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28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) (published 2008)

Note: This NPRM is part of the Corada Archives, as it was originally published to the Federal Register in 2008. The Department of Justice published final regulations on September 15, 2010, and the revised final rules went into effect on March 15, 2011. On August 11, 2016, a final rule was published that took effect on October 11, 2016, that revised the Title II regulations to implement the requirements of the ADA Amendments Act of 2008.

(5) Exemption for small facilities.  For measures taken to comply with the program accessibility requirements of this section, existing facilities shall comply with the applicable requirements for alterations in § 35.151 of this part, except as follows:

(i) Where an existing play area has less than 1000 square feet, it shall be exempt from the provisions of section 240 of the proposed standards;

(ii) Where an existing swimming pool has less than 300 linear feet of swimming pool wall, it shall be exempt from the provisions of section 242.2 of the proposed standards; and

(iii) Where an existing sauna or steam room was designed and constructed to seat only two people, it shall be exempt from the provisions of § 241 of the proposed standards.

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