Understanding California's 120-Day CASp Grace Period: Responsibilities, Procedures, and Legal Protections

Understanding California's 120-day CASp Grace Period under the Certified Access Specialist (CASp) program provides critical legal safeguards for businesses navigating ADA compliance, particularly through Senate Bill 269’s 120-day grace period. This guide clarifies the corrected process for posting required documentation, CASp responsibilities, and client expectations to ensure full compliance with state laws.

Key Corrections to the CASp Process

1.      DSA 610 Notice: A "Notice of Access Inspection and 120-Day Grace Period" (Form DSA 610) must be posted immediately after inspection, not the Disability Access Inspection Certificate (DAIC).

2.     DAIC Timing: The DAIC is issued to the client only after the CASp delivers the written inspection report, which occurs within 30 days of the inspection.

CASp Inspector Responsibilities

1. Immediate Posting of DSA 610 Notice

On the day of inspection, the CASp must:

·       Post Form DSA 610 in a conspicuous location within five feet of all public entrances.

·       Instruct the business to keep this notice displayed for 120 days or until violations are corrected.

Legal Requirement: Failure to post the notice voids the grace period protections under Civil Code §55.53.

2. Filing with the State Architect

Within 10 days of inspection, the CASp must:

·       Submit the DSA 610 notice to the Division of the State Architect (DSA) for public listing.

·       Ensure the filing includes the business name, address, inspection date, and CASp license number.

3. Delivering the Inspection Report and DAIC

·       The CASp must provide a written report to the business owner within 30 days, detailing violations and a correction schedule.

·       The Disability Access Inspection Certificate (DAIC) is issued alongside this report, not during the initial inspection.

The CASp Inspection Report: Structure and Legal Value

A compliant report under Civil Code §55.53 must include:

1.      Violation Details: Specific barriers (e.g., non-compliant ramp slopes, door widths) and their locations.

2.     Correction Timeline: A reasonable schedule for fixes (e.g., "Replace non-compliant door hardware within 60 days").

3.     Standards Applied: References to the ADA Standards, California Building Code, or other relevant regulations.

Critical Note: The DAIC is not a certificate of compliance but a record of inspection. It signals that the business is addressing violations, which can deter litigation.

Business Owner Expectations

Before the Inspection

·       Confirm eligibility: Businesses with ≤50 employees qualify for the grace period.

·       Retain wage reports (EDD filings) to prove employee count if challenged.

During the 120-Day Grace Period

1.      Correct All Violations: Prioritize high-risk issues (e.g., parking, entrances) first.

2.     Maintain Posted Notice: Keep DSA 610 visible until corrections are complete.

3.     Permit Extensions: If repairs require permits, the grace period extends to 180 days.

Penalty for Non-Compliance: Missing the deadline forfeits statutory damage protections.

Legal Framework and Citations

·       Senate Bill 269 (2016): Established the 120-day grace period and DSA 610 requirements.

·       Civil Code §55.53: Mandates CASp reporting timelines and notice posting.

·       Civil Code §55.56: Reduces statutory damages to $1,000 per violation if corrections occur within 60 days of a lawsuit.

Benefits of the CASp Process

1.      Lawsuit Deterrence: ADA plaintiffs typically avoid CASp-inspected properties due to heightened legal hurdles.

2.     Financial Protection: Statutory damages drop from $4,000 to $1,000 per violation if corrected promptly.

3.     Compliance Roadmap: The inspection report prioritizes fixes, reducing long-term costs.

Common Misconceptions

·       Myth: "The DAIC must be posted immediately."

·       Fact: Only the DSA 610 notice is posted initially; the DAIC comes with the report.

·       Myth: "CASp inspections guarantee compliance."

·       Fact: Inspections identify violations-businesses must still complete repairs.

Conclusion

The 120-day CASp grace period offers businesses a critical window to address accessibility barriers while minimizing legal risks. By understanding the roles of the DSA 610 notice, DAIC certificate, and inspection report, business owners can navigate compliance confidently.