Understanding the CASp Program: A Guide to California's Certified Access Specialist Program Best Practices
- Corey Taylor
- 18 minutes ago
- 3 min read
CASp Best Practices PDF
The CASp (Certified Access Specialist) Program helps California businesses make their facilities accessible to people with disabilities while providing legal protections against lawsuits.
What is a CASp?
A Certified Access Specialist is a professional certified by California's Division of the State Architect to inspect businesses and facilities for compliance with disability access laws. Think of them as specialized inspectors who understand both federal Americans with Disabilities Act (ADA) requirements and California's accessibility laws.
Why Does the CASp Program Exist?
The CASp Program was created to help business owners proactively address accessibility issues before facing lawsuits. Many businesses unknowingly have accessibility violations that could result in expensive legal claims and penalties. The program offers a pathway to identify and fix these issues while gaining valuable legal protections.
Two Types of Inspection Reports
CASp professionals can provide two different types of inspection reports:
CRASCA Reports (The Preferred Option)
CRASCA stands for Construction-Related Accessibility Standards Compliance Act. These special reports provide significant legal benefits to business owners, including:
"Qualified Defendant" Status: This gives you a 90-day court stay and early evaluation conference if someone files a lawsuit against your business
Reduced Penalties: Minimum statutory damages drop from $4,000 to $1,000 per occasion if you're working to fix violations
120-Day Grace Period: Small businesses (50 or fewer employees) get complete protection from minimum statutory damages for 120 days if they fix all violations within that timeframe
Regular Inspection Reports
These are standard reports without the special legal protections. Business owners might choose this option if they simply want to understand their accessibility compliance status.
The 120-Day Protection Program
This is one of the most valuable benefits for small businesses. Here's how it works:
Who Qualifies:
Businesses with 50 or fewer employees (averaged over three years)
Must not have been previously sued for the specific accessibility issues
Must fix all violations noted in the CASp report within 120 days
What You Get:
Complete protection from minimum statutory damages for 120 days
If repairs require permits and can't be completed in 120 days, protection extends to 180 days
What You Must Do:
Post a notice at your business entrance on inspection day
Keep the notice up for 120 days or until all violations are corrected
Actually fix all the violations within the timeframe
What CASps Look For
CASps inspect your facility against applicable accessibility standards, which may include:
California Building Code requirements
Federal ADA standards
State accessibility laws
They check things like:
Parking spaces and access routes
Door widths and hardware
Restroom accessibility
Counter heights
Signage requirements
The Inspection Process
Before the Inspection: Your CASp will ask about your facility's age, construction history, and any previous improvements to determine which accessibility standards apply.
The Inspection Report Includes:
Documentation of any violations found
Photos of problem areas
Measurements of non-compliant features
A schedule for completing repairs with reasonable timeframes
After the Inspection:
You receive a Disability Access Inspection Certificate (DAIC)
The CASp files required notices with the state
You get a clear roadmap for making necessary improvements
Key Benefits Beyond Legal Protection
Expedited Permits: If you need permits to make accessibility improvements, jurisdictions must provide expedited review when you show them your CRASCA report and have a CASp review your construction plans.
Financial Help:
Federal tax incentives are available for accessibility improvements
California's CalCAP/ADA program offers loans up to $5 million for small businesses to finance accessibility upgrades
Important Things to Remember
Confidentiality: Your inspection report should remain confidential. Don't share it with anyone unless your attorney advises you to do so. However, you can show your Disability Access Inspection Certificate if someone asks for proof of inspection.
Timing Matters: To get "qualified defendant" status, you must have your inspection before being served with a lawsuit about accessibility issues.
One-Time Protection: You can only claim the 120-day protection once per area of your business, unless you make modifications that affect accessibility and get a new inspection within 30 days.
The CASp Program represents a proactive approach to accessibility compliance that benefits both businesses and people with disabilities. By working with a certified specialist, you can identify and address accessibility issues before they become expensive legal problems, all while making your business more welcoming to everyone in your community.
DISCLAIMER: The information provided in this post is for informational purposes only and does not constitute legal advice. Please consult a qualified attorney or consultant for advice tailored to your situation.
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