of the Settlement Agreement, shall comply with the ADA, the implementing regulations, and the 2010 Standards, as such statute, regulation and Standards are in effect as of the date that physical...
Search Results "Existing Physical Constraint"
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IV. ALTERATIONS AND NEW CONSTRUCTION
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SECTION 504 OF THE REHABILITATION ACT OF 1973 POLICY INTERPRETATION NO. 3
ACT OF 1973 POLICY INTERPRETATION NO. 3 Subject: "Program Accessibility" Requirements Policy Interpretation: A recipient is not required to make structural modifications to its existing...
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Sections 35.108(a)(2) and 36.105(a)(2) Definition of ‘‘disability’’—Rules of Construction
Sections 35.108(a)(2) and 36.105(a)(2) Definition of ‘‘disability’’—Rules of Construction In the NPRM, the Department proposed §§ 35.108(a)(2) and 36.105(a)(2), which set forth...
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Safe Harbor
The safe harbor status does not apply to elements that are new in the 2010 ADA Standards and did not exist in the 1991 ADA Standards....
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ADA Checklist for Existing Facilities
Based on the 2010 ADA Standards for Accessible Design How To Use This Checklist Get Organized - One person can conduct a survey, but it’s easier with two people. One...
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Sec.36.402(b)(2)
(2) If existing elements, spaces, or common areas are altered, then each such altered element, space, or area shall comply with the applicable provisions of appendix A to this part....
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§ 36.402(b)(2)
(2) If existing elements, spaces, or common areas are altered, then each such altered element, space, or area shall comply with the applicable provisions of appendix A to this part....
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Sections 35.108(d)(2) and 36.105(d)(2)—Predictable Assessments
In contrast, some commenters from educational institutions and testing entities recommended the deletion of these provisions, expressing concern that it implies the existence of ‘‘per se...
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Section 35.150(b)(2) Safe Harbor (Section-by-Section Analysis)
The title II regulation makes clear that, unlike public accommodations under title III, a public entity is not required to make each of its existing facilities accessible to and usable by...
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§ 35.150(b)(2) Safe harbor
If a public entity has constructed or altered elements in an existing facility in accordance with the specifications in either the 1991 Standards or the Uniform Federal Accessibility Standard...
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Section 35.150(b)(2) Safe harbor (Section-by-Section Analysis)
required to make structural changes to existing facilities where other methods are effective in achieving program access....
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VALUATION THRESHOLD
[DSA-AC] An annually adjusted, dollar-amount figure used in part to determine the extent of required path of travel upgrades. The baseline valuation threshold of $50,000 is based on...
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Questions presented:
Is the replacement of a staircase at an existing public transportation facility an “alteration” that affects or could affect the usability of a facility for purposes of the ADA and...
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Title II Public Entity Facilities Compliance Fact Sheet
Existing Facilities: A public entity is required to make structural changes to existing facilities only when program accessibility is not feasible any other way (i.e.: reassignment of...
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§8.21(b) Alterations to facilities
Alterations to existing non-housing facilities shall, to the maximum extent feasible, be made to be readily accessible to and usable by individuals with handicaps....
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11B-223 Medical care and long-term care facilities
Patient bedroom or resident sleeping rooms added or altered as part of a planned renovation of an entire wing, a department, or other discrete area of an existing medical facility shall...
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4.5 Other Tips for Making Equipment More Useable
Unless you are very familiar and comfortable with the equipment, you should ask the staff to show you the types of equipment and how they work. Staff may not be...
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4.4 Equipment Barriers and Solutions
Barriers Solutions Simple/Low cost Involved / High cost Spaces between the equipment are too narrow Ask staff to move one of...
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6. What if I can’t afford to install a fixed lift in my pool, or it would be difficult to do so?
If it is not readily achievable to provide access to the existing pool, even by way of a non-fixed lift, the business need not do so....
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II-5.2000 Methods for providing program accessibility
In many situations, providing access to facilities through structural methods, such as alteration of existing facilities and acquisition or construction of additional facilities, may be...
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Brief Answers
of a staircase is an alteration under the ADA and DOT’s implementing regulations because a staircase replacement is tantamount to the renovation, rehabilitation, or reconstruction of an existing...
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1.3 Know Your Rights
Often they are not aware that barriers exist or they may not think there is a problem because no one has ever brought it to their attention....
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12. What if I have two pools or a pool and a spa? Can I share a lift between pools?
For existing pools, whether each pool or spa must have its own lift (or other accessible means of entry) depends on whether it is readily achievable....
