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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Rulemaking Process Documents > NPRMS > 36 CFR Part 1190, Proposed Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way: Notice of Proposed Rulemaking (NPRM)
Qualified Historic Facility
A facility that is listed in or eligible for listing in the National Register of Historic Places, or designated as historic under an appropriate state or local law....
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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)
§1630.16(d) Regulation of smoking
A covered entity may prohibit or impose restrictions on smoking in places of employment. Such restrictions do not violate any provision of this part....
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Additional Access Publications > ADA Compliance Process by Evan Terry Associates
ADA Facilities Compliance Strategies for Private Entities
ADOPT - Develop a detailed policy on accessibility for your facilities, communications, programs, services, policies, procedures, legal agreements and accommodations....
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State and Local Documents > Codes and Standards > 2013 California Standards for Accessible Design Pocket Guide
11B-707.4 Privacy
[From Part 36 Nondiscrimination on the Basis of Disability in Public Accommodations and Commercial Facilities (as amended by the final rule published on September 15, 2010)]....
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Additional Access Publications > ADA Compliance Process by Evan Terry Associates
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 > Air Carrier Access Act Technical Assistance Manual (2005)
Responsibilities of Employees other than the CRO
Responsibilities of Employees other than the CRO
You should be aware that all personnel dealing with the traveling public should be trained to proficiency regarding the legal requirements...
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Federal Documents > Preamble to Regulations > 28 CFR Part 36, Appendix B: Preamble to Regulation on Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (1991 ADA Title III Regulations Preamble)
Section 36.401 New Construction (Section-By-Section Analysis and Response to Comments)
The proposed rule stated that "any public accommodation or other private entity responsible for design and construction'' must ensure that facilities conform to this requirement....
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State and Local Documents > Codes and Standards > 2016 California Standards for Accessible Design Pocket Guide - Eff. Jan. 1, 2017
Background
Generally speaking, the 2010 ADAS counterpart to a CBC requirement for public accommodations and commercial facilities can be found by deleting the "11B-" prefix to obtain the ADAS reference...
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State and Local Documents > Codes and Standards > 2016 California Standards for Accessible Design Pocket Guide - Eff. Jan. 1, 2017
11B-707.4 Privacy
[From Part 36 Nondiscrimination on the Basis of Disability in Public Accommodations and Commercial Facilities (as amended by the final rule published on September 15, 2010)]....
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State and Local Documents > Codes and Standards > 2019 California Standards
11B-707.4 Privacy
[From Part 36 Nondiscrimination on the Basis of Disability in Public Accommodations and Commercial Facilities (as amended by the final rule published on September 15, 2010)]....
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
1630.9(d)
(d) A qualified individual with a disability is not required to accept an accommodation, aid, service, opportunity or benefit which such qualified individual chooses not to accept....
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Federal Documents > Regulations > 14 CFR Part 382 Nondiscrimination on the Basis of Disability in Air Travel (Air Carrier Access Act) (with amendments issued through May 2016)
§382.27(f)
., because of a flight cancellation), you must, to the maximum extent feasible, provide the accommodation on the new flight....
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Federal Documents > Technical Assistance > Protecting the Rights of Persons Living with HIV/AIDS
ADDITIONAL RESOURCES
ADDITIONAL RESOURCES
For advice to employers on how to reasonably accommodate individuals with disabilities in the workplace, contact the Job Accommodation Network (JAN) at 800-526-7234...
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Federal Documents > Regulations > 49 CFR Part 37 - Transportation for Individuals With Disabilities; Reasonable Modification of Policies and Practices
8. Boarding Separately From Wheelchair
(Note, however, that under § 37.165(b), entities are required to accommodate device/user loads and dimensions that exceed the former “common wheelchair” standard, as long as the vehicle...
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Rulemaking Process Documents > NPRMS > 36 CFR Part 1190, Proposed Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way: Notice of Proposed Rulemaking (NPRM)
R305.2.2 Parallel Curb Ramps
On parallel curb ramps, detectable warning surfaces shall be placed on the turning space at the flush transition between the street and sidewalk....
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Federal Documents > Regulations > 28 CFR Part 35 Nondiscrimination on the Basis of Disability in State and Local Government Services (1991 ADA Title II Regulations)
Historic properties
Historic properties means those properties that are listed or eligible for listing in the National Register of Historic Places or properties designated as historic under State or local law...
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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)
Historic Properties
Historic Properties means those properties that are listed or eligible for listing in the National Register of Historic Places or properties designated as historic under State or local law...
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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)
General Substantive Requirements of the New Construction Provisions (Preamble, Section-by-Section Analysis)
A facility could similarly be rendered inaccessible if a person with disabilities is significantly limited in her or his choice of a range of accommodations....
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Federal Documents > Preamble to Regulations > 28 CFR Part 36, Appendix B: Preamble to Regulation on Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (1991 ADA Title III Regulations Preamble)
General Substantive Requirements of the New Construction Provisions (Section-By-Section Analysis and Response to Comments)
A facility could similarly be rendered inaccessible if a person with disabilities is significantly limited in her or his choice of a range of accommodations....
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State and Local Documents > Codes and Standards > 2022 California Standards
11B-603.6 Guest room toilet and bathing rooms
At Housing at a Place of Education subject to Section 11B-224.7, toilet rooms serving sleeping rooms complying with Sections 11B-806 or 11B-809 offer greater accessibility than required...
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State and Local Documents > Codes and Standards > 2013 California Standards for Accessible Design Pocket Guide
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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State and Local Documents > State Technical Assistance > CCDA Accessibility Compliance for Businesses: "Myths and Misconceptions"
1. My business does not need to be compliant because the building is old and therefore is grandfathered.
Regardless of the age or historical importance of a building, if it is open to the public, you must provide access to your goods and services in order for your facility to be considered...
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Federal Documents > Technical Assistance > Title III Technical Assistance Manual (with 1994 supplement)
III-2.6000 "Regarded as."
III−2.6000 "Regarded as. " The ADA also protects certain persons who are regarded by a public entity as having a physical or mental impairment that substantially limits a major life activity...
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State and Local Documents > Codes and Standards > 2016 California Standards for Accessible Design Pocket Guide - Eff. Jan. 1, 2017
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...