I offer two distinctive types of accessibility survey.

The first option is a survey and report that is issued with is no numbered certificate issued by the California Division of the State Architect and the the client will receive none of the protections offered by ‘CRASCA‘ (see California laws SB 1608 and SB 1186). This report can evaluate the property to any chosen standard, although most clients choose the current edition of the California Building Code (CBC) as well as the current American’s with Disabilities Act (ADA) standards for accessible design. I typically include code reference when identifying deficiencies and sometimes include figures and diagrams that show compliant design on items that I see are often misinterpreted.

This option is often chosen by clients who are not able to perform the work to bring their property into compliance within the timeframes that CRASCA requires, or are preparing to embark on a project or are purchasing a property/business and are focused only on identifying the deficiencies to guide them in their decisions. This option is often also chosen by clients who are already working with an Architect and only interested in a report on the ‘path of travel’ that will be required to meet the plan review process for their project to be approved by their local building department (particular on multi-tenant sites where one tenant does not want to pay for the entire property to be surveyed).

The second option (and the option for pre-lease of commercial real estate) is a survey conducted to the CRASCA standard. This is only available to Title III entities (business generally open to the public) and not to Title II entities (state and local government, including publicly funded agencies such as schools, County and City offices, transit authorities etc.). This is also referred to as a CASp survey. The legal benifits of CRASCA vary, depending if you have a business with less than 25 employees, less than 50 employees or businesses with over 50 employees (see ‘business size‘).These reports have a standard to which they are prepared that will include an analysis of findings based upon the date that the individual element was permitted, or, if desired, the current standard. Since the history of alterations may span decades, and the standards have evolved over time, surveys that review the historical laws and property history can be time intensive efforts.

In order to be covered by, and receiving the benefits of CRASCA, the survey must include a ‘schedule of completion’ to abate any deficiencies. This period is typically 120 days but may be extended if there are mitigating reasons such as permitting delays or complex remediation after applying for permits. If the deficiencies are not corrected, the legal benefits of CRASCA expire.

These exceptions to the 120 days must be documented and communicated with all parties including the local building department. Note that the protections start from the date of inspection and so if a property or business is already subject to a lawsuit, CRASCA’s legal benefits do not apply retroactively. Also, those choosing extended timelines

Note that the business size has an effect on the benefits CRASCA offers. Businesses under 25 employees receive the most benefits, under 50 is the next category and then the reduced benefits go to those business with over 50 employees.

In all cases, there is a reduced Liability for Statutory Damages: If a business is sued for construction-related accessibility violations, it can reduce its liability for statutory damages to $1,000 per offense if it corrects all the violations within 60 days after being served with the complaint and the defendant demonstrates that the area has either been inspected by a CASp or the project was approved by a CASp building official and no other work has taken place modifying the area since that approval was granted. This, and the following description by business size, are an overview of these protections, but these laws are complex and an individual assessment on a case by case basis would be needed to confirm these laws applicability to any situation.

1. Businesses with Under 25 Employees

• Reduced Liability for Damages: These businesses can benefit significantly from a provision that offers them a grace period to correct accessibility violations identified in a CASp inspection report. They are given 120 days to make necessary corrections without facing minimum statutory damages.
• Legal Protection from Claims: If a CASp inspection is conducted before a construction-related accessibility claim is filed, and corrections are made within the specified period, these businesses are protected from liability for statutory damages.
• Tax Incentives: Eligibility for the federal Disabled Access Credit, which provides a tax credit for small businesses making accessibility improvements, covering 50% of the expenditures over $250 and up to $10,250 annually.

2. Businesses with Under 50 Employees

• Extended Time for Corrections: Although this group does not have the same protections as those with under 25 employees, businesses with fewer than 50 employees can still use the period between a CASp inspection and the occurrence of a lawsuit to make corrections and potentially reduce the impact of statutory damages.
• CASp Inspection Incentive: Encouragement to undergo CASp inspections without immediate risk of heavy fines, allowing for planning and budgeting to address identified issues.

3. Businesses with Over 50 Employees

• Proactive Compliance Advantage: While not benefiting from the grace period provided to smaller entities, larger businesses can still mitigate risks by proactively engaging in CASp inspections and making necessary modifications promptly.
• Public Relations and Compliance Strategy: Larger businesses often face more significant scrutiny from the public and disability advocates, making compliance a critical aspect of their operational and public relations strategy.
• Eligibility for Government Contracts: Demonstrating compliance through CASp certification and ongoing accessibility improvements can enhance eligibility and competitiveness for government contracts, which often require strict adherence to ADA guidelines.