Amended in Assembly May 31, 2016

Amended in Assembly April 21, 2016

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 delete 55.3end deletebegin insert 55.53end insert of the Civil Code, and to amend Sections 4459.5 and 4467 of the Government Code, relating to public contracts, and making an appropriation therefor.

LEGISLATIVE COUNSEL’S DIGEST

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

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 CASps be building inspectors who are CASps.

This bill would require, commencing January 1,begin delete 2018,end deletebegin insert 2020,end insert that all building inspectors employed or retained by a local agency who 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 newbegin delete construction,end deletebegin insert construction or reend insertbegin insertnovations,end insert including, but not limited to, projects relating to tenant improvements that may impact access, be CASps. By adding to the duties of a local entity, this bill would impose a state-mandated local program.

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 CASp with respect to access to buildings for persons with disabilities and to determine minimum criteria for certification.

This bill would 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.

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.

This bill would increase that state feebegin delete from $1end delete to $4begin delete and would delete the December 31, 2018, termination date.end deletebegin insert from January 1, 2017, through December 31, 2019.end insert 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, by increasing the fee and by extending the fee indefinitely, 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, making an appropriation by expanding the purposes for which the retained fee moneys are required to be spent.

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.

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.

Vote: 23. Appropriation: yes. Fiscal committee: yes. State-mandated local program: yes.

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

begin delete
P3    1

SECTION 1.  

Section 55.53 of the Civil Code is amended to
2read:

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 a site that meets applicable standards, if the CASp
7determines the site meets all applicable construction-related
8accessibility standards, the CASp shall provide a written inspection
9report to the requesting party that includes both of the following:

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

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

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

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

21(2) For a site that has been inspected by a CASp, if the CASp
22determines that corrections are needed to the site in order for the
23site to meet all applicable construction-related accessibility
24standards, the CASp shall provide a signed and dated written
25inspection report to the requesting party that includes all of the
26following:

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

P4    1(B) A statement that, in the opinion of the CASp, the inspected
2structures and areas of the site need correction to meet
3construction-related accessibility standards. This statement shall
4clearly indicate whether the determination of the CASp includes
5an assessment of readily achievable barrier removal.

6(C) An identification and description of the structures or areas
7of the site that need correction and the correction needed.

8(D) A schedule of completion for each of the corrections within
9a reasonable timeframe.

10(b) For purposes of this section, in determining whether the site
11meets applicable construction-related accessibility standards when
12there is a conflict or difference between a state and federal
13provision, standard, or regulation, the state provision, standard, or
14regulation shall apply unless the federal provision, standard, or
15regulation is more protective of accessibility rights.

16(c) Every CASp who conducts an inspection of a place of public
17accommodation shall, upon completing the inspection of the site,
18provide the building owner or tenant who requested the inspection
19with the following notice, which the State Architect shall make
20available as a form on the State Architect’s Internet Web site:

21
22NOTICE TO PRIVATE PROPERTY OWNER/TENANT:
23

24YOU ARE ADVISED TO KEEP IN YOUR RECORDS ANY
25WRITTEN INSPECTION REPORT AND ANY OTHER
26DOCUMENTATION CONCERNING YOUR PROPERTY SITE
27THAT IS GIVEN TO YOU BY A CERTIFIED ACCESS
28SPECIALIST.

29IF YOU BECOME A DEFENDANT IN A LAWSUIT THAT
30INCLUDES A CLAIM CONCERNING A SITE INSPECTED
31BY A CERTIFIED ACCESS SPECIALIST, YOU MAY BE
32ENTITLED TO A COURT STAY (AN ORDER TEMPORARILY
33STOPPING ANY LAWSUIT) OF THE CLAIM AND AN EARLY
34EVALUATION CONFERENCE.

35IN ORDER TO REQUEST THE STAY AND EARLY
36EVALUATION CONFERENCE, YOU WILL NEED TO VERIFY
37THAT A CERTIFIED ACCESS SPECIALIST HAS INSPECTED
38THE SITE THAT IS THE SUBJECT OF THE CLAIM. YOU
39WILL ALSO BE REQUIRED TO PROVIDE THE COURT AND
40THE PLAINTIFF WITH THE COPY OF A WRITTEN
P5    1INSPECTION REPORT BY THE CERTIFIED ACCESS
2SPECIALIST, AS SET FORTH IN CIVIL CODE SECTION
355.54. THE APPLICATION FORM AND INFORMATION ON
4HOW TO REQUEST A STAY AND EARLY EVALUATION
5CONFERENCE MAY BE OBTAINED AT
6www.courts.ca.gov/selfhelp-start.htm.

