The provisions follow closely those adopted by the DOJ, in its regulations implementing title III of the ADA....
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Section 37.43 Alteration of Transportation Facilities by Public Entities
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Section 37.5 Nondiscrimination
This provision does not mean, however, that a transportation provider cannot charge nondiscriminatory fees to passengers with disabilities....
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Section 37.11 Administrative Enforcement
While requirements of the ADA and this regulation would preempt conflicting state or local provisions (e.g., a building code or zoning ordinance that prevents compliance with appendix A...
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ASME
The provisions for escalators require that at least two flat steps be provided at the entrance and exit of every escalator and that steps on escalators be demarcated by yellow lines 2 inches...
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M305.2.1 Location (Section-by-Section Analysis)
The Access Board sought public comment with question 19, which asked for input on multiple proposed changes to the transfer support provision, including whether the proposed location of...
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List of Subjects for 28 CFR Part 36
For the purposes of this paragraph— (i) Audio description means provision of a spoken narration of key visual elements of a visually delivered medium, including, but not limited to,...
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Swimming pools, wading pools, saunas, and steam rooms. (Section-by-Section Analysis)
Most commenters strongly opposed this provision, arguing that aquatic activity is a safe and beneficial form of exercise that is particularly appropriate for individuals with disabilities...
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II. Reservations, Understandings, and Declarations
A number of treaty provisions cover matters that are the province of State law....
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Additional Information
The Department has evaluated its existing regulations for title II and title III section by section, and many of the provisions in the final rule for both titles reflect its efforts to mitigate...
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Section 36.303 Auxiliary Aids and Services (Preamble, Section-by-Section Analysis)
Other forms of assistance are more appropriately addressed by other provisions of the final rule. The auxiliary aid requirement is a flexible one....
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11B-224.7.2 Accessible dwelling units with adaptable features
Housing at a place of education that is subject to this part shall comply with the provisions of the 2010 Standards applicable to transient lodging, including, but not limited to, the requirements...
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11B-202.3 Alterations
When the damage caused by a fire is minor and can be corrected by cleaning, re-painting or re-wallpapering, accessibility provisions based on alterations are not triggered....
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Element-by-element safe harbor for public accommodations. (Section-by-Section Analysis)
Title III's architectural barrier provisions place the most significant requirements of accessibility on new construction and alterations....
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Section 36.303(g)(8) Notice
Other commenters pointed to industry realities in order to highlight their concerns with the proposed provision....
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Compliance date
When the ADA was enacted, the compliance dates for various provisions were delayed in order to provide time for covered entities to become familiar with their new obligations....
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Section 1193.33 Information, documentation and training [1193.25 in the NPRM] (Section-by-Section Analysis)
The American Council of the Blind (ACB) commented that the provision as proposed was unclear if alternate formats must be available at no additional charge....
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§35.150 Existing Facilities
It is the Department’s view that compliance with § 35.150(a), like compliance with the corresponding provisions of the section 504 regulations for federally conducted programs, would in...
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A. Statutory and Rulemaking History Up to the 2008 NPRM
Section 306(b) of title III directs the Attorney General to promulgate regulations to carry out the provisions of title III, other than certain provisions dealing specifically with transportation...
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ENFORCEMENT
Failure by the United States to enforce this entire Agreement or any provision thereof with regard to any deadline or any other provision herein shall not be construed as a waiver of the...
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Compliance date. (Section-by-Section Analysis)
When the ADA was enacted, the compliance dates for various provisions were delayed in order to provide time for covered entities to become familiar with their new obligations....
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Section 36.304 Removal of Barriers (Section-by-Section Analysis)
After consideration of all relevant information presented on the issue, it is the Department's view that this element-by-element safe harbor provision should be retained in the final rule...
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2. Treatment of WCAG 2.0
Standards, § 1194.22—which addresses “Web-based Intranet and Internet Information and Applications”—has two endnotes, the first of which notes the Board’s view that eleven out of our sixteen provisions...
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I. Introduction to the Study
significantly, the inclusive play between children with disabilities and children without disabilities is threatened when the physical playground environment is not accessible through the provision...
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Section 35.160 Communications. (Section-by-Section Analysis)
This provision was inadvertently omitted from the NPRM, and the Department agrees with the many commenters on this issue that this provision should be retained....