City and county offices (local jurisdictions) collect a fee from applicants. The Senate Bill (SB) 1186 fee is applied to the sale of business licenses and renewals. If no business license or equivalent instrument is issued, the fee is applied to building permits. The local jurisdictions retain the majority of the funds for use within their jurisdiction and share a portion with DSA for program oversight.

The purpose of the fee is to increase disability access and compliance with construction-related accessibility requirements at businesses and facilities that are open to the public. The fee assists local jurisdictions with hiring and retaining a Certified Access Specialist (CASp), and provides both the local jurisdiction and DSA with funds for activities that promote compliance with construction-related accessibility standards.

Local jurisdictions are required to send DSA their share of the revenue collected within 15 days of the end of each fiscal quarter. Please include the form, separated by fee amount, with payment:

Local jurisdictions are required (Government Code Section 4467) to submit an annual report to DSA by March 1 for the prior calendar year’s activity. The information that must be included in the report includes:

  • Funds collected.
  • Funds transmitted to DSA.
  • Funds spent on administrative services (maximum of five percent of fees retained).
  • The activities undertaken and funds spent to increase CASp services.
  • The activities undertaken and funds spent on programs to facilitate compliance with construction-related accessibility requirements.

In order to help local jurisdictions meet their annual reporting requirement, DSA has forms available, one for each fee amount:

Local jurisdictions are required to use the funds to increase certified access specialist (CASp) services and compliance with construction-related accessibility requirements:

  1. Training and Retention of CASps
    The first priority is to spend the funds on the training and retention of CASps in order to meet the needs of the public in the jurisdiction.
  2. Activities or Programs That Facilitate Accessibility Compliance
    Remaining funds are to be spent on activities or programs that facilitate accessibility compliance.


Activities to Increase CASp Services and Facilitate Access

Below is a list of reported activities that local jurisdictions funded with their portion of fees collected.

  • Staff attended Americans with Disabilities Act (ADA) compliance training.
  • When requested, the city’s CASp inspector conducts site visits at no cost to the business/property owner and conducts a cursory review of the premises to determine what concerns the location may have regarding ADA accessibility. Barstow
  • The city’s CASp will meet with any commercial or business owner, tenant or prospective tenant to discuss accessibility questions for all commercial sites within the city, at no charge. When a building permit application is received for tenant improvement work on an existing building, the city will conduct a pre-inspection of the parking lot to review access from the city sidewalk to the entry door. Dublin
  • We are developing an ADA compliance website with resources for businesses owners. Fresno
  • Training for staff to take the CASp certification exam and fees to renew CASp certification and fees to register and take the CASp certification exam. Glendale
  • All new building plans are reviewed by a CASp certified reviewer for compliance. Imperial Beach
  • The city works with the local Chamber of Commerce promoting ADA workshops for the general public, provide access training, technical assistance and guidance for plan checkers, inspection staff, design professionals, and contractors. Palo Alto
  • The city entered into a service contract with CASp-certified professional planners and building inspectors to alleviate workload backlog. Building inspectors and technicians participate in CASp training sessions. Saratoga
  • We host meetings with members of the building community to try to demystify accessibility standards and the work of a CASp. Stanislaus County
  • The city hosts a seminar and provides free accessibility consultations for all citizens. The city investigates all access allegations at all commercial and multifamily properties. Vacaville
  • Attendance and participation at DSA Academy and other CASp trainings to increase understanding of Federal and State interface of accessibility laws to increase services to customers.

DSA does not advise the use of funds from the SB 1186 fee by local jurisdictions to directly fund construction projects, nor accessibility work that is not construction-related, as these activities are not clearly permissible in law (see Government Code Section 4467). DSA recommends that local jurisdictions consult their legal counsel for guidance.

 

Additional InformAtion

Outreach Materials

DSA created marketing materials for use in educating the public on the CASp program and the benefits it provides for business owners. These documents may be posted to your website or downloaded and posted on bulletin boards, handed out at the customer service counters, or used as an insert in mailers.

If you are interested in having a DSA staff member provide a presentation on the CASp program to business owners, please contact us.

AB 3002: Notice to Applicants for Business Licenses and Building Permits

The informational notices for distribution by local jurisdictions are available on the AB 3002 Business License, Building Permit Model Notice webpage.

Additional Resources for Accessibility Information

Background

Senate Bill 1186 (Chapter 383, Statutes of 2012) created Government Code Section 4467. This statute was recently amended by Assembly Bill 1379 (Chapter 667, Statutes 2017). Among other things, this statute requires:

  • January 1, 2013 through December 31, 2017, a one-dollar ($1) additional fee to be paid by any applicant for a local business license, permit or similar instrument when it is issued or renewed. The fee is divided between the local entity that collected the funds, which retains 70 percent, and DSA, which receives 30 percent.
  • January 1, 2018 through December 31, 2023, a four-dollar ($4) additional fee is to be paid by any applicant for a local business license, permit or similar instrument when it is issued or renewed. If no such instrument exists, the fee is to be paid by an applicant for a building permit. The fee is divided between the local entity that collected the funds, which retains 90 percent, and DSA, which receives 10 percent.
  • On and after January 1, 2024, the fees and requirements remain in effect but the amount will reduce to one-dollar ($1). The city, county, or city and county will retain 70 percent of the fees collected and submit 30 percent to DSA.

Contact the CASp Program

Headquarters Office

Division of the State Architect

1102 Q Street, Suite 5100
Sacramento, CA 95811

 

(916) 324-7180

casprogram@dgs.ca.gov