
| Who qualifies | A defendant in a construction-related accessibility claim whose site was CASp-inspected (or found to meet applicable standards) before the lawsuit was served. It does not have to be the party who hired the CASp, so a tenant can benefit from the owner’s inspection. (Civil Code §55.52) |
| What the CASp report includes | The areas inspected, the inspection date, the corrections needed, and a schedule to complete them. (Civil Code §55.53) |
| What it unlocks | A court stay and early evaluation conference, and lower minimum statutory damages when violations are corrected on time. (Civil Code §§55.54, 55.56) |
4. Enhanced Reputation
Promoting Accessibility
Accessibility is increasingly important to consumers and the public. By obtaining ADA and CASp inspections and ensuring your facility is accessible, you send a positive message to your customers, clients, and the community. This can enhance your reputation as a business that values diversity and inclusivity.
Reputation and Repeat Business
As a business owner, it is important that everyone has access to your facility. This means you can accommodate all customers. It’s great for business because you can be inclusive and serve all types of clientele. Having an accessible facility not only fosters a sense of community but also leads to repeat business, because you provide a safe and accessible environment that makes people want to return.
5. Delay of Court Proceedings
Being recognized as a qualified defendant in a construction-related accessibility lawsuit comes with a notable benefit: the right to ask the court for a 90-day stay of the proceedings and an early evaluation conference (Civil Code §55.54). The CASp report is provided to the court and the plaintiff at least 15 days before the conference. This reprieve gives businesses and property owners an opportunity to strategize. During this period, negotiation and settlement discussions with the plaintiff take place, potentially reaching agreements that avoid the costs of litigation.
Moreover, the stay provides a window for proactive measures, allowing defendants to address the accessibility violations raised and make improvements to the property so it aligns with accessibility standards. The stay, with the chance to settle or make necessary improvements, lets qualified defendants approach legal challenges more carefully. Learn more on our ADA law page.
Lower Minimum Damages
When violations are corrected on time (Civil Code §55.56):
| $1,000 per offense | Instead of the usual $4,000 minimum, when all violations are corrected within 60 days of being served. |
| $2,000 per offense | For a qualifying small business that corrects the violations within 30 days. |
| No minimum damages | For 120 days after a CASp inspection, for businesses with 50 or fewer employees, when the inspection came before the claim and the violations are corrected within those 120 days. |
Get Your CASp Inspection Before a Claim
The protections on this page start with an inspection that happens before a lawsuit is served.
CASp Inspection Questions
Short answers to what owners and tenants ask us most.
Is a CASp inspection required by law?
No. A CASp inspection is voluntary in California, but it is the only way to earn qualified defendant status, and commercial leases must disclose whether the property has been CASp-inspected.
When should I get a CASp inspection?
Before a claim. The protections above apply only when the inspection happens before the lawsuit is served, and the 120-day small business window applies only when it comes before the claim or demand letter.
Does a CASp certificate mean my property is ADA compliant?
Not by itself. The certificate shows the site was inspected by a CASp. Compliance comes from completing the corrections in your CASp report on schedule.
How long is a CASp inspection good for?
The report reflects the site on the inspection date. If you remodel or modify the property, schedule a new inspection so your report and certificate stay current.
Blog
Written by Ernie Castro Ernie Castro is the founder of ADA Access Consultants and a California Certified Access Specialist (CASp #618). He …
Written by Ernie Castro Ernie Castro is the founder of ADA Access Consultants and a California Certified Access Specialist (CASp #618). He …
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Written by Ernie Castro Ernie Castro is the founder of ADA Access Consultants and a California Certified Access Specialist (CASp #618). He …
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