First, achievement of innovation under equivalent facilitation is difficult....
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Conclusions and Recommendations
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H. Repairing and Rebuilding
Under UFAS, if an existing facility undergoes a “substantial alteration,” the public entity must provide (1) an accessible route from public transportation, parking, streets, and sidewalks...
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7. Q: What about applicants with a history of illegal drug use? Do they have rights under the ADA?
In order for an individual's drug addiction to be considered a disability under the ADA, it would have to pose a substantial limitation on one or more major life activities....
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Sections 1630.2(j)(5) and (6) Examples of Mitigating Measures; Ordinary Eyeglasses or Contact Lenses
Sections 1630.2(j)(5) and (6) Examples of Mitigating Measures; Ordinary Eyeglasses or Contact Lenses These provisions of the regulations provide numerous examples of mitigating...
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Effect on the certification process of using more than one regulatory scheme at the state or local level to establish accessibility requirements for title III facilities with new design requirements in the proposed standards. (Section-by-Section Analysis)
The proposed standards will include requirements for elements and spaces that are not addressed specifically in the 1991 Standards, including elements within recreational facilities...
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§ 37.7 Standards for accessible vehicles
[56 FR 45621, Sept. 6, 1991, as amended at 58 FR 63101, Nov. 30, 1993; 61 FR 25416, May 21, 1996]
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§ 37.7(b)
(b)
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§8.31 Historic properties.
Accessibility to historic properties subject to alterations need not be provided if such accessibility would substantially impair the significant historic features of the property or result...
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IV. Summary of the ADA Amendments Act of 2008
Fourth, although the amended statute retains the term ‘‘substantially limits’’ from the original ADA definition, Congress set forth rules of construction applicable to the meaning of substantially...
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1630.2(g)(1)
(1) a physical or mental impairment that substantially limits one or more of the major life activities of such individual;...
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Sections 35.108(d)(1)(iv) and 36.105(d)(1)(iv)—Impairments That Are Episodic or in Remission
(iv) and 36.105(d)(1)(iv)—Impairments That Are Episodic or in Remission The ADA as amended provides that ‘‘an impairment that is episodic or in remission is a disability if it would substantially...
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Exception 8
Compliance shall be provided by equivalent facilitation or to the greatest extent possible without creating an unreasonable hardship; but in no case shall the cost of compliance be less...
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Alterations—28 CFR 35.151
Therefore, multifamily housing projects must continue to utilize the terms ‘‘substantial alterations’’ and ‘‘other alterations’’ as defined in HUD’s Section 504 regulation to determine accessibility...
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Employment Today - Chapter 2 - ADA FEHA Requirements
Employment Today - Chapter 2 - ADA FEHA Requirements (by the California Department of Rehabilitation)
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§ 36.603 Preliminary determination
certification of a code, and after consultation with the Architectural and Transportation Barriers Compliance Board, the Assistant Attorney General shall make a preliminary determination of equivalency...
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a. Disability Defined
Disability Defined The ADA defines disability as a mental or physical impairment that substantially limits one or more major life activities.5 ADA protection extends not only to individuals...
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4.1.6(3)(d)
(d) In making the determination as to what constitutes "substantial alteration," the agency issuing standards for the facility shall consider the total cost of all alterations (including...
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Definition of Disability
Part 1 covers people who currently have a physical or mental impairment that substantially limits one or more major life activities....
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7.2(2)(iii)
(iii) equivalent facilitation shall be provided (e.g., at a hotel registration counter, equivalent facilitation might consist of: (1) provision of a folding shelf attached to the main counter...
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382.3 What do the terms in this rule mean?
There are new definitions of “direct threat,” which concerns the standard that may permit carriers to take otherwise prohibited actions with respect to passengers with a disability, and “equivalent...
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If a more recent edition of ANSI/BHMA Standards for automated doors is issued should that be followed instead of those referenced?
Compliance with a later edition may be possible under the provision for “equivalent facilitation” (§103) if it is comparable to, or stricter than, the referenced editions....
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3. Q: Who does the ADA protect?
An individual is considered to have a "disability" if he or she has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment...
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Sec.36.601 Definitions
Certification of equivalency means a final certification that a code meets or exceeds the minimum requirements of title III of the Act for accessibility and usability of facilities covered...
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Sections 35.108(e) and 36.105(e)—Has a Record of Such an Impairment
This prong of the definition is satisfied where evidence establishes that an individual has had a substantially limiting impairment....
