Amended in Assembly March 18, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2873


Introduced by Assembly Member Thurmond

February 19, 2016


An act to amend Sectionbegin insert 55.3 of the Civil Code, and to amend Sectionsend insert 4459.5begin insert and 4467end insert of the Government Code, relating to publicbegin delete contracts.end deletebegin insert contracts, and making an appropriation therefor.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2873, as amended, Thurmond. Certified access specialists.

begin insert

The Construction-Related Accessibility Standards Compliance Act establishes standards for making new construction and existing facilities accessible to persons with disabilities, including inspections by private persons or building inspectors who are certified access specialists (CASps), and provides for construction-related accessibility claims for violations of those standards. That act requires a local agency, commencing January 1, 2014, to employ or retain a sufficient number of building inspectors who are CASps to conduct permitting and plan check services to review for compliance with state construction-related accessibility standards by a place of public accommodation with respect to new construction. The act requires, if a local agency employs or retains 2 or more CASps, that at least half of the certified access specialists be building inspectors who are CASps.

end insert
begin insert

This bill would require, commencing January 1, 2017, that all building inspectors employed or retained by a local agency be certified access specialists. By adding to the duties of a local entity, this bill would impose a state-mandated local program.

end insert

Existing law requires the State Architect to establish a program for voluntary certification by the state of any person who meets specified criteria as a certified access specialist with respect to access to buildings for persons withbegin delete disabilities. Existing law authorizes the State Architect to implement the program with startup funds derived, as a loan, from the reserve of the Public School Planning, Design, and Construction Review Revolving Fund, upon appropriation by the Legislature, to be repaid as specified.end deletebegin insert disabilities and end insertbegin insertto determine minimum criteria for certification.end insert

This bill wouldbegin delete make a nonsubstantive change to those provisions.end deletebegin insert require the minimum criteria to include familiarity with the applicability and content of various accessibility requirements, including but not limited to, specific federal and state requirements.end insert

begin insert

Until December 31, 2018, existing law requires any applicant for a local business license or equivalent instrument or permit, or renewal of a local business license or equivalent instrument or permit, to pay an additional state fee of $1 for that license, instrument, or permit. Under existing law, the city, county, or city and county that collected the fee retains 70% of the fee, and the remaining 30% of the fee is deposited into the Disability Access and Education Revolving Fund, a continuously appropriated fund.

end insert
begin insert

This bill would increase that state fee from $1 to $4 and would delete the December 31, 2018, termination date. The bill would increase the percentage of the fee retained by a local agency to 90% and the remaining 10% would be deposited into the Disability Access and Education Revolving Fund. By increasing revenue to a continuously appropriated fund, this bill would make an appropriation. The bill would make an appropriation by authorizing local government entities to retain an increased percentage of the increased fee. The bill would require that the moneys retained by a local agency be placed in a special fund established by the local agency, to be known as the “CASp Certification and Training Fund.” The bill would require that fees collected in a CASp Certification and Training Fund be used for increased certified access specialist training and certification in the local jurisdiction.

end insert
begin insert

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end insert
begin insert

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

end insert

Vote: begin deletemajority end deletebegin insert23end insert. Appropriation: begin deleteno end deletebegin insertyesend insert. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

The people of the State of California do enact as follows:

P3    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 55.53 of the end insertbegin insertCivil Codeend insertbegin insert is amended to
2read:end insert

3

55.53.  

(a) For purposes of this part, a certified access specialist
4shall, upon completion of the inspection of a site, comply with the
5following:

6(1) For abegin insert site thatend insert meets applicablebegin delete standards site,end deletebegin insert standards,end insert if
7the CASp determines the site meets all applicable
8construction-related accessibility standards, the CASp shall provide
9a written inspection report to the requesting party that includes
10both of the following:

11(A) An identification and description of the inspected structures
12and areas of the site.

13(B) A signed and dated statement that includes both of the
14following:

15(i) A statement that, in the opinion of the CASp, the inspected
16structures and areas of the site meet construction-related
17accessibility standards. The statement shall clearly indicate whether
18the determination of the CASp includes an assessment of readily
19achievable barrier removal.

