(Leslie)-Public Acommodations
Would authorize that a person who hires a "certified access specialist" listed pursuant to Section 4459.7 of the Government Code to review the design and construction of that person's premises shall receive a "Certificate of ADA Compliance" if the certified access specialist deems the premises in compliance with the standards governing access to buildings for persons with disabilities. Requires that a person with disabilities who is aggrieved (or potentially aggrieved) by a violation of Section 54 or 54.1, Chapter 7 (commencing with Section 4450) of Division 5 of Title 1 of the Government Code, or Part 5.5 (commencing with Section 19955) of Division 13 of the Health and Safety Code on premises subject to the certificate where the certificate is clearly visible may bring a civil action against the violation only after notifying the owner of the premises by certified mail of the violation and the owner has had an opportunity to respond to the notice and, if the owner responds to the notice in a timely and appropriate manner, has had an opportunity to address the allegations in the notice. Would allow that the owner has had an opportunity to respond to the notice if the owner is provided with 14 days after receipt of the notice to send, by certified mail, to the person aggrieved a letter of intent to investigate the situation along with a copy of the "Certificate of ADA Compliance". If the owner does not respond in this manner within this time period, civil action can proceed. Would authorize that the owner has had an opportunity to address the allegations in the notice after the owner of the premises is provided with 65 days after receipt of the notice to send, by certified mail, a letter signed by the owner or a representative and the certified access specialist that the violation has been adequately addressed. After this letter is sent or the 65-day period has elapsed, whichever occurs first, the person with disabilities may proceed with the civil action. Would require this act only applies to only those areas within the premises of that were subject to the "Certificate of ADA Compliance"
Status: - Dead
Position: Oppose. Letter sent.