7YOU ARE ENTITLED TO REQUEST, FROM A CERTIFIED
8ACCESS SPECIALIST WHO HAS CONDUCTED AN
9INSPECTION OF YOUR PROPERTY, A WRITTEN
10INSPECTION REPORT AND OTHER DOCUMENTATION AS
11SET FORTH IN CIVIL CODE SECTION 55.53. YOU ARE ALSO
12ENTITLED TO REQUEST THE ISSUANCE OF A DISABILITY
13ACCESS INSPECTION CERTIFICATE, WHICH YOU MAY
14POST ON YOUR PROPERTY.
15


16(d) (1) Commencing July 1, 2010, a local agency shall employ
17or retain at least one building inspector who is a certified access
18specialist. The certified access specialist shall provide consultation
19to the local agency, permit applicants, and members of the public
20on compliance with state construction-related accessibility
21 standards with respect to inspections of a place of public
22accommodation that relate to permitting, plan checks, or new
23construction, including, but not limited to, inspections relating to
24tenant improvements that may impact access. If a local agency
25employs or retains two or more certified access specialists to
26comply with this subdivision, at least one-half of the certified
27access specialists shall be building inspectors who are certified
28access specialists.

29(2) Commencing January 1, 2018, all building inspectors
30employed or retained by a local agency who conduct permitting
31and plan check services to review for compliance with state
32 construction-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, shall be certified access specialists.

36(3) If a permit applicant or member of the public requests
37consultation from a certified access specialist, the local agency
38may charge an amount limited to a reasonable hourly rate, an
39estimate of which shall be provided upon request in advance of
40the consultation. A local government may additionally charge or
P6    1increase permitting, plan check, or inspection fees to the extent
2necessary to offset the costs of complying with this subdivision.
3Any revenues generated from an hourly or other charge or fee
4increase under this subdivision shall be used solely to offset the
5costs incurred to comply with this subdivision. A CASp inspection
6pursuant to subdivision (a) by a building inspector who is a
7certified access specialist shall be treated equally for legal and
8evidentiary purposes as an inspection conducted by a private CASp.
9Nothing in this subdivision shall preclude permit applicants or any
10other person with a legal interest in the property from retaining a
11private CASp at any time.

12(e) (1) Every CASp who completes an inspection of a place of
13public accommodation shall, upon a determination that the site
14meets applicable standards pursuant to paragraph (1) of subdivision
15(a) or is inspected by a CASp pursuant to paragraph (2) of
16subdivision (a), provide the building owner or tenant requesting
17the inspection with a numbered disability access inspection
18certificate indicating that the site has undergone inspection by a
19certified access specialist. The disability access inspection
20certificate shall be dated and signed by the CASp inspector, and
21shall contain the inspector’s name and license number. Upon
22issuance of a certificate, the CASp shall record the issuance of the
23numbered certificate, the name and address of the recipient, and
24the type of report issued pursuant to subdivision (a) in a record
25book the CASp shall maintain for that purpose.

26(2) Beginning March 1, 2009, the State Architect shall make
27available for purchase by any local building department or CASp
28sequentially numbered disability access inspection certificates that
29are printed with a watermark or other feature to deter forgery and
30that comply with the information requirements specified in
31subdivision (a).

32(3) The disability access inspection certificate may be posted
33on the premises of the place of public accommodation, unless,
34following the date of inspection, the inspected site has been
35modified or construction has commenced to modify the inspected
36site in a way that may impact compliance with construction-related
37accessibility standards.

38(f) Nothing in this section or any other law is intended to require
39a property owner or tenant to hire a CASp. A property owner’s or
P7    1tenant’s election not to hire a CASp shall not be admissible to
2prove that person’s lack of intent to comply with the law.

end delete
3begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 55.53 of the end insertbegin insertCivil Codeend insertbegin insert is amended to
4read:end insert

5

55.53.  

(a) For purposes of this part, a certified access specialist
6begin insert (CASp)end insert shall, upon completion of the inspection of a site, comply
7with the following:

8(1) For abegin insert site thatend insert meets applicablebegin delete standards site,end deletebegin insert standards,end insert if
9the CASp determines the site meets all applicable
10construction-related accessibility standards, the CASp shall provide
11a written inspection report to the requesting party that includes
12both of the following:

13(A) An identification and description of the inspected structures
14and areas of the site.