20(ii) If corrections were made as a result of the CASp inspection,
21an itemized list of all corrections and dates of completion.

22(2) Forbegin delete an inspected by a CASp site,end deletebegin insert a site that has been
23inspected by a CASp,end insert
if the CASp determines that corrections are
24needed to the site in order for the site to meet all applicable
25construction-related accessibility standards, the CASp shall provide
26a signed and dated written inspection report to the requesting party
27that includes all of the following:

28(A) An identification and description of the inspected structures
29and areas of the site.

30(B) A statement that, in the opinion of the CASp, the inspected
31structures and areas of the site need correction to meet
P4    1construction-related accessibility standards. This statement shall
2clearly indicate whether the determination of the CASp includes
3an assessment of readily achievable barrier removal.

4(C) An identification and description of the structures or areas
5of the site that need correction and the correction needed.

6(D) A schedule of completion for each of the corrections within
7a reasonable timeframe.

8(b) For purposes of this section, in determining whether the site
9meets applicable construction-related accessibility standards when
10there is a conflict or difference between a state and federal
11provision, standard, or regulation, the state provision, standard, or
12regulation shall apply unless the federal provision, standard, or
13regulation is more protective of accessibility rights.

14(c) Every CASp who conducts an inspection of a place of public
15accommodation shall, upon completing the inspection of the site,
16provide the building owner or tenant who requested the inspection
17with the following notice, which the State Architect shall make
18available as a form on the State Architect’s Internet Web site:

1920NOTICE TO PRIVATE PROPERTY OWNER/TENANT:
21

22YOU ARE ADVISED TO KEEP IN YOUR RECORDS ANY
23WRITTEN INSPECTION REPORT AND ANY OTHER
24DOCUMENTATION CONCERNING YOUR PROPERTY SITE
25THAT IS GIVEN TO YOU BY A CERTIFIED ACCESS
26SPECIALIST.

27IF YOU BECOME A DEFENDANT IN A LAWSUIT THAT
28INCLUDES A CLAIM CONCERNING A SITE INSPECTED
29BY A CERTIFIED ACCESS SPECIALIST, YOU MAY BE
30ENTITLED TO A COURT STAY (AN ORDER TEMPORARILY
31STOPPING ANY LAWSUIT) OF THE CLAIM AND AN EARLY
32EVALUATION CONFERENCE.

33IN ORDER TO REQUEST THE STAY AND EARLY
34EVALUATION CONFERENCE, YOU WILL NEED TO VERIFY
35THAT A CERTIFIED ACCESS SPECIALIST HAS INSPECTED
36THE SITE THAT IS THE SUBJECT OF THE CLAIM. YOU
37WILL ALSO BE REQUIRED TO PROVIDE THE COURT AND
38THE PLAINTIFF WITH THE COPY OF A WRITTEN
39INSPECTION REPORT BY THE CERTIFIED ACCESS
40SPECIALIST, AS SET FORTH IN CIVIL CODE SECTION
P5    155.54. THE APPLICATION FORM AND INFORMATION ON
2HOW TO REQUEST A STAY AND EARLY EVALUATION
3CONFERENCE MAY BE OBTAINED AT
4www.courts.ca.gov/selfhelp-start.htm.

5YOU ARE ENTITLED TO REQUEST, FROM A CERTIFIED
6ACCESS SPECIALIST WHO HAS CONDUCTED AN
7INSPECTION OF YOUR PROPERTY, A WRITTEN
8INSPECTION REPORT AND OTHER DOCUMENTATION AS
9SET FORTH IN CIVIL CODE SECTION 55.53. YOU ARE ALSO
10ENTITLED TO REQUEST THE ISSUANCE OF A DISABILITY
11ACCESS INSPECTION CERTIFICATE, WHICH YOU MAY
12POST ON YOUR PROPERTY.


14(d) (1) Commencing July 1, 2010, a local agency shall employ
15or retain at least one building inspector who is a certified access
16specialist. The certified access specialist shall provide consultation
17to the local agency, permit applicants, and members of the public
18on compliance with state construction-related accessibility
19 standards with respect to inspections of a place of public
20accommodation that relate to permitting, plan checks, or new
21construction, including, but not limited to, inspections relating to
22tenant improvements that may impact access. If a local agency
23employs or retains two or more certified access specialists to
24comply with this subdivision, at least one-half of the certified
25access specialists shall be building inspectors who are certified
26access specialists.

