Frequently Asked Questions
Please check back frequently. WE ARE COMPILING An ongoing LIST OF FAQ'S.
Q: If I attain a CASp report, am I protected against a lawsuit?
A: Yes and No. By attaining a CASp report, you become a “qualified defendant” if somebody files a complaint against you/your business in a construction-related accessibility lawsuit. You may be entitled to a court stay to postpone legal proceedings and you may request an early evaluation conference. You must attain a CASp report BEFORE a lawsuit is filed with the court and you must follow the schedule of improvements.
Click here for further information and details regarding the CASp program.
Click here to view the CCDA Top Ten report, which details the top ten reasons why businesses are sued in regards to construction-related accessibility claims (disability access).
Q: Where can I find information about service animals?
A: The U.S. Justice Department recently published new FAQ’s regarding service animals. This information is available on the Pacific ADA website in an easy-to-understand format.
Click here for more information about service animals.
Q: I own a restaurant. Where can I find ADA accessibility information specific to restaurants?
A: There are many resources available for different types of businesses in regards to accessibility. For restaurants specifically, check out the Restaurant Accessibility Field Guide developed by Designing Accessible Communities. It contains easy-to-understand diagrams and code references. If you are concerned about your businesses accessibility, CCDA recommends hiring a professional in addition to referencing code books and field guides.
Click here to go directly to the Restaurant Accessibility Field Guide.
Click here to visit the Designing Accessible Communities website.
Q: Where can I find information about the number of ambulatory stalls required in my restroom facilities, the required heights of van access signs, how many accessible parking stalls I need, etc...?
A: The location of accessibility requirements to places of public accommodation can be found in the California Code of Regulations, Title 24 (also known as the California Building Code), Chapter 11B. CCDA recommends that you hire a professional such as a CASp, Architect, or other trained building professional, to help explain and/or interpret the code requirements for your unique situation. Click here for a link to Title 24, Chapter 11B.
Q: Can a privately owned/operated parking garage or parking lot charge a fee for parking in an accessible stall?
A: Yes. Though accessible parking stalls owned/operated by a public entity may waive the parking fee, private entities are not required to do so.
Q: I am a small business owner with questions regarding the Department of Justice's revised regulations regarding the Americans with Disabilities Act (ADA) and standards for accessible design. Where can I find accurate information regarding these new regulations and how they apply to me?
A: The U.S. Department of Justice has created a booklet for small businesses to help them understand how ADA applies to them. Please click here to be linked directly to the booklet.
Q: I feel that an attorney has acted unethically. Where do I file a complaint?
A: You may file a complaint with the State Bar of California by visiting http://www.calbar.ca.gov/ or by phoning at 800-843-9053.
Q: How can I find out if an attorney has filed a copy of a demand letter and/or complaint with CCDA as required by SB 1186?
A: Contact CCDA via email or telephone and provide us with the attorney’s name, the month/day/year of the demand letter/complaint, and preferably the name of the plaintiff and defendant as well. We may be able to provide you with an answer without all of the information listed above on a case-by-case basis. Larger or more complicated inquiries will require a greater turn-around time.
Q: How does the California Commission on Disability Access (CCDA) enforce ADA law within affordable housing dwelling units?
A: CCDA does not maintain the authority to enforce ADA law. ADA concerns regarding affordable housing dwelling units should be direct to the California Department of Housing and Community Development and/or the the California Department of Community Services and Development, and/or your local jurisdiction.
(The scenario below assumes that no complaint has been served on the tenant/owner regarding a construction related accessibility claim.)
Q: The code requires that a commercial property owner/lessor state in the lease whether or not a CASp inspection has taken place. If a CASp inspection has not taken place and the owner/lessor states such in the lease, has the owner/lessor fully complied with its obligations under Section 1938? Are there any penalties, fines, or consequences to the owner/lessor for not having the CASp inspection done?
A: Civil Code Section 1938 states: A commercial property owner or lessor shall state on every lease form or rental agreement executed on or after July 1, 2013 whether the property being leased or rented has undergone inspection by a Certified Access Specialist (CASp), and, if so, whether the property has or has not been determined to meet all applicable standards pursuant to Section 55.53.
The property owner/lessor is not required to obtain a CASp inspection, only to state the required information about whether or not the property has been inspected, and, if it was inspected, whether or not the property has or has not been determined to meet applicable standards on the lease or rental agreement.