This provision is applied on an element-by-element basis and is referred to as the “safe harbor.”...
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Element-by-Element Safe Harbor
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Section 1630.14(b) Employment Entrance Examination
This provision recognizes that in many industries, such as air transportation or construction, applicants for certain positions are chosen on the basis of many factors including physical...
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What Testing Accommodations Must Be Provided?
Under regulations implementing this ADA provision, any private entity that offers such examinations must “assure that the examination is selected and administered so as to best ensure that...
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Section 35.151(b)(4)(ii)(C) Path of travel--safe harbor
Section 35.151(b)(4)(ii)(C) Path of travel--safe harbor In Sec. 35.151(b)(4)(ii)(C) of the NPRM, the Department included a provision that stated that public entities that have brought...
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TTYs
According to these commenters, compliance with wheelchair access provisions greatly compromises their usability by the majority of persons with hearing or speech impairments who do not use...
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Toilet Room Doors
The Department believes that this provision achieves necessary flexibility while providing a minimum standard for maneuvering space....
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Section 1193.33 Accessibility and usability
The greatest cost involved with compliance with this provision is in the production of alternate formats....
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Handrail Requirements
The revised provisions prohibit obstructions on the top and sides of handrails, while the bottom may be obstructed up to 20% of the handrail length....
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Background:
Importantly, as described here and supported by the legal analysis below, there is a distinction between these two provisions....
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224.5 Dispersion
Places of lodging subject to this part [of the title III regulation] shall comply with the provisions of the 2010 Standards applicable to transient lodging, including, but not limited to...
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4. Federal Appellate Case Law Addressing Captioning and Audio Description
Rather, the provision of auxiliary aids such as captioning and audio description are the means by which these individuals gain access to the movie theaters’ services and therefore achieve...
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Executive Order 13132: Federalism
Some elements of the proposed rules reflect the Department's work to mitigate federalism implications, particularly the provisions that streamline the administrative process for state and...
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Conclusion
the aids and services that will be most effective in meeting a student’s needs; (v) Monitor implementation of aids and services in order to assess effectiveness and ensure consistent provision...
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Effective date: Triggering event. (Section-by-Section Analysis)
The Department has been persuaded by these comments to propose a triggering event paralleling that for the alterations provisions (i.e., the date on which construction begins). ...
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TABLE 601 FIRE-RESISTANCE RATING REQUIREMENTS FOR BUILDING ELEMENTS (hours)
system in accordance with Section 903.3.1.1 shall be allowed to be substituted for 1-hour fire-resistance-rated construction, pro- vided such system is not otherwise required by other provisions...
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Overview
Department of Education (Department) is providing separate and additional guidance on the legal aspects of the provision of extracurricular athletic opportunities to students with disabilities...
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E. Services in the Cabin
cutting food and feeding the passenger [Sec. 382.39(c)(1)]; assistance within the restroom or at the passenger’s seat with elimination functions [Sec. 382.39(c)(2)]; or provision...
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Comments
Some commenters cited problems that transportation providers' implementation of the common wheelchair provision had caused....
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§35.161 Telecommunication Devices for the Deaf (TDD's) (Section-by-Section Analysis)
Where the provision of telephone service is a major function of the entity, TDD's should be available....
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T402 Ramps and Bridgeplates
The technical requirements for ramps and bridgeplates in the 2016 Non-Rail Vehicle Guidelines include provisions on design load, installation and operation, emergency operation, surfaces...
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T302 Walking Surfaces
The technical requirements for walking surfaces include provisions on slip resistance, the maximum size of surface openings, and the maximum height of vertical surface discontinuities (i.e...
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Water Hydrants
In addition, if drainage grates are provided, ensure that the openings in the grates comply with the outdoor recreation access route provision for openings....
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Trash, Recycling, and Other Essential Containers
Containers in recreation areas where bears and other large animals pose a risk to humans don't have to comply with accessibility provisions for operating controls until accessible bear-proof...
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A. Accessible Voting Program
then the Board shall purchase new equipment or relocate the polling place to an alternative, accessible location in accordance with Paragraph 24 of this Agreement, notwithstanding any provision...