CASp. Certified Access Specialist Program. Presentation to San Francisco s Mayor s Disability Council And Small Business Commission

Transcription

1 CASp Certified Access Specialist Program Presentation to San Francisco s Mayor s Disability Council And Small Business Commission Arnie Lerner, AIA, CASp November 30, 2009

2 CERTIFIED ACCESS SPECIALIST PROGRAM SB 1608, of which the Certified Access Specialist Program (CASp) is a part of, was signed into law September 28, It included establishing the certification of Access Specialists the California Commission on Disability Access a process where civil (not Federal) actions are afforded mediation opportunities in court and set requirements for local agencies (building departments) to employ CASps and continuing education requirements for Architects license renewal

3 Agenda Certified Access Specialist application and examination process CASp Surveys

4 Certified Access Specialist Application and Examination Process Steps to Become a Certified Access Specialist include: STEP 1. Candidate Eligibility Application STEP 2. Examination Registration STEP 3. Certification

5 Step 1. Candidate Eligibility Application Eligibility to take the exam can be obtained by one of the following: 1. Education in a design professional field 2. Experience: Two years of employment by a code enforcement agency or design professional 3. Employment for Three Years in a specialized area of disability access rights

6 Step 2. Examination Registration After eligibility is confirmed, candidates may register for the examination. Step 3. Certification Successful examinees are issued an official CASp Certificate upon payment of the certification fee. This certification is valid for three years from the date the certification fee is paid. CASp certification may be renewed for an additional three years by completing 15 Continuing Education Units during the certification. TOTAL COST $1,600

7 Examination Content Categories 1. General Knowledge, Skills, and Abilities 2. Accessibility Codes and Standards 3. Review of Accessible Features in Design & Construction Docs 4. Field Investigations 5. Project Scoping and Accessibility Design Awareness

8 Expected Competency The certification examination assesses a candidate s knowledge of access requirements in the following categories : 1. Code Requirements and Accessibility Guidelines 2. Review of Design & Construction Documents 3. Unreasonable Hardship or Technical Infeasibility Issues 4. Field Investigations 5. Project Scoping & Accessibility Design Awareness

9 Requirements and Guidelines 1. Public Services (Title II), Public Accommodations and Services Operated by Private Entities (Title III), and Miscellaneous Provisions (Title V) of the ADA 2. Regulations for accessibility throughout all parts of Title 24, California Building Standards Code. 3. California Laws for accessibility in the Government Code, Health and Safety Code, and the Civil Code. 4. Fair Housing Amendments Act of Architectural Barriers Act of American National Standard for Accessible and Usable Buildings and Facilities (ANSI A117.1) 7. California Department of Housing and Community Development (HCD) A Voluntary Universal Design Local Ordinance 8. HCD New Home Universal Design Checklist 9. Current interpretative manuals, bulletins, and directives published by the State of California s Division of the State Architect (DSA).

10 Review of Design & Construction Documents Knowledge of: 1. Organization of design and construction documents in order to locate all relevant contents such as drawings, graphics, schedules, plans, specifications, and details. 2. Methods to delineate accessible features in design and construction documents, such as graphics, dimensions, and annotation. 3. Drafting symbols, terms, and formatting conventions used in design and construction documents.

11 Unreasonable Hardship or Technical Infeasibility Skill to: Identify potential unreasonable hardship situations or technical infeasibility related to accessibility requirements through field investigation or other sources depicting actual site conditions.

12 Field Investigations Skill to: 1. Conduct field investigations to evaluate conformance with accessibility requirements in comparison to construction documents. 2. Assess the operational characteristics of facilities, buildings, and the site to identify viable patterns of use.

13 Project Scoping & Accessibility Knowledge of: Design Awareness 1. Potential liability and exposure to the client when designing and/or recommending alternative solutions to mitigate accessibility deficiencies. 2. Factors affecting the scope and applicability including permit application date(s), construction date(s), project type and scope, occupancy, funding source(s), and programmed use of space. 3. Principles and application of Universal Design to promote design meeting the needs of the greatest number of users. 4. Design and product resources for specific disability-related functional limitations to meet client needs. 5. Methods for substantiating equivalent facilitation.

