What is a CASp?

CASp Inspection Certificate posted in a window.

Certified Access Specialist (CASp)

The term “CASp” stands for Certified Access Specialist. A CASp Inspector is an expert in the field of construction-related disability access. All CASp consultants are certified by the California Division of the State Architect. Not only are CASp inspectors specialist in applying Chapter 11A & 11B of the California Building Code but they are also ADA Compliance Experts.

The Certified Access Specialist program was established after the passage of California Senate Bill 1608. The intention of creating the CASp program was to address California’s growing number of accessibility related lawsuits being filed by high frequency litigants. By establishing a program that can certify specialists in disability access, it created a resource for the community to rely upon.

To encourage businesses to voluntarily hire a CASp to evaluate their facility, legal benefits are provided to CASp inspected facilities. These legal benefits deter serial plaintiffs from targeting CASp inspected facilities.

Thumbnail of video - Serial Plaintiffs Turn California ADA Lawsuits Into a Lucrative Cottage Industry

What is a Serial Plaintiff?

Serial Plaintiffs have several different names including: “Serial Litigant” & “High Frequency Plaintiff”. These terms are used to describe individuals that file many accessibility related lawsuits demanding monetary compensation.

In many cases, Serial Plaintiffs never actually visit the businesses that they file legal claims against. This allows serial litigants to file hundreds of “ADA lawsuits” in a short period of time by simply driving by or reviewing satellite imagery to identify obvious architectural barriers to accessibility.

Retail store owner with a CASp Inspection Certificate

Benefits of Hiring A CASp

In addition to creating the CASp program, SB 1608 created legal benefits for businesses that voluntarily hire a Certified Access Specialist to evaluate their facility. Once a facility is CASp Inspected, the business is considered a “Qualified Defendant” in the event that a construction related accessibility claim is filed. Qualified Defendants are granted a certain level of protection against serial plaintiffs. If a claim is filed against a CASp inspected facility, the business can immediately file a 90 stay and request an Early Evaluation Conference (EEC). This special legal proceeding gives the defendant an opportunity to resolve the claim and avoid a costly trial or settlement.

Four years after SB 1608 took effect, California passed SB 1186. This bill amended the Construction Related Accessibility Standards Compliance Act (CRASCA) to include an additional incentive for businesses to hire a CASp. In addition to the 90 days and access to the EEC, Qualified Defendants are entitled to reduced minimum statutory damages that can be reduced from $4,000 per occurrence to $1,000 per occurrence.

The incentives provided by SB 1608 & SB 1186 are a powerful deterrent against high frequency litigants that file many “ADA lawsuits” for financial gain.

CASp Inspector shaking hand with client.

What to expect when hiring a CASp?

A CASp inspection Report prepared in accordance with CRASCA is a non-invasive site survey of an existing facility. Your CASp Inspector will walk through your site and evaluate the existing condition for compliance with the accessibility standards that apply to your particular facility. Every facility is unique with certain characteristics that determine which codes apply. Your CASp will ask questions about the age, use, occupancy and alteration history to confirm that your site is being evaluated accurately. Following the site inspection, you will be provided with the following:

  • A CASp Report is the document that you will use to develop a barrier removal strategy. The report will detail each finding that was found to be in conformance with the applicable standard. Every finding will include: code citations, photographs, diagrams, description of the finding in layman’s terms and recommendations for remediation.

  • Once your CASp report is completed, Proactive Access LLC will order your Disability Access Inspection Certificate (DAIC) from the DSA. Any CASp inspected business may voluntarily display the DAIC to communicate to the public that the facility has been inspected and is entitled to legal benefits. Displaying a CASp Certificate has proven to be an effective deterrent against serial litigants.

  • Every CASp Inspected facility is considered a “Qualified Defendant: and entitled to the following legal benefits:

    • Minimum statutory damages could be reduced from $4,000 per occurrence to $1,000 per occurrence.

    • The defendant can request a 90 stay which freezes the complaint for 3 months.

    • The defendant can access an Early Evaluation Conference (EEC) in effort to resolve the claim more economically than going to trial.

  • Proactive Access LLC is committed to going above and beyond property inspections. We will always stand behind our work and answer any questions about your project long after the CASp Report is completed. If you are planning any permitted alterations, we will assist your design team with plan review services followed by onsite field reviews to ensure that your contractor completed the work correctly.