15(B) A signed and dated statement that includes both of the
16following:

17(i) A statement that, in the opinion of the CASp, the inspected
18structures and areas of the site meet construction-related
19accessibility standards. The statement shall clearly indicate whether
20the determination of the CASp includes an assessment of readily
21achievable barrier removal.

22(ii) If corrections were made as a result of the CASp inspection,
23an itemized list of all corrections and dates of completion.

24(2) Forbegin delete anend deletebegin insert a site that has beenend insert inspected by abegin delete CASp site,end deletebegin insert CASp,end insert
25 if the CASp determines that corrections are needed to the site in
26order for the site to meet all applicable construction-related
27accessibility standards, the CASp shall provide a signed and dated
28written inspection report to the requesting party that includes all
29of the following:

30(A) An identification and description of the inspected structures
31and areas of the site.

32(B) The date of the inspection.

33(C) A statement that, in the opinion of the CASp, the inspected
34structures and areas of the site need correction to meet
35construction-related accessibility standards. This statement shall
36clearly indicate whether the determination of the CASp includes
37an assessment of readily achievable barrier removal.

38(D) An identification and description of the structures or areas
39of the site that need correction and the correction needed.

P8    1(E) A schedule of completion for each of the corrections within
2a reasonable timeframe.

3(3) The CASp shall provide, within 30 days of the date of the
4inspection of a business that qualifies for the provisions of
5subparagraph (A) of paragraph (3) of subdivision (g) of Section
655.56, a copy of a report prepared pursuant to that subparagraph
7to the business.

8(4) The CASp shall file, within 10 days of inspecting a business
9pursuant to subparagraph (A) of paragraph (3) of subdivision (g)
10of Section 55.56, a notice with the State Architect for listing on
11the State Architect’s Internet Web site, as provided by subdivision
12(d) of Section 4459.7 of the Government Code, indicating that the
13CASp has inspected the business, the name and address of the
14business, the date of the filing, the date of the inspection of the
15business, the name and license number of the CASp, and a
16description of the structure or area inspected by the CASp.

17(5) The CASp shall post the notice described in paragraph (4),
18in a form prescribed by the State Architect, in a conspicuous
19location within five feet of all public entrances to the building on
20the date of the inspection and instruct the business to keep it in
21place until the earlier of either of the following:

22(A) One hundred twenty days after the date of the inspection.

23(B) The date when all of the construction-related violations in
24the structure or area inspected by the CASp are corrected.

25(b) For purposes of this section, in determining whether the site
26meets applicable construction-related accessibility standards when
27there is a conflict or difference between a state and federal
28provision, standard, or regulation, the state provision, standard, or
29regulation shall apply unless the federal provision, standard, or
30regulation is more protective of accessibility rights.

31(c) Every CASp who conducts an inspection of a place of public
32accommodation shall, upon completing the inspection of the site,
33provide the building owner or tenant who requested the inspection
34with the following notice, which the State Architect shall make
35available as a form on the State Architect’s Internet Web site:

36
37NOTICE TO PRIVATE PROPERTY OWNER/TENANT:
38

39YOU ARE ADVISED TO KEEP IN YOUR RECORDS ANY
40WRITTEN INSPECTION REPORT AND ANY OTHER
P9    1DOCUMENTATION CONCERNING YOUR PROPERTY SITE
2THAT IS GIVEN TO YOU BY A CERTIFIED ACCESS
3SPECIALIST.

4IF YOU BECOME A DEFENDANT IN A LAWSUIT THAT
5INCLUDES A CLAIM CONCERNING A SITE INSPECTED
6BY A CERTIFIED ACCESS SPECIALIST, YOU MAY BE
7ENTITLED TO A COURT STAY (AN ORDER TEMPORARILY
8STOPPING ANY LAWSUIT) OF THE CLAIM AND AN EARLY
9EVALUATION CONFERENCE.

