Fundamental principles of statutory construction militate against interpreting the CVAA as repealing the ADA (or sections thereof) by implication....
Search Results "Fundamental Alteration"
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C. The CVAA Does Not Preempt the ADA or Conflict With the ADA’s Application to This Case
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Senate Approval
Although the fundamentals of the bill were never threatened, several divisive issues emerged....
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A. SCOPE OF THE INVESTIGATION
35.151, and the ADA Standards for Accessible Design ("Standards") or the Uniform Federal Accessibility Standards ("UFAS"); to ensure that facilities for which construction or alteration...
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Summary of the project
surface measurement may not be appropriate; d) the effect of different tolerances for different walkway materials is a concern; e) accumulated tolerances must be addressed; f) repair, alterations...
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Examples of Major Life Activities, Other Than the Operations of a Major Bodily Function
in part, 226 F.3d 69 (2d Cir. 2000), then-Judge Sotomayor stated, ‘‘[I]n the modern era, where test taking begins in the first grade, and standardized tests are a regular and often life-altering...
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Section 36.406(e) Housing at a Place of Education
There are other differences between the two sets of standards, including requirements for accessible windows, alterations, kitchens, an accessible route throughout a unit, and clear floor...
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Section 36.406(f) Assembly Areas (Section-by-Section Analysis)
Although this provision on its face applies to new construction and alterations, these commenters were concerned that the rule could be interpreted to apply retroactively because of the...
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Section 35.151(g) Assembly areas (Section-by-Section Analysis)
Although this rule on its face applies to new construction and alterations, these commenters were concerned that the rule could be interpreted to apply retroactively because of the Department's...
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308 Reach Ranges
This exception responds to industry’s concern regarding costs associated with alterations and will permit the existing stock of gas pumps that are currently within 54 inches to be used....
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CASI California Survey Reports Acceptance Criteria - Equivalent Facilitation AC 01-12
There are times, especially in the alterations of existing buildings, when alternatives may deliver equitable outcomes – even when hardships prevent prescriptive code compliance....
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E. IMPLEMENTATION AND ENFORCEMENT
court to be unenforceable, the other terms of this Agreement shall nonetheless remain in full force and effect, provided however, that if the severance of any such provision materially alters...
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Retrofitting Kiosks
PVA urged the Department to require that any existing kiosk that is altered (voluntarily modified or refurbished, including any software modification or upgrade) must be retrofitted to meet...
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Conferences Audio, Conferences, Webinars and Web Courses
Architectural Accessibility Laws Overview of the four major federal laws that require accessibility in new construction or alterations: the ADA, the Architectural Barriers Act, the Fair...
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Additional benefits of water closet clearance standards
Moreover, the alteration costs to make a single-user toilet room with an in-swinging door accessible are substantially higher (because of the space taken up by the door) than the equivalent...
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Fire Rings, Grills, Fireplaces, and Wood Stoves
However, if a condition for exception in an alteration project at an existing site prohibits full compliance with a specific requirement for clear floor or ground space (surface, slope,...
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VI. IMPLEMENTATION AND ENFORCEMENT OF AGREEMENT
unenforceable, the other terms of this Settlement Agreement shall nonetheless remain in full force and effect, provided however, that if the severance of any such provision materially alters...
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ADA Facilities Compliance Risk Assessment Form
ADA Facilities Compliance Risk Assessment Form (For New Construction and Alterations Projects) Project Name: _______________________________________________________________ Project...
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III. ARCHITECTURAL ACCESS
Kaiser will ensure that all new construction and alterations affecting usability of Kaiser facilities comply with federal and state disability access codes, including ADAAG and Title 24....
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Accessibility - Flatness and Lippage
Project specifications should make clear which trade is responsible for the required alterations if the subfloor is found not to be in compliance with the flatness requirements....
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Additional benefits of water closet clearance standards
Moreover, the alteration costs to make a single-user toilet room with an in-swinging door accessible are substantially higher (because of the space taken up by the door) than the equivalent...
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Section 1194.31 Functional Performance Criteria (Preamble, Section-by-Section Analysis)
Paragraph (d) requires that audio information important for the use of a product, must be provided in an enhanced auditory fashion by allowing for an increase in volume and/or altering the...
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Movie Captioning Coverage (Section-by-Section Analysis)
or otherwise treated differently * * * because of the absence of auxiliary aids and services,” unless the public accommodation can demonstrate that taking such steps would result in a fundamental...
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Footnotes
practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability, unless the public entity can demonstrate that making the modifications would fundamentally...
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Appendix A: Pedestrians with Visual Impairments
Color blindness Color blindness, though typically not a low vision condition, affects the ability to discriminate colors, and can alter the conspicuity of visual signals such as detectable...