2010 ADA Definition
Place of Public Accommodation: Place of public accommodation means a facility operated by a private entity whose operations affect commerce and fall within at least one of the following categories –
(1) Place of lodging, except for an establishment located within a facility that contains not more than five rooms for rent or hire and that actually is occupied by the proprietor of the establishment as the residence of the proprietor. For purposes of this part, a facility is a "place of lodging" if it is – (i) An inn, hotel, or motel; or
(ii) A facility that – (A) Provides guest rooms for sleeping for stays that primarily are short-term in nature (generally 30 days or less) where the occupant does not have the right to return to a specific room or unit after the conclusion of his or her stay; and
(B) Provides guest rooms under conditions and with amenities similar to a hotel, motel, or inn, including the following – (1) On- or off-site management and reservations service;
(2) Rooms available on a walk-up or call-in basis;
(3) Availability of housekeeping or linen service; and
(4) Acceptance of reservations for a guest room type without guaranteeing a particular unit or room until check-in, and without a prior lease or security deposit.
(2) A restaurant, bar, or other establishment serving food or drink;
(3) A motion picture house, theater, concert hall, stadium, or other place of exhibition or entertainment;
(4) An auditorium, convention center, lecture hall, or other place of public gathering;
(5) A bakery, grocery store, clothing store, hardware store, shopping center, or other sales or rental establishment;
(6) A laundromat, dry-cleaner, bank, barber shop, beauty shop, travel service, shoe repair service, funeral parlor, gas station, office of an accountant or lawyer, pharmacy, insurance office, professional office of a health care provider, hospital, or other service establishment;
(7) A terminal, depot, or other station used for specified public transportation;
(8) A museum, library, gallery, or other place of public display or collection;
(9) A park, zoo, amusement park, or other place of recreation;
(10) A nursery, elementary, secondary, undergraduate, or postgraduate private school, or other place of education;
(11) A day care center, senior citizen center, homeless shelter, food bank, adoption agency, or other social service center establishment; and
(12) A gymnasium, health spa, bowling alley, golf course, or other place of exercise or recreation.
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Research and History > Research Documents > Anthropometry of Wheeled Mobility Project: Final Report
4.2 Applications of Findings in Design and Standards Development
Even dimensions that accommodate our entire sample might not accommodate someone who is larger or smaller than the people we measured....
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State and Local Documents > Codes and Standards > 2022 California Standards
1.1.2 Purpose
The purpose of this code is to establish the minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress facilities, stability...
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Federal Documents > Technical Assistance > Expanding Your Market: Accessible Customer Service Practices for Hotel and Lodging Guests with Disabilities
Maintaining Accessible Features for Customers
Sidewalks blocked by large trash receptacles, lowered reception desk areas filled with decorative vases, routes to public restrooms blocked by supplies, and poorly placed, oversized furniture...
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Federal Documents > Technical Assistance > ADA Update - A Primer for State and Local Governments (Title II Primer)
MAKING THE BUILT ENVIRONMENT ACCESSIBLE
Only elements that are built-in (fixed in place) are addressed in the Standards....
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Federal Documents > Regulations > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (1991 ADA Title III Regulations)
Sec.36.403(b) Primary function
the customer services lobby of a bank, the dining area of a cafeteria, the meeting rooms in a conference center, as well as offices and other work areas in which the activities of the public...
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Federal Documents > Technical Assistance > ADA Requirements - Effective Communication
ADA Requirements - Effective Communication
The Department of Justice published revised final regulations implementing the Americans with Disabilities Act (ADA) for title II (State and local government services) and title III (public...
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Additional Access Publications > ADA Compliance Process by Evan Terry Associates
Alteration
An alteration is a change to a building or facility made by, on behalf of or for the use of a public accommodation or commercial facility, that affects or could affect the usability of the...
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Rulemaking Process Documents > NPRMS > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities NPRM (2008 Title III NPRM)
§ 36.308(c)(1) Seating areas
When designating seating sections of assembly areas providing spectators with, or entitling them to, distinct services or amenities that are not generally available to other spectators, a public...
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Federal Documents > Regulations > 24 CFR Part 100—Supplement to Notice of Fair Housing Accessibility Guidelines: Questions and Answers about the Guidelines
2.1 Q. If a building includes three residential dwelling units and one or more commercial spaces, is the building a covered multifamily dwelling under the Fair Housing Act?