10IN ORDER TO REQUEST THE STAY AND EARLY
11EVALUATION CONFERENCE, YOU WILL NEED TO VERIFY
12THAT A CERTIFIED ACCESS SPECIALIST HAS INSPECTED
13THE SITE THAT IS THE SUBJECT OF THE CLAIM. YOU
14WILL ALSO BE REQUIRED TO PROVIDE THE COURT AND
15THE PLAINTIFF WITH THE COPY OF A WRITTEN
16INSPECTION REPORT BY THE CERTIFIED ACCESS
17SPECIALIST, AS SET FORTH IN CIVIL CODE SECTION
1855.54. THE APPLICATION FORM AND INFORMATION ON
19HOW TO REQUEST A STAY AND EARLY EVALUATION
20CONFERENCE MAY BE OBTAINED AT
21www.courts.ca.gov/selfhelp-start.htm.

22YOU ARE ENTITLED TO REQUEST, FROM A CERTIFIED
23ACCESS SPECIALIST WHO HAS CONDUCTED AN
24 INSPECTION OF YOUR PROPERTY, A WRITTEN
25INSPECTION REPORT AND OTHER DOCUMENTATION AS
26SET FORTH IN CIVIL CODE SECTION 55.53. YOU ARE ALSO
27ENTITLED TO REQUEST THE ISSUANCE OF A DISABILITY
28ACCESS INSPECTION CERTIFICATE, WHICH YOU MAY
29POST ON YOUR PROPERTY.


31(d) (1) Commencing July 1, 2010, a local agency shall employ
32or retain at least one building inspector who is a certified access
33specialist. The certified access specialist shall provide consultation
34to the local agency, permit applicants, and members of the public
35on compliance with state construction-related accessibility
36standards with respect to inspections of a place of public
37accommodation that relate to permitting, plan checks, or new
38construction, including, but not limited to, inspections relating to
39tenant improvements that may impact access. If a local agency
40employs or retains two or more certified access specialists to
P10   1 comply with this subdivision, at least one-half of the certified
2access specialists shall be building inspectors who are certified
3access specialists.

4(2) Commencing January 1, begin delete 2014, a local agency shall employ
5or retain a sufficient number of building inspectors who are
6certified access specialists toend delete
begin insert 2020, all building inspectors
7employed or retained by a local agency whoend insert
conduct permitting
8and plan check services to review for compliance with state
9construction-related accessibility standards by a place of public
10accommodation with respect to newbegin delete construction,end deletebegin insert construction or
11renovation,end insert
including, but not limited to, projects relating to tenant
12improvements that may impactbegin delete access. If a local agency employs
13or retains two or more certified access specialists to comply with
14this subdivision, at least one-half of the certified access specialists
15shall be building inspectors who areend delete
begin insert access, shall beend insert certified
16access specialists.

17(3) If a permit applicant or member of the public requests
18consultation from a certified access specialist, the local agency
19may charge an amount limited to a reasonable hourly rate, an
20estimate of which shall be provided upon request in advance of
21the consultation. A local government may additionally charge or
22increase permitting, plan check, or inspection fees to the extent
23necessary to offset the costs of complying with this subdivision.
24Any revenues generated from an hourly or other charge or fee
25increase under this subdivision shall be used solely to offset the
26costs incurred to comply with this subdivision. A CASp inspection
27pursuant to subdivision (a) by a building inspector who is a
28certified access specialist shall be treated equally for legal and
29evidentiary purposes as an inspection conducted by a private CASp.
30Nothing in this subdivision shall preclude permit applicants or any
31other person with a legal interest in the property from retaining a
32private CASp at any time.

33(e) (1) Every CASp who completes an inspection of a place of
34public accommodation shall, upon a determination that the site
35meets applicable standards pursuant to paragraph (1) of subdivision
36(a) or is inspected by a CASp pursuant to paragraph (2) of
37subdivision (a), provide the building owner or tenant requesting
38the inspection with a numbered disability access inspection
39certificate indicating that the site has undergone inspection by a
40certified access specialist. The disability access inspection
P11   1certificate shall be dated and signed by the CASp inspector, and
2shall contain the inspector’s name and license number. Upon
3issuance of a certificate, the CASp shall record the issuance of the
4numbered certificate, the name and address of the recipient, and
5the type of report issued pursuant to subdivision (a) in a record
6book the CASp shall maintain for that purpose.

7(2) Beginning March 1, 2009, the State Architect shall make
8available for purchase by any local building department or CASp
9sequentially numbered disability access inspection certificates that
10are printed with a watermark or other feature to deter forgery and
11that comply with the information requirements specified in
12subdivision (a).

13(3) The disability access inspection certificate may be posted
14on the premises of the place of public accommodation, unless,
15following the date of inspection, the inspected site has been
16modified or construction has commenced to modify the inspected
17site in a way that may impact compliance with construction-related
18accessibility standards.

19(f) Nothing in this section or any other law is intended to require
20a property owner or tenant to hire a CASp. A property owner’s or
21tenant’s election not to hire a CASp shall not be admissible to
22prove that person’s lack of intent to comply with the law.

23

SEC. 2.  

Section 4459.5 of the Government Code is amended
24to read:

25

4459.5.  

(a) The State Architect shall establish and publicize
26a program for voluntary certification by the state of any person
27who meets specified criteria as a certified access specialist. No
28later than January 1, 2005, the State Architect shall determine
29minimum criteria a person is required to meet to be a certified
30access specialist, which may include knowledge sufficient to
31review, inspect, or advocate universal design requirements,
32completion of specified training, and testing on standards governing
33access to buildings, including but not limited to housing, for
34persons with disabilities. The minimum criteria shall include
35familiarity with the applicability and content of various
36accessibility requirements, including but not limited to the federal
37requirements described in subdivision (c) of Section 4459 and the
38state standards established in Chapter 11A (commencing with
39Section 1101A) and Chapter 11B (commencing with Section
4011B-101) of Title 24 of the California Code of Regulations.

P12   1(b) The State Architect may implement the program described
2in subdivision (a) with startup funds derived, as a loan, from the
3reserve of the Public School Planning, Design, and Construction
4Review Revolving Fund, upon appropriation by the Legislature.
5That loan shall be repaid when sufficient fees have been collected
6pursuant to Section 4459.8.

7

SEC. 3.  

Section 4467 of the Government Code is amended to
8read:

9

4467.  

(a) On and after January 1, 2017,begin insert through December
1031, 2019,end insert
any applicant for a localbegin delete business license or equivalent
11instrument or permit, and from any applicant for the renewal of a
12business license or equivalent instrument or permit,end delete
begin insert building permitend insert
13 shall pay an additional fee of four dollars ($4) for thatbegin delete license,
14instrument, orend delete
begin insert buildingend insert permit, which shall be collected by the
15city, county, or city and county that begin delete issued the license, instrument,
16 or permit.end delete
begin insert issues the building permit.end insert

17(b) The city, county, or city and county shall retain 90 percent
18of the fees collected under this section, of which up to 5 percent
19of the retained moneys may be used for related administrative costs
20of this chapter. The remaining moneys shall be placed by the city,
21county, or city and county in a special fund established bybegin insert theend insert city,
22county, or city and county, to be known as the “CASp Certification
23and Training Fund.” The fees collected in a CASp Certification
24and Training Fund shall be used for increased certified access
25specialist training and certification in that local jurisdiction and to
26facilitate compliance with construction-related accessibility
27requirements. The highest priority shall be given to the training
28and retention of certified access specialists to meet the needs of
29the public in the jurisdiction as provided in Section 55.53 of the
30Civil Code.

31(c) The remaining 10 percent of all fees collected under this
32section shall be transmitted on a quarterly basis to the Division of
33the State Architect for deposit in the Disability Access and
34Education Revolving Fund established under Sections 4465 and
354470. The funds shall be transmitted within 15 days of the last day
36of the fiscal quarter. The Division of the State Architect shall
37develop and post on its Internet Web site a standard reporting form
38for use by all local jurisdictions. Up to 75 percent of the collected
39funds in the Disability Access and Education Revolving Fund shall
P13   1be used to establish and maintain oversight of the CASp program
2and to moderate the expense of CASp certification and testing.

3(d) Each city, county, or city and county shall make an annual
4report, commencing March 1, 2014, to the Division of the State
5Architect of the total fees collected in the previous calendar year
6and of its distribution, including the moneys spent on administrative
7services, the activities undertaken and moneys spent to increase
8CASp training, certification, and services, the activities undertaken
9and moneys spent to fund programs to facilitate accessibility
10compliance, and the moneys transmitted to the Disability Access
11and Education Revolving Fund.

12

SEC. 4.  

If the Commission on State Mandates determines that
13this act contains costs mandated by the state, reimbursement to
14local agencies and school districts for those costs shall be made
15pursuant to Part 7 (commencing with Section 17500) of Division
164 of Title 2 of the Government Code.



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