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 2020,end delete 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 new construction or renovations, 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 fee to $4 from January 1, 2017, through December 31, 2019. 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,
begin delete byend delete increasing the begin delete fee and by extending the fee indefinitely,end delete 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: 2⁄3. Appropriation: yes. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 55.53 of the Civil Code is amended to
(a) For purposes of this part, a certified access specialist
4(CASp) shall, upon completion of the inspection of a site, comply
5with the following:
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
14(i) A statement that, in the opinion of the CASp, the inspected
15structures and areas of the site meet construction-related
P4 1accessibility standards. The statement shall clearly indicate whether
2the determination of the CASp includes an assessment of readily
3achievable barrier removal.
4(ii) If corrections were made as a result of the CASp inspection,
5an itemized list of all corrections and dates of completion.
6(2) For a site that has been inspected by a CASp, if the CASp
7determines that corrections are needed to the site in order for the
8site to meet all applicable construction-related accessibility
9standards, the CASp shall provide a signed and dated written
10inspection report to the requesting party that includes all of the
12(A) An identification and description of the inspected structures
13and areas of the site.
14(B) The date of the inspection.
15(C) A statement that, in the opinion of the CASp, the inspected
16structures and areas of the site need correction to meet
17construction-related accessibility standards. This statement shall
18clearly indicate whether the determination of the CASp includes
19an assessment of readily achievable barrier removal.
20(D) An identification and description of the structures or areas
21of the site that need correction and the correction needed.
22(E) A schedule of completion for each
of the corrections within
23a reasonable timeframe.
24(3) The CASp shall provide, within 30 days of the date of the
25inspection of a business that qualifies for the provisions of
26subparagraph (A) of paragraph (3) of subdivision (g) of Section
2755.56, a copy of a report prepared pursuant to that subparagraph
28to the business.
29(4) The CASp shall file, within 10 days of inspecting a business
30pursuant to subparagraph (A) of paragraph (3) of subdivision (g)
31of Section 55.56, a notice with the State Architect for listing on
32the State Architect’s Internet Web site, as provided by subdivision
33(d) of Section 4459.7 of the Government Code, indicating that the
34CASp has inspected the business, the name and address of the
35business, the date of the filing, the date of the inspection of the
36business, the name and license number of the CASp, and a
37description of the structure or area inspected by the CASp.
38(5) The CASp shall post the notice described in paragraph (4),
39in a form prescribed by the State Architect, in a conspicuous
40location within five feet of all public entrances to the building on
P5 1the date of the inspection and instruct the business to keep it in
2place until the earlier of either of the following:
3(A) One hundred twenty days after the date of the inspection.
4(B) The date when all of the construction-related violations in
5the structure or area inspected by the CASp are corrected.
6(b) For purposes of this section, in determining whether the site
7meets applicable construction-related accessibility standards when
8there is a conflict or difference between a state and federal
9provision, standard, or regulation, the state provision, standard, or
10regulation shall apply unless the federal provision, standard, or
11regulation is more protective of accessibility rights.
12(c) Every CASp who conducts an inspection of a place of public
13accommodation shall, upon completing the inspection of the site,
14provide the building owner or tenant who requested the inspection
15with the following notice, which the State Architect shall make
16available as a form on the State Architect’s Internet Web site:
18NOTICE TO PRIVATE PROPERTY OWNER/TENANT:
20YOU ARE ADVISED TO KEEP IN YOUR RECORDS ANY
21WRITTEN INSPECTION REPORT AND ANY OTHER
22DOCUMENTATION CONCERNING YOUR PROPERTY SITE
23THAT IS GIVEN TO YOU BY A CERTIFIED ACCESS
25IF YOU BECOME A DEFENDANT IN A LAWSUIT THAT
26INCLUDES A CLAIM CONCERNING A SITE INSPECTED
27BY A CERTIFIED ACCESS SPECIALIST, YOU MAY BE
28ENTITLED TO A COURT STAY (AN ORDER TEMPORARILY
29STOPPING ANY LAWSUIT) OF THE CLAIM AND AN EARLY
31IN ORDER TO REQUEST THE STAY AND EARLY
32EVALUATION CONFERENCE, YOU WILL NEED TO VERIFY
33THAT A CERTIFIED ACCESS SPECIALIST HAS INSPECTED
34THE SITE THAT IS THE SUBJECT OF THE CLAIM. YOU
35WILL ALSO BE REQUIRED TO PROVIDE THE COURT AND
36THE PLAINTIFF WITH THE COPY OF A WRITTEN
37INSPECTION REPORT BY THE CERTIFIED ACCESS
38SPECIALIST, AS SET FORTH IN CIVIL CODE SECTION
3955.54. THE APPLICATION FORM AND INFORMATION ON
40HOW TO REQUEST A STAY AND EARLY EVALUATION
P6 1CONFERENCE MAY BE OBTAINED AT
3YOU ARE ENTITLED TO REQUEST, FROM A CERTIFIED
4ACCESS SPECIALIST WHO HAS CONDUCTED AN
5 INSPECTION OF YOUR PROPERTY, A WRITTEN
6INSPECTION REPORT AND OTHER DOCUMENTATION AS
7SET FORTH IN CIVIL CODE SECTION 55.53. YOU ARE ALSO
8ENTITLED TO REQUEST THE ISSUANCE OF A DISABILITY
9ACCESS INSPECTION CERTIFICATE, WHICH YOU MAY
10POST ON YOUR PROPERTY.
12(d) (1) Commencing July 1, 2010, a local agency shall employ
13or retain at least one building inspector who is a certified access
14specialist. The certified access specialist shall provide consultation
15to the local agency, permit applicants, and members of the public
16on compliance with state construction-related accessibility
17standards with respect to inspections of a place of public
18accommodation that relate to permitting, plan checks, or new
19construction, including, but not limited to, inspections relating to
20tenant improvements that may impact access. If a local agency
21employs or retains two or more certified access specialists to
22 comply with this subdivision, at least one-half of the certified
23access specialists shall be building inspectors who are certified
25(2) Commencing January 1,
begin delete 2020,end delete all building
26inspectors employed or retained by a local agency who conduct
27permitting and plan check services to review for compliance with
28state construction-related accessibility standards by a place of
29public accommodation with respect to new construction or
30renovation, including, but not limited to, projects relating to tenant
31improvements that may impact access, shall be certified access
39(3) If a permit applicant or member of the public requests
40consultation from a certified access specialist, the local agency
P7 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
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
P8 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.
Section 4459.5 of the Government Code is amended
(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 meet to be a certified
12access specialist, which may include knowledge sufficient to
13review, inspect, or advocate universal design requirements,
14completion of specified training, and testing on standards governing
15access to buildings, including but not limited to housing, for
16persons with disabilities. 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 Section
2211B-101) of Title 24 of the California Code of Regulations.
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.
Section 4467 of the Government Code is amended to
(a) On and after January 1, 2017, through December
231, 2019, any applicant for a local
begin delete building permitend delete
5 shall pay an additional fee of four dollars ($4) for that
7the city, county, or city and county that issues the
begin delete building permit.end delete
15(b) The city, county, or city and county shall retain 90 percent
16of the fees collected under this section, of which up to 5 percent
17of the retained moneys may be used for related administrative costs
18of this chapter. The remaining moneys shall be placed by the city,
19county, or city and county in a special fund established by the city,
20county, or city and county, to be known as the “CASp Certification
21and Training Fund.” The fees collected in a CASp Certification
22and Training Fund shall be used for increased certified access
23specialist training and certification in that local jurisdiction and to
24facilitate compliance with construction-related accessibility
25requirements. The highest priority shall be given to the training
26and retention of certified access specialists to meet the needs of
27the public in the jurisdiction as provided in Section 55.53 of the
29(c) The remaining 10 percent of all fees collected under this
30section shall be transmitted on a quarterly basis to the Division of
31the State Architect for deposit in the Disability Access and
32Education Revolving Fund established under Sections 4465 and
334470. The funds shall be transmitted within 15 days of the last day
34of the fiscal quarter. The Division of the State Architect shall
35develop and post on its Internet Web site a standard reporting form
36for use by all local jurisdictions. Up to 75 percent of the collected
37funds in the Disability Access and Education Revolving Fund shall
38be used to establish and maintain oversight of the CASp program
39and to moderate the expense of CASp certification and testing.
P10 1(d) Each city, county, or city and county shall make an annual
2report, commencing March 1, 2014, to the Division of the State
3Architect of the total fees collected in the previous calendar year
4and of its distribution, including the moneys spent on administrative
5services, the activities undertaken and moneys spent to increase
6CASp training, certification, and services, the activities undertaken
7and moneys spent to fund programs to facilitate accessibility
8compliance, and the moneys transmitted to the Disability Access
9and Education Revolving Fund.
If the Commission on State Mandates determines that
11this act contains costs mandated by the state, reimbursement to
12local agencies and school districts for those costs shall be made
13pursuant to Part 7 (commencing with Section 17500) of Division
144 of Title 2 of the Government Code.