The Third Circuit, citing the legislative history of the ADA, underscored that the term “usability” should be broadly defined and has an expansive, remedial construction....
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(B) Staircase replacements are alterations that affect or could affect the usability of a public transportation facility or part thereof.
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§35.102 Application
The Department of Transportation’s ADA regulation establishes specific requirements for construction of transportation facilities and acquisition of vehicles....
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2.5.2.1 International Electrotechnical Commission (IEC) Standards
., fire), control accuracy, fault conditions, software design, construction, and compatibility with other systems....
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§35.102 Application (Section-by-Section Analysis)
The Department of Transportation's ADA regulation establishes specific requirements for construction of transportation facilities and acquisition of vehicles....
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What Terminology Should Be Used?
The only way to evaluate accessibility is to evaluate the facility's compliance with the guidelines in effect at the time it was designed, constructed, or altered....
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2.2.3 Functional Reach
data were used to measure reach distances from reference points (e.g. maximum forward reach from the front of the WhMD, or maximum side reach from the lateral-most point of the WhMD), and construct...
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2. Follow the Accessibility Standards for Play Areas
Both standards require newly constructed playgrounds and those existing playgrounds that are altered to comply with a series of technical provisions for accessible play components and the...
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Sections 35.108(d)(3) and 36.105(d)(3)—Condition, Manner, or Duration
In the NPRM, proposed §§ 35.108(d)(3)(i) and 35.105(d)(3)(i) noted that the rules of construction at §§ 35.108(d)(1) and 35.105(d)(1) should inform consideration of how individuals are substantially...
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III. IMPLEMENTATION AND ENFORCEMENT OF AGREEMENT
limited to the facts set forth herein and it does not purport to remedy any other potential violations of the Americans with Disabilities Act, including violations of the alterations or new construction...
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