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Category: ada access legislation.   Publish Date: December 13, 2016.

In May of 2016, Senate Bill 269 was established, allowing a grace period from liability for statutory damages. This urgency measure became effective immediately for businesses with 50 or fewer employees. SB 269 gives a business owner 120 days from the date of the CASp inspection, to correct all violations listed in the report. For businesses with 50 or fewer employees, the business owner now has another option for reduced liability for minimum statutory damages. This is in addition to an option that existed under a previously enacted statute.

In SB 1186, the pre-existing option is valid for businesses of all sizes. If a claim is filed and the violation is corrected within 60 days of the inspection, the business owner is offered a reduction in liability ($1000 per occasion) for minimum statutory damages. In order to be eligible for the reduction in liability, the owner must be in the process of correcting the violations listed in the CASp report. Under this initial option, the CASp must provide a report with a reasonable schedule for corrections of violations.

With Senate Bill 269, the business owner is offered a grace period from liability of statutory damages, if they achieve compliance within 120 days of the CASp inspection. This statute also provides an extension to 180 days, if the owner is in the active permit process.  If the owner does not correct the violations within the 120-day period, the owner is not eligible to have the CASp provide another inspection report and achieve another 120-day grace period.

In SB 269, the CASp must post a notice of access inspection, on the day of the inspection, in a location within five feet of all public entrances to buildings inspected. The notice must be in place for 120 days, or until violations are corrected. The CASp must submit a copy of this notice to the Division of the State Architect (DSA) within 10 days of the inspection. If the business meets the criteria described above, the CASp must provide the written CASp inspection report to the business or property owner within 30 days of the inspection.

For more information, the full text of Senate Bill 269 is available here.

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