On the other hand, the use of mobility devices that are unsafe to others, or unusually unwieldy or disruptive, is unlikely to be reasonable and may constitute a fundamental alteration....
Search Results "Substantial Alteration"
-
Section 36.311 Mobility Devices (Section-by-Section Analysis)
-
1. Question: What is the minimum width needed for a non-level boarding railroad passenger station platform to meet the accessibility requirements of the Americans with Disabilities Act (ADA)?
Answer: Under 49 CFR Part 37, all new or altered railroad station platforms, including non-level boarding platforms, used for intercity rail passenger service or commuter rail passenger...
-
B. Legal foundation for equipment and furniture coverage
activity so that, when viewed in its entirety, the service, program, or activity is readily accessible to and usable by individuals with disabilities, subject to a defense of fundamental alteration...
-
Element-by-element safe harbor for public accommodations. (Section-by-Section Analysis)
Commenters from the disability community argued that the revised maximum side-reach range (from 54 inches to 48 inches) will result in a substantial increase in accessibility for many persons...
-
Using the Conditions for an Exception in FSORAG
Using the definitions in Forest Service Outdoor Recreation Accessibility Guidelines (FSORAG), the project is an alteration....
-
Section 1193.35 Redundancy and Selectability [1193.33 in the NPRM] (Section-by-Section Analysis)
objected to this provision on the basis that it added unnecessary and potentially unwanted functions to a product which could affect its marketability and even result in a "fundamental alteration...
-
382.13 Do carriers have to modify policies, practices, and facilities to ensure nondiscrimination?
The provision focuses on the carrier doing what it needs to do – short of incurring an undue burden or making a fundamental alteration in its services – to make sure that a passenger with...
-
Air Carrier Access Act
Requirements address a wide range of issues including boarding assistance and certain accessibility features in newly built aircraft and new or altered airport facilities....
-
‘‘Facility.’’
requirement for program accessibility in § 35.150, and would be included in the definition of ‘‘facility’’ as other real or personal property,’’ although standards for new construction and alterations...
-
R201 Application (Section-by-Section Analysis)
R201 Application (Section-by-Section Analysis) The proposed guidelines apply to newly constructed facilities, altered portions of existing facilities, and elements added to existing facilities...
-
ABA Enforcement
find that we do not have jurisdiction because the building predates even the architectural barriers act, and the element that the person has complained about has not been, in any way, altered...
-
Facility (Section-by-Section Analysis)
requirement for program accessibility in §35.150, and would be included in the definition of "facility" as "other real or personal property," although standards for new construction and alterations...
-
Applicable Standards Under the Department of Education's Section 504 Regulation
only standard specifically incorporated by reference in Education's Section 504 regulations at this time is UFAS, we have received questions both about whether, for new construction and alterations...
-
Accessible Transient Lodging [9]
Housing constructed or altered by or on behalf of state or local governments is required to be accessible under the ADA (title II)....
-
A. Administrative Corrections
Second, also in appendix A to part 1194, there is a mistaken cross-reference in E202.6, Undue Burden or Fundamental Alteration. ...
-
5) Areas of rescue assistance or places of refuge
Areas of rescue assistance are not required in buildings with supervised automatic sprinkler systems, nor are they required in alterations (§4.1.3(9))....
-
11B-213.3.2 Water closets
see 11B-202.4, Exception 2), existing facilities having toilet rooms that do not comply with the increased scoping will be compelled by this obligation to upgrade these toilet rooms if alterations...
-
11B-213.3.4 Lavatories
see 11B-202.4, Exception 2), existing facilities having toilet rooms that do not comply with the increased scoping will be compelled by this obligation to upgrade these toilet rooms if alterations...
-
11B-213.3.3 Urinals
see 11B-202.4, Exception 2), existing facilities having toilet rooms that do not comply with the increased scoping will be compelled by this obligation to upgrade these toilet rooms if alterations...
-
232.2 General Holding Cells and General Housing Cells
EXCEPTION: Alterations to cells shall not be required to comply except to the extent determined by the Department in accordance with the variance procedures contained in Chapter 68, Texas...
-
Section 36.304 Removal of Barriers (Preamble, Section-by-Section Analysis)
This approach represents a change from the proposed rule which stated that ‘‘readily achievable’’ measures taken solely to remove barriers under § 36.304 are exempt from the alterations...
-
Section 36.307 Accessible or Special Goods (Preamble, Section-by-Section Analysis)
Section 36.307 establishes that the rule does not require a public accommodation to alter its inventory to include accessible or special goods with accessibility features that are designed...
-
Section 36.102 Application (Preamble, Section-by-Section Analysis)
Similarly, § 36.102(b)(3) provides that the new construction and alterations requirements of subpart D obligate a public accommodation only with respect to facilities used as, or designed...
-
4. Example: Installing Curb Ramps for Program Accessibility
Consider a case where the streets and sidewalks in a small town were built pre-ADA and have not been altered since. Some intersections have curb ramps; most do not....