Note, however, that title III of the ADA applies to public accommodations and commercial facilities, therefore an independent determination should be made regarding applicability of the...
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Federal Documents > Regulations > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (2010 ADA Title III Regulations with amendments issued through Dec. 2016)
§ 36.403(b) Primary function.
the customer services lobby of a bank, the dining area of a cafeteria, the meeting rooms in a conference center, as well as offices and other work areas in which the activities of the public...
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Federal Documents > Regulations > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (2010 ADA Title III Regulations with amendments issued through Dec. 2016)
§ 36.304(d)(3)
result of compliance with the alterations requirements specified in paragraph (d)(1) and (d)(2) of this section, the measures required to remove a barrier would not be readily achievable, a public...
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Federal Documents > Technical Assistance > ADA Requirements - Service Animals
ADA Requirements - Service Animals
The Department of Justice published revised final regulations implementing the Americans with Disabilities Act (ADA) for title II (State and local government services) and title III (public...
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Federal Documents > Technical Assistance > Guide to the ADA Standards
Is resurfacing of a lot considered an alteration?
accessible spaces is advisable where sufficient accessible parking is lacking and may be necessary in meeting obligations for program access by government entities and barrier removal by public...
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State and Local Documents > Codes and Standards > 2022 California Standards
11B-703.8.12 Protective covering
Where a protective layer is placed over VMS characters through which the VMS characters must be viewed, the protective covering shall have a non-glare finish....
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
7.6 Training
Training opportunities cannot be denied because of the need to make a reasonable accommodation, unless the accommodation would be an undue hardship....
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State and Local Documents > Codes and Standards > 2012 Florida Accessibility Code
233.3.2 Residential Dwelling Units for Sale
Residential dwelling units designed and constructed or altered by public entities that will be offered for sale to individuals shall comply with the requirements for residential facilities...
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Webinars, Videos, and Training > Demonstrations of ADA Requirements
Southeast ADA Center: Service Animals are Welcome (PSA 4)
This Public Service Announcement is brought to you by the ADA National Network, the leaders in providing information, guidance and training on the Americans with Disabilities Act....
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Links > Independent Living
Independent Living Resource Center, INC. - Santa Barbara, Atascadero, Santa Maria, Ventura, Concord, Antioch, Fairfield, CA
The Independent Living Resource Center is a public-benefit, nonprofit organization that promotes the Independent Living (IL) philosophy and its tenets of full access, equal opportunity,...
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Webinars, Videos, and Training > Product Demonstration or Information
Cybex Total Access - Fitness for All
The strength equipment and cardio line are accessible, adjustable, and easy to use to accommodate people with learning disabilities as well as physical disabilities....
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Federal Documents > Preamble to Regulations > 28 CFR Part 36, Appendix C: Guidance on ADA Regulation on Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (2010 ADA Title III Regulations: 1991 Preamble and Section-by-Section Analysis)
Work Areas (Preamble, Section-by-Section Analysis)
The language of section 303 sweeps broadly in its application to all public accommodations and commercial facilities....
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Federal Documents > Regulations > 34 CFR Part 104 - Nondiscrimination on the Basis of Handicap in Programs or Activities Receiving Federal Financial Assistance (with amendments issued through July 2017)
§104.3(l) Qualified handicapped person
(l) Qualified handicapped person means:
(1) With respect to employment, a handicapped person who, with reasonable accommodation, can perform the essential functions of the job in question...
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Federal Documents > Technical Assistance > ADA Best Practices Tool Kit for State and Local Governments
NOTICE UNDER THE AMERICANS WITH DISABILITIES ACT
NOTICE UNDER THE AMERICANS WITH DISABILITIES ACT
In accordance with the requirements of title II of the Americans with Disabilities Act of 1990 ("ADA"), the [name of public entity] will...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
Risk Cannot be Speculative or Remote
The results of a medical inquiry or examination may not be used to disqualify persons who are currently able to perform the essential functions of a job, either with or without an accommodation...
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Federal Documents > Technical Assistance > ADAAG Manual
TTY Scoping [4.1.3(17)(c)]
Recommendations: From a practical standpoint, it would be considered good design to place additional units at some multi-facility sites or large buildings....