08/03/2015
What is an applicable construction-related accessibility standard?
"Construction-related accessibility standard" is defined as a provision under state or federal law for making new construction and existing facilities accessible to persons with disabilities. Facilities must comply with both federal and state accessibility standards, however, the current version of state and federal accessibility standards are not necessarily applicable to your existing facility. A CASp will know which version of the code and standards is applicable to the compliance of your facility based on its age and history of improvements. In addition to the accessibility standards of the ADA, the applicable state standard for your facility is the version of the California Building Code (CBC) under which the facility or improvement to your facility was constructed. For existing facilities, the current 2013 California Building Code applies only to a planned addition, alteration, or improvement of the facility which occurs after January 1, 2014.
Read more at: http://www.dgs.ca.gov/dsa/Programs/programCert/casp/consumerfaq.aspx
02/06/2015
If I receive demand letter prior to a lawsuit regarding an access violation can a CASp still help me?
In the event you receive a demand letter prior to a lawsuit, a review by a CASp of the alleged violations can help determine the validity of the violations and the best way to correct them. In order for you to be considered a "qualified defendant", however, the CASp must provide the inspection and report to you prior to a construction-related lawsuit is filed against you, and it must include a schedule of improvements for the correction of any identified violations.
Ultimately, a CASp can inspect your property for compliance issues at any time. Time is of the essence between the receipt of a demand letter and the filing of a lawsuit, and such timing may not be sufficient for you to hire a CASp to complete the inspection and reporting process in order to receiving "qualified defendant" status for any pending litigation, however, having a CASp Inspection and possession of a CASp Inspection Report prepared according to CRASCA will offer you the legal benefit of "qualified defendant" and reduced statutory damages in any future claims that may be filed against you. Learn more at http://www.dgs.ca.gov/dsa/Programs/programCert/casp/consumerfaq.aspx