SB 209 - Makes Disability Access Inspection Reports Confidential

Feldsott & Lee
A Law Corporation

Senate Bill 209 (hereinafter “SB 209”) clarifies the confidentiality of disability access inspection reports filed with the court. SB 209 allows a defendant who is sued for failing to provide construction-related access for the disabled to obtain a report from a Certified Access Specialist for purposes of attempting early resolution of the case, and to keep the report confidential. SB 209 specifies that the report is available only to the court, the parties to the action, the parties’ attorneys, and insurance representatives or others involved in the evaluation and settlement of the case, unless the court otherwise allows upon a showing of good cause.