In the NPRM, the Department proposed using the start of physical construction as the triggering event for applying the proposed standards to new construction under title III....
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Triggering event
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Commercial Facilities in Private Residences (Preamble, Section-by-Section Analysis)
Because commercial facilities are only subject to new construction and alterations requirements, however, the covered portions would only be subject to subpart D....
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1011.2.1 Size and Location
This section specifies the size and location of the clear ground space at outdoor constructed features....
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Commercial Facilities in Private Residences (Section-By-Section Analysis and Response to Comments)
Because commercial facilities are only subject to new construction and alterations requirements, however, the covered portions would only be subject to subpart D....
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3306.2 Walkways
A walkway shall be provided for pedestrian travel in front of every construction and demolition site unless the applicable governing authority authorizes the sidewalk to be fenced or closed...
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§ 35.151(c)(3)
(3) If physical construction or alterations commence on or after March 15, 2012, then new construction and alterations subject to this section shall comply with the 2010 Standards....
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§ 37.9(c)(1)
(1) New construction or alterations of buildings or facilities on which construction has begun, or all approvals for final design have been received, before November 29, 2006, are not required...
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106.5.66 Structural Impracticability
In new construction, full compliance with the requirements of these standards is not required where an entity can demonstrate that it is structurally impracticable to meet the requirements...
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1. PURPOSE
These standards are to be applied during the design, construction, and alteration of buildings and facilities to the extent required by the Architectural Barriers Act of 1968, as amended...
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§100.305(d)
(d) Newly constructed housing for first occupancy after March 12, 1989 need not comply with the requirements of this section until at least 25 percent of the units are occupied....
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Dimensional Tolerances in Construction and for Surface Accessibility
[See subsections ...]
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Protruding Object
A constructed feature such as a sign that extends into the trail tread more than 4 inches (100 mm) between 27 inches (685 mm) and 80 inches (2030 mm) above the trail tread. ...
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Section 36.303(g)(2) General
the high cost of compliance for such movie theaters....
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A. Statutory and Rulemaking History Up to the 2008 NPRM
The ADA also requires, in pertinent part, newly designed and constructed or altered public accommodations, and commercial facilities to be readily accessible to and usable by individuals...
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9.5.2(1)(b)
(b) Alteration of other areas shall be consistent with the new construction provisions of 9.5.1....
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Adaptive Access
The company has grown to its current position as the leader in accessible products, construction and remodeling....
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§ 36.401(a)(2)
(2) For purposes of this section, a facility is designed and constructed for first occupancy after January 26, 1993, only –...
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Sec.36.401(a)(2)
(2) For purposes of this section, a facility is designed and constructed for first occupancy after January 26, 1993, only --...
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F202.3.2 Extent of Application
An alteration of an existing element, space, or area of a building or facility shall not impose a requirement for accessibility greater than required for new construction....
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Applicable standards
Section 36.406(a) adopts the 2004 ADAAG as part of the 2010 Standards and establishes the compliance date and triggering events for the application of those standards to both new construction...
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F234.4.1 Load and Unload Areas
Where load and unload areas serving existing amusement rides are newly designed and constructed, the load and unload areas shall comply with 1002.3....
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234.4.1 Load and Unload Areas
Where load and unload areas serving existing amusement rides are newly designed and constructed, the load and unload areas shall comply with 1002.3....
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11B-234.4.1 Load and unload areas
Where load and unload areas serving existing amusement rides are newly designed and constructed, the load and unload areas shall comply with Section 11B-1002.3....
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11B-234.4.1 Load and unload areas
Where load and unload areas serving existing amusement rides are newly designed and constructed, the load and unload areas shall comply with Section 11B-1002.3. ...