27(2) Commencing January 1,begin delete 2014, a local agency shall employ
28or retain a sufficient number of building inspectors who areend delete
begin insert 2017,
29all building inspectors employed or retained by a local agency
30shall beend insert
certified access specialistsbegin delete toend deletebegin insert whoend insert conduct permitting and
31plan check services to review for compliance with state
32construction-related accessibility standards by a place of public
33accommodation with respect to new construction, including, but
34not limited to, projects relating to tenant improvements that may
35impact access. begin delete If a local agency employs or retains two or more
36certified access specialists to comply with this subdivision, at least
37one-half of the certified access specialists shall be building
38inspectors who are certified access specialists.end delete

39(3) If a permit applicant or member of the public requests
40consultation from a certified access specialist, the local agency
P6    1may charge an amount limited to a reasonable hourly rate, an
2estimate of which shall be provided upon request in advance of
3the consultation. A local government may additionally charge or
4increase permitting, plan check, or inspection fees to the extent
5necessary to offset the costs of complying with this subdivision.
6Any revenues generated from an hourly or other charge or fee
7increase under this subdivision shall be used solely to offset the
8costs incurred to comply with this subdivision. A CASp inspection
9pursuant to subdivision (a) by a building inspector who is a
10certified access specialist shall be treated equally for legal and
11evidentiary purposes as an inspection conducted by a private CASp.
12Nothing in this subdivision shall preclude permit applicants or any
13other person with a legal interest in the property from retaining a
14private CASp at any time.

15(e) (1) Every CASp who completes an inspection of a place of
16public accommodation shall, upon a determination that the site
17meets applicable standards pursuant to paragraph (1) of subdivision
18(a) or is inspected by a CASp pursuant to paragraph (2) of
19subdivision (a), provide the building owner or tenant requesting
20the inspection with a numbered disability access inspection
21certificate indicating that the site has undergone inspection by a
22certified access specialist. The disability access inspection
23certificate shall be dated and signed by the CASp inspector, and
24shall contain the inspector’s name and license number. Upon
25issuance of a certificate, the CASp shall record the issuance of the
26numbered certificate, the name and address of the recipient, and
27the type of report issued pursuant to subdivision (a) in a record
28book the CASp shall maintain for that purpose.

29(2) Beginning March 1, 2009, the State Architect shall make
30available for purchase by any local building department or CASp
31sequentially numbered disability access inspection certificates that
32are printed with a watermark or other feature to deter forgery and
33that comply with the information requirements specified in
34subdivision (a).

35(3) The disability access inspection certificate may be posted
36on the premises of the place of public accommodation, unless,
37following the date of inspection, the inspected site has been
38modified or construction has commenced to modify the inspected
39site in a way that may impact compliance with construction-related
40accessibility standards.

P7    1(f) Nothing in this section or any other law is intended to require
2a property owner or tenant to hire a CASp. A property owner’s or
3tenant’s election not to hire a CASp shall not be admissible to
4prove that person’s lack of intent to comply with the law.

5begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 4459.5 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
6to read:end insert

7

4459.5.  

(a) The State Architect shall establish and publicize
8a program for voluntary certification by the state of any person
9who meets specified criteria as a certified access specialist. No
10later than January 1, 2005, the State Architect shall determine
11minimum criteria a person is required to meetbegin delete in orderend delete to be a
12certified access specialist, which may include knowledge sufficient
13to review, inspect, or advocate universal design requirements,
14completion of specified training, and testing on standards governing
15access tobegin delete buildingsend deletebegin insert buildings, including but not limited to housing,end insert
16 for persons with disabilities.begin insert The minimum criteria shall include
17familiarity with the applicability and content of various
18accessibility requirements, including but not limited to, the federal
19requirements described in subdivision (c) of Section 4459 and the
20state standards established in Chapter 11A (commencing with
21Section 1101A) and Chapter 11B (commencing with 11B-101) of
22Title 24 of the California Code of Regulations.end insert

23(b) The State Architect may implement the program described
24in subdivision (a) with startup funds derived, as a loan, from the
25reserve of the Public School Planning, Design, and Construction
26Review Revolving Fund, upon appropriation by the Legislature.
27That loan shall be repaid when sufficient fees have been collected
28pursuant to Section 4459.8.

29begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 4467 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
30read:end insert

31

4467.  

(a) On and after January 1,begin delete 2013, and until December
3231, 2018,end delete
begin insert 2017,end insert any applicant for a local business license or
33equivalent instrument or permit, and from any applicant for the
34renewal of a business license or equivalent instrument or permit,
35shall pay an additional fee ofbegin delete one dollar ($1)end deletebegin insert four dollars ($4)end insert for
36that license, instrument, or permit, which shall be collected by the
37city, county, or city and county that issued the license, instrument,
38 or permit.

39(b) The city, county, or city and county shall retainbegin delete 70end deletebegin insert 90end insert percent
40of the fees collected under this section, of which up to 5 percent
P8    1of the retained moneys may be used for related administrative costs
2of this chapter. The remaining moneys shall be begin delete used to fund
3increased certified access specialist (CASp) services in that
4jurisdiction for the public and to facilitate compliance with
5construction-related accessibility requirements.end delete
begin insert placed by the city,
6county, or city and county in a special fund established by city,
7county, or city and county, to be known as the “CASp Certification
8and Training Fund.” The fees collected in a CASp Certification
9and Training Fund shall be used for increased certified access
10specialist training and certification in that local jurisdiction and
11to facilitate compliance with construction-related accessibility
12requirements.end insert
The highest priority shall be given to the training
13and retention of certified access specialists to meet the needs of
14the public in the jurisdiction as provided in Section 55.53 of the
15Civil Code.

16(c) The remainingbegin delete 30end deletebegin insert 10end insert percent of all fees collected under this
17section shall be transmitted on a quarterly basis to the Division of
18the State Architect for deposit in the Disability Access and
19Education Revolving Fund established under Sections 4465 and
204470. The funds shall be transmitted within 15 days of the last day
21of the fiscal quarter. The Division of the State Architect shall
22develop and post on its Internet Web site a standard reporting form
23for use by all local jurisdictions. Up to 75 percent of the collected
24funds in the Disability Access and Education Revolving Fund shall
25be used to establish and maintain oversight of the CASp program
26and to moderate the expense of CASp certification and testing.

27(d) Each city, county, or city and county shall make an annual
28report, commencing March 1, 2014, to the Division of the State
29Architect of the total fees collected in the previous calendar year
30and of its distribution, including the moneys spent on administrative
31services, the activities undertaken and moneys spent to increase
32CASpbegin insert training, certification, andend insert services, the activities undertaken
33and moneys spent to fund programs to facilitate accessibility
34compliance, and the moneys transmitted to the Disability Access
35and Education Revolving Fund.

36begin insert

begin insertSEC. 4.end insert  

end insert
begin insert

If the Commission on State Mandates determines that
37this act contains costs mandated by the state, reimbursement to
38local agencies and school districts for those costs shall be made
39pursuant to Part 7 (commencing with Section 17500) of Division
404 of Title 2 of the Government Code.

end insert
begin deleteP9    1

SECTION 1.  

Section 4459.5 of the Government Code is
2amended to read:

3

4459.5.  

(a) The State Architect shall establish and publicize
4a program for voluntary certification by the state of any person
5who meets specified criteria as a certified access specialist. The
6State Architect shall determine minimum criteria a person is
7required to meet in order to be a certified access specialist, which
8may include knowledge sufficient to review, inspect, or advocate
9universal design requirements, completion of specified training,
10and testing on standards governing access to buildings for persons
11with disabilities.

12(b) The State Architect may implement the program described
13in subdivision (a) with startup funds derived, as a loan, from the
14reserve of the Public School Planning, Design, and Construction
15Review Revolving Fund, upon appropriation by the Legislature.
16That loan shall be repaid when sufficient fees have been collected
17pursuant to Section 4459.8.

end delete


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