14 Certification Examination Process 1. Examination is a closed book test 2. It consists of 100 multiple choice questions such as this: In a multiple-accommodation toilet room with eight (8) stalls, what is the minimum number of stalls that must have out-swinging doors? a) 0 b) 1 c) 2 d) 8 3. Time allotted is 2.5 hours 4. Passing score is a criterion-referenced approach (e.g., modified Angoff method). 5. During the last test cycle, approximately 55% of the applicants passed. 6. Once certified, it is good for 3 years and can be renewed by paying a fee and completing continuing education classes. 7. CASp CERTIFIED SO FAR: 161

15 CASp SURVEYS Now I want to talk about the surveys themselves. Services rendered by a CASp may include the following: 1. Review of facility plans and specifications for compliance with state and federal accessibility laws, codes and regulations. 2. Investigation of a facility for compliance with state and federal accessibility codes and regulations. 3. Conducting of accessibility research and preparation of accessibility reports

16 CASp SURVEYS A CASp survey can come to one of 2 conclusions: CASp-inspected or CASp determination pending

17 CASp Inspected Site For a CASp-inspected site, the CASp provides a written inspection report that includes : A statement that, in the opinion of the CASp, the inspected structures and areas of the site meet construction-related accessibility standards. If corrections were made as a result of the CASp inspection, an itemized list of all corrections and dates of completion. A statement that indicates whether the determination of the CASp includes an assessment of readily achievable barrier removal.

18 CASp Determination Pending For a CASp determination pending site, if the CASp determines that corrections are needed, the CASp provides a signed and dated written inspection report to the requesting party that includes all of the following: A statement that, in the opinion of the CASp, the inspected structures and areas of the site need correction to meet construction-related accessibility standards. An description of the corrections needed. A schedule of completion for each of the corrections within a reasonable timeframe. The statement must clearly indicate whether the determination of the CASp includes an assessment of readily achievable barrier removal.

19 CASp All Inspected Sites For all inspected sites, the CASp shall provide the building owner or tenant requesting the inspection with a numbered disability access inspection certificate indicating that the site has been inspected by a certified access specialist.

20 WHY HAVE A CASp SURVEY? For tenants and property owners, if a complaint has been filed in State Court and served and the property has ALREADY been inspected by a Certified Access Specialist (CASp), they may have the right to a court stay (temporary stoppage) of 90 days and an early evaluation conference to evaluate the merits of the construction-related accessibility claim against them. That early evaluation conference would be conducted by a superior court judge or commissioner, or a court early evaluation conference officer. If the lawsuit is based on an alleged violation that would be easy for the business to fix, and the business is willing to resolve the issue quickly, the parties will be able to discuss whether further litigation is necessary.

21 WHY HAVE A CASp SURVEY? From the California Chamber of Commerce website: Parties will be encouraged to consider reasonable settlement offers. SB 1608 clarifies that a court can consider, among other relevant factors, reasonable written settlement offers made and rejected by either party in determining the amount of an attorneys fees award at the conclusion of a case. Attorneys who issue demands for money must also provide the business owner with an advisory statement. SB 1608 requires that written demands for money by attorneys be accompanied by an explanation of the legal rights of the building owner/tenant, including the ability to contact their insurance company as well as an attorney experienced with accessibility lawsuits. In addition, the advisory will explain that receipt of a demand for money does not necessarily mean the business is liable. Attorneys who fail to comply may be reported to the State Bar. The advisory statement will be available in multiple languages on the state court website.

22 WHY HAVE A CASp SURVEY? Multiple damages may not be recovered at a single facility. SB 1608 will help to ensure that damages may be claimed only when a plaintiff personally encountered a violation or was deterred from gaining access on a particular occasion. SB 1608 clarifies that a denial of full and equal access constitutes one violation per distinct facility for purposes of damages. Damages may not be recovered for each and every single offense that may exist at the particular facility. In addition, the plaintiff may not recover for violations that may have existed at a facility but which never caused harm or injury to the plaintiff, either in the form of an encounter or deterrence on a particular occasion.

23 Understanding of this new program is evolving: there are few if any cases I know of that have made it to court and few surveys that have been carried out so just how the program will work is still an open question. What is apparent is it encourages mediation before a lawsuit goes forward and provides owners and tenants a vehicle to make a good faith effort to provide accessibility. For more information, check the websites of The Division of the State Architect ( & California Chamber of Commerce LawHelpsBusinessesAvoidADAPitfalls.aspx DICLAIMER - I m an Architect, not an Attorney. While I have provided you with my own and other s opinions of how the new law might work for you, you should consult an attorney for legal advise on your rights under SB And remember: ACCESS IS GOOD FOR BUSINESS

24 Presented by Arnie Lerner, AIA, CASp Architect in private practice, Lerner + Associates Architects Vice President Board of Directors SF Independent Living Resource Center Vice President SF Access Appeals Commission SF Code Advisory Committee representing Historic Preservation 1108C Bryant Street, San Francisco, CA Phone: (415) Fax: (415) e.: info@lernerarch.com Web: