How protected is your property? And by that we mean how sure are you that the architectural design of your building complies with state and federal laws regarding accessibility standards? If it doesn’t pass the standards you are putting your business at risk of a lawsuit for violating ADA (American Disabilities Act) guidelines and ADA architectural designs. As business owners you need to include this in your priority list. If you are not familiar with ADA guidelines then you need to engage a Certified Access Specialist (CASp) to assess your property and check if it complies with the laws to protect you against possible accessibility claims.
Although it’s not mandatory that you invest in a Certified Access Specialist it’s still a wise move because it shows that you have an invested interest in the welfare of your customers and you want everyone to have equal access to your facility. It also means you adhere to the law. One of the many benefits of investing in a CASp is that he or she knows what accessibility standards will apply to your property. They base this on previous improvements done to the property as well as the age of the building.
Although an engineer and an architect can give you an access compliance assessment, they cannot provide “qualified defendant” status against accessibility lawsuits that a CASp can give. Therefore, if you choose to hire a CASp you are reducing your liability and protecting yourself against accessibility claims. Let’s find out more about CASp and why you need CASp certified architectural designs.
What Does A CASp Do?
Certified Access Specialist or CASp is someone who has successfully passed an exam that assesses a person’s knowledge on construction-related accessibility standards. A CASp can protect you against potential accessibility lawsuits by ensuring that your property follows ADA’s guidelines.
What Are the Benefits of Qualified Defendant Status?
You can maintain CASp services at any given time but you will only acquire “qualified defendant” status if you were able to obtain an inspection of your property, completed a report made by a CASp and have set a compliance schedule prior to a filed construction-related accessibility claim. The benefits of a qualified defendant status include lessened statutory damages and ninety days stay of court proceeding and an early evaluation conference. Furthermore, availing of a CASp service shows that you are willing to respect the rules.
What Is ADA and How Do I Integrate It to My Business?
The ADA, which stands for The Americans with Disabilities Act, is a law that forbids the discrimination of people with disabilities. It demands that all commercial properties and other facilities that are open to the public be accessible to people with disabilities. Dating back to January 26, 1992, the ADA requires that all constructed buildings and renovations must adhere to the standards set by the ADA.
All buildings that were renovated or constructed before January 26, 1992 and are open to the public are obliged to eradicate barriers that hinder people with disabilities from entering a facility with ease and convenience. CASp can help with these changes to ensure that your facility caters to the public.
All commercial buildings that were renovated or constructed on or later than March 15, 2012 and places of public accommodation must be constructed in accordance to the standards of the 2010 Americans with Disabilities Act.
Furthermore, it is required that in every facility an accessible feature must be maintained. If you don’t comply with the rules you are putting yourself at risk of getting filed with a discrimination claim. If a person with disability could not enter your facility because it lacks accessibility features, that person can file a case against you as a result of physical access barriers.
