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.
-
Rulemaking Process Documents > NPRMS > 28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) (published 2008)
§ 35.152(b)(2)(iii)
(iii) Should not place inmates or detainees with disabilities in facilities that do not offer the same programs as the facilities where they would ordinarily be housed; and...
-
Federal Documents > Regulations > 49 CFR Part 37 - Transportation for Individuals With Disabilities at Intercity, Commuter, and High Speed Passenger Railroad Station Platforms; Miscellaneous Amendments
§ 37.165(b)(2)
(2) The entity is not required to permit wheelchairs to ride in places other than designated securement locations in the vehicle, where such locations exist.
* * * * *...
-
Federal Documents > Regulations > 49 CFR Part 38 - Transportation for Individuals With Disabilities at Intercity, Commuter, and High Speed Passenger Railroad Station Platforms; Miscellaneous Amendments
§ 38.111(b)(1)
Amend paragraph (b)(1) by removing the words “If physically and operationally practicable” and adding in their place the words “Unless structurally or operationally impracticable.”...
-
Federal Documents > Regulations > 49 CFR Part 38 - Transportation for Individuals With Disabilities at Intercity, Commuter, and High Speed Passenger Railroad Station Platforms; Miscellaneous Amendments
§ 38.111(b)(2)
Amend paragraph (b)(2) by removing the words “”not structurally or operationally practicable” and adding, in their place, the words “structurally or operationally impracticable”....
-
Federal Documents > Regulations > 49 CFR Part 38 - Transportation for Individuals With Disabilities at Intercity, Commuter, and High Speed Passenger Railroad Station Platforms; Miscellaneous Amendments
§ 38.91(c)(2)
Amend paragraph (c)(2) by removing the words “not structurally or operationally practicable” and adding, in their place, the words “structurally or operationally impracticable”....
-
Federal Documents > Standards > 1991 ADA Standards for Accessible Design
Mezzanine or Mezzanine Floor
That portion of a story which is an intermediate floor level placed within the story and having occupiable space above and below its floor....
-
Federal Documents > Regulations > 28 CFR Part 35 Nondiscrimination on the Basis of Disability in State and Local Government Services (2010 ADA Title II Regulations with amendments issued through Aug. 2016)
§ 35.152(b)(2)(iii)
(iii) Shall not place inmates or detainees with disabilities in facilities that do not offer the same programs as the facilities where they would otherwise be housed; and...
-
Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.165(b)(2)
(2) The entity is not required to permit wheelchairs to ride in places other than designated securement locations in the vehicle, where such locations exist....
-
Federal Documents > Technical Assistance > Guidance on the 2010 ADA Standards for Accessible Design
Triggering event
., the date on which construction begins), and would apply clearly across all types of covered public accommodations....
-
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)
Triggering event. (Section-by-Section Analysis)
., the date on which construction begins), and would apply clearly across all types of covered public accommodations....
-
State and Local Documents > Codes and Standards > 2022 California Standards
11B-407.2.1.3 Clear floor or ground space
Recessed ashtrays should not be placed near elevator call buttons so that persons who are blind or visually impaired do not inadvertently contact them or their contents as they reach for...
-
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)
Applicable standards. (Section-by-Section Analysis)
Nonetheless, the Department has reviewed the standards and has determined that additional regulatory provisions are necessary to clarify how the Department will apply the 2010 Standards to places...
-
Federal Documents > Technical Assistance > Guidance on the 2010 ADA Standards for Accessible Design
Applicable standards
Nonetheless, the Department has reviewed the standards and has determined that additional regulatory provisions are necessary to clarify how the Department will apply the 2010 Standards to places...
-
Federal Documents > Technical Assistance > Withdrawn Technical Assistance: Common ADA Problems at Newly Constructed Lodging Facilities
Introduction
Introduction
Hotels, motels, inns, and other places of lodging designed and constructed after January 26, 1993, must comply with the Americans with Disabilities Act (ADA)....
-
Webinars, Videos, and Training > Spirit of the ADA
Perkins School for the Blind - Bus Stop Challenge
NOjUsunoVbk
With help from a Google.org grant, Perkins School for the Blind is embarking on a groundbreaking project that will change the way people who are blind or visually impaired access public...
-
Federal Documents > Regulations > 14 CFR Part 382 Nondiscrimination on the Basis of Disability in Air Travel (Air Carrier Access Act) (with amendments issued through July 2003)
§ 382.33 Advance notice requirements
individual with a disability to provide advance notice of his or her intention to travel or of his or her disability as a condition of receiving transportation or of receiving services or accommodations...
-
Federal Documents > Technical Assistance > Federal Aviation Administration Draft Advisory Circular 150/5360-14A, Access to Airports by Individuals with Disabilities
2.1 Overview.
L.101–336, title I, § 102
29 CFR part 1630 http://www.ecfr.gov
Any private or public entity that employs more than 15 people
Title II of the ADA...
-
Federal Documents > Standards > Uniform Federal Accessibility Standards (UFAS)
4.1.2(13)
In facilities with sleeping accommodations, the sleeping accommodations shall have an alarm system complying with 4.28.4....
-
Federal Documents > Regulations > 29 CFR Part 1630, Regulations to Implement the Equal Employment Provisions of the ADA (Title I Regulations with amendments issued through May 2016)
§1630.9(d)
(d) An individual with a disability is not required to accept an accommodation, aid, service, opportunity or benefit which such qualified individual chooses not to accept....
-
Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF DEKALB, ILLINOIS
Conditional Offers
information, the City agrees to document and show either that the reasons for the exclusion are job-related and consistent with business necessity and the job cannot be performed with reasonable accommodation...
-
Federal Documents > Technical Assistance > Title I Technical Assistance Manual
7.10 Leave
An employer may be required to make adjustments in leave policy as a reasonable accommodation....
-
State and Local Documents > Codes and Standards > 2022 California Standards
ACCESSIBLE MEANS OF EGRESS
A continuous and unobstructed way of egress travel from any accessible point in a building or facility to a public way.
[2010 ADA Standards 106.5] Accessible Means of Egress....
-
State and Local Documents > Codes and Standards > Elimination of Architectural Barriers - TDLR Government Code, Chapter 469
Sec. 469.003(c)
(c) The standards adopted under this chapter do not apply to a place used primarily for religious rituals within a building or facility of a religious organization....
-
Rulemaking Process Documents > NPRMS > 28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) (published 2008)
§ 35.152(b)(2)(iv)
(iv) Should not deprive inmates or detainees with disabilities of visitation with family members by placing them in distant facilities where they would not otherwise be housed....