(Section-by-Section Analysis) The 1991 title II regulation states that ‘‘[a] public entity shall make reasonable modifications in policies, practices, or procedures when the modifications...
Search Results "State Code Certification"
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Section 35.136 Service animals. (Section-by-Section Analysis)
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II-3.4300 Right to participate in the regular program
ILLUSTRATION: Where a State offers special drivers' licenses with limitations or restrictions for individuals with disabilities, an individual with a disability is not eligible for an unrestricted...
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202.4 Alterations Affecting Primary Function Areas
For purposes of ensuring compliance with requirements of Texas Government Code, Chapter 469, all determinations of maximum extent feasible and disproportionality are made by the Department...
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Issue 15: How can the potential conflict between the goals of zero net energy and accessibility for low vision persons be resolved?
We are, I think, in the accessibility world, more and more being held to higher standards than the codes developers typically....
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2. The Class Notices Are Defective and Will Reach Only A Minuscule Portion of Class Members
broad, barring class members from litigating not only ADA title III claims arising after the date of the settlement agreement, but also claims for compensatory or punitive damages under state...
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A. Whether Sidewalks Are a Service Program, or Activity Covered by Title II of the ADA and Section 564 of the Rehabilitation Act
The ADA defines “public entity” as “any State or local government [and] department, agency, special purpose district, or other instrumentality of a State or States or local government.'...
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Program requirements. (Section-by-Section Analysis)
Yeskey, 524 U.S. 206 (1998), stated explicitly that the ADA covers the operations of State prisons; accordingly, title II's program accessibility requirements apply to State and local correctional...
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iii. Need for Department action
There is no doubt that the websites of state and local government entities are covered by title II of the ADA. ...
- GE® 30" Drop-In Electric Range JDS28DFWW
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Final Regulatory Flexibility Analysis
by State and local jurisdictions across the country....
- Seating Solutions ADA Platforms, Ramps & Stairs
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11B-604.5.2 Rear wall
ETA Editor's Note The Office of Statewide Health Planning and Development (OSHPD), which has jurisdiction over hospitals and long-term care facilities in California, issued Code Application...
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11B-219.5 Permanent and portable systems
The California Building Code (CBC) requires permanently installed assistive listening systems in those assembly areas where audible communication is integral to the use of a space (movie...
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11B-203.9 Employee workstations
employee workstations shall only be required to comply with Sections 11B-207.1, 11B-215.3, 11B-302, 11B-303, 11B-308.1.1, 11B-308.1.2, and 11B-404.2.3, unless exempted by other parts of this code...
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11B-203.9 Employee workstations
employee workstations shall only be required to comply with Sections 11B-207.1, 11B-215.3, 11B-302, 11B-303, 11B-308.1.1, 11B-308.1.2, and 11B-404.2.3, unless exempted by other parts of this code...
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11B-219.5 Permanent and portable systems
The California Building Code (CBC) requires permanently installed assistive listening systems in those assembly areas where audible communication is integral to the use of a space (movie...
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11B-604.5.2 Rear wall
ETA Editor's Note The Office of Statewide Health Planning and Development (OSHPD), which has jurisdiction over hospitals and long-term care facilities in California, issued Code Application...
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Serving People with Disabilities in the Most Integrated Setting: Community Living and Olmstead
The Court held that states are required to provide community-based services for people with disabilities who would otherwise be entitled to institutional services when: (a) such placement...
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II. Statutory and Regulatory Background
The Act also provides that the Secretary of the Department of Housing and Urban Development shall provide technical assistance to States and units of local government and other persons to...
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Wild animals, monkeys, and other nonhuman primates. (Section-by-Section Analysis)
The American Veterinary Medical Association (AVMA) issued a position statement advising against the use of monkeys as service animals, stating that ‘‘[t]he AVMA does not support the use...
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California: Toilet Grab Bars - Uneven height allowed?
I noticed that the specific code language suggests that the side grab bar and the rear grab bar must be at the same height (California CBC text is slightly different than ADAS), but it reads...
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2.9 Conditions Not Considered Disabilities.
Appendix A to 28 CFR part 35: Sensitivity to Tobacco Smoke.3 3 DOJ has declined to state categorically that an allergy or sensitivity to cigarette smoke is a disability because the...
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What happens if conciliation fails?
If conciliation fails on a charge against a state or local government, EEOC will refer the case to the Department of Justice for consideration of litigation or issuance of a "right to sue...
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Vertical Access to Mezzanines
The final rule includes an exception at 206.2.4, Exception 3 stating that an accessible route to mezzanines is not required in facilities that are not subject to the requirement for an elevator...