- The proposed rule reserved the provisions on alterations to homeless shelters....
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Homeless Shelters (Preamble, Section-by-Section Analysis)
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§ 36.406(a)(2)
(2) New construction and alterations subject to this part shall comply with the proposed standards if physical construction of the property commences on or after [date six months after the...
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Homeless Shelters (Section-By-Section Analysis and Response to Comments)
- The proposed rule reserved the provisions on alterations to homeless shelters....
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M307 Operable Parts (Section-by-Section Analysis)
M307 in the final rule provides the technical criteria for operable parts used by patients to activate, deactivate, or adjust the diagnostic equipment....
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C. 255 Guidelines: Application and Scoping (Section-by-Section Analysis)
Of note, there are two provisions in the existing 255 Guidelines which the Board proposes to not include in the proposed rule: §§ 1193.41(i) and 1193.51(d)....
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35. Must an employer withhold discipline or termination of an employee who, because of a disability, violated a conduct rule that is job-related for the position in question and consistent with business necessity?
An employer never has to excuse a violation of a uniformly applied conduct rule that is job-related and consistent with business necessity....
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Major Provisions
The major provisions of the proposed rule can be summarized as follows. ...
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Accessible Parking Space Width
The proposed rule specified that car and van spaces be at least 8 feet wide and that access aisles be at least 5 feet wide for car spaces and at least 8 feet wide for van spaces....
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Sections 35.108(g) and 36.105(g)—Exclusions
Sections 35.108(g) and 36.105(g)—Exclusions The NPRM did not propose changes to the text of the existing exclusions contained in paragraph (5) of the definition of ‘‘disability’’ in the...
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SUPPLEMENTARY INFORMATION:
This rule makes final a variety of changes to the Department's ADA rules based on a notice of proposed rulemaking (NPRM) issued February 27, 2006 (71 FR 9761) and the over 360 comments to...
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M304.2.2 Standing Supports (Section-by-Section Analysis)
The MDE NPRM proposed requiring standing supports on each side of the standing surface of diagnostic equipment used by patients in the standing position, and compliance with the technical...
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D. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act does not apply to proposed or final rules that enforce constitutional rights of individuals or enforce statutory rights that prohibit discrimination on the...
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Self contained, closed products (Preamble, Section-by-Section Analysis)
This term was not used in the proposed rule and is provided in the final rule as a result of the reorganization of the standards....
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Water Coolers
The proposed rule scoped both drinking fountains and water coolers....
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T602 Wheelchair Spaces
Under the final rule, as with the existing guidelines, one full unobstructed side of each wheelchair space must adjoin or overlap a passenger access route. See T602.3....
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M306.1 General (Section-by-Section Analysis)
the following methods: audible, visible, or tactile (proposed M306.1)....
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Other Definitions
These rules define certain terms, such as “disability,” “auxiliary aids” and “service animals,” differently from the existing definitions in part 37....
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Section 610 Review
complexity of the rule; (4) the extent to which the rule overlaps, duplicates, or conflicts with other Federal rules, and, to the extent feasible, with State and local governmental rules...
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Section 610 Review
complexity of the rule; (4) the extent to which the rule overlaps, duplicates, or conflicts with other Federal rules, and, to the extent feasible, with State and local governmental rules...
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M303.2.4 Equipment Clearances (Section-by-Section Analysis)
The proposed rule provided one additional requirement for breast platforms on mammography equipment, proposing the knee and toe clearance under a breast platform to be 25 inches deep (proposed...
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Ticket distribution methods. (Section-by-Section Analysis)
Section 36.302(f)(1) states the general rule that a public accommodation shall modify its policies, practices, and procedures to ensure that individuals with disabilities can purchase single...
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Ticket distribution methods. (Section-by-Section Analysis)
Section 35.138(a) states the general rule that a public entity shall modify its policies, practices, and procedures to ensure that individuals with disabilities can purchase single or multi-event...
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Grab Bar Height
Commenters pointed out the proposed rule was not clear on whether the height of grab bars was to be measured to the top or to the centerline. Response....
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§ 36.304(d)(2) Safe harbor
Elements in existing facilities that are not altered after [insert effective date of final rule], and that comply with the 1991 Standards, are not required to be modified in order to comply...