An alteration that decreases or has the effect of decreasing the accessibility of a building or facility below the requirements for new construction at the time of the alteration is prohibited...
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F202.3.1 Prohibited Reduction in Access
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List of Subjects for 28 CFR Part 36
Administrative practice and procedure, Buildings and facilities, Business and industry, Civil rights, Individuals with disabilities, Penalties, Reporting and recordkeeping requirements....
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§8.21(c)(1)(i)
(i) Necessarily require a recipient to make each of its existing non-housing facilities accessible to and usable by individuals with handicaps;...
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I. Public Telephones
Public Telephones - Are at least the following accessible telephone elements provided per facility... [ADA Stds. 4.1.3(17)]...
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§ 36.311(b)(2)(ii)
(ii) The facility´s volume of pedestrian traffic (which may vary at different times of the day, week, month, or year);...
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§100.306(a)(7)
(7) Public posting in common areas of statements describing the facility or community as housing for persons 55 years of age or older....
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ACCESSIBLE
Describes a site, building, facility, or portion thereof that complies with these standards and that can be approached, entered, and used by physically disabled people....
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11B-203.1 General
Sites, buildings, facilities, and elements are exempt from these requirements to the extent specified by Section 11B-203....
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CLOSED-CIRCUIT TELEPHONE
[DSA-AC] A telephone with a dedicated line such as a house phone, courtesy phone or phone that must be used to gain entry to a facility....
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PERMANENT
[DSA-AC] Facilities which, are intended to be used for periods longer than those designated in this code under the definition of “Temporary.”...
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CLOSED-CIRCUIT TELEPHONE
[DSA-AC] A telephone with a dedicated line such as a house phone, courtesy phone or phone that must be used to gain entry to a facility....
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PERMANENT
[DSA-AC] Facilities which, are intended to be used for periods longer than those designated in this code under the definition of “Temporary.”...
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Section 36.404 Alterations: Elevator Exemption (Preamble, Section-by-Section Analysis)
Section 36.404 Alterations: Elevator Exemption Section 36.404 implements the elevator exemption in section 303(b) of the Act as it applies to altered facilities....
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The Advance Notice of Proposed Rulemaking
The public provided information on how to assess the cost of elements in small facilities, office buildings, hotels and motels, assembly areas, hospitals and long-term care facilities, residential...
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Accessibility Standards in Title II Regulations Issued by DOJ
DOJ's Title II regulations prohibit exclusion from participation in or the denial of the benefits of services, programs, or activities, or other discrimination because a public entity's facilities...
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Maximum Extent Feasible
to the Maximum Extent Feasible §36.402(c) The phrase "to the maximum extent feasible, " as used in this section, applies to the occasional case where the nature of an existing facility makes...
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Step 6 - Develop a Transition Plan
The transition plan is developed from the self-evaluation and facilities survey....
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68.50. Submission of Construction Documents
amended effective March 15, 2012, 37 TexReg 677; amended effective May 15, 2017, 42 TexReg 2333) (a) All plans and specifications for the construction of or alteration to a building or facility...
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Location of Accessible Routes
Additionally, a new provision specifies that where a circulation path is interior, the required accessible route must also be located in the interior of the facility....
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Drinking Fountain Scoping for Exterior Sites
Scoping is also applied to ensure dual access in secured areas of facilities, such as prisons and jails since circulation among occupants may be restricted to such an area....
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Are multi-unit dwellings of any kind covered under the requirements? Our thinking stemmed from the fact that it covers public housing, but how is public housing defined? For example, is section 8 housing applicable? Are all condos and apartments applicable if they are providing charging for any of their residents and not just a specific resident?
The new requirements do apply at public housing facilities which are defined below....
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Section 35.151(d) Scope of Coverage (Section-by-Section Analysis)
the requirements established by this section, including those contained in the proposed standards, prescribe what is necessary to ensure that fixed or built-in elements in new or altered facilities...
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QUESTION: WHAT CONSTITUTES AN ALTERATION TO A PLATFORM FOR PURPOSES OF TRIGGERING THE APPLICATION OF SECTION 37.42 REQUIREMENTS?
ANSWER: Section 37.3 defines an alteration as “a change to an existing facility including, but not limited to, remodeling, renovation, rehabilitation, reconstruction . . . changes...
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IV. Program Access
Need not remove physical barriers, such as stairs, in all existing buildings, as long as they make their programs accessible to individuals who are unable to use an inaccessible existing facility...