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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Federal Documents > Regulations > 28 CFR Part 35 Nondiscrimination on the Basis of Disability in State and Local Government Services (1991 ADA Title II Regulations)
§35.150(a)(2)
(2) Require a public entity to take any action that would threaten or destroy the historic significance of an historic property; or...
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State and Local Documents > Laws > Americans with Disabilities Act (ADA) of 1990 (with amendments issued through 2008)
12143(c)(8)(B)
(B) provide that the public entity submitting the plan does not have to provide under the plan such service for individuals with disabilities....
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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)
§35.150(a)(1)
(1) Necessarily require a public entity to make each of its existing facilities accessible to and usable by individuals with disabilities;...
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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 preservation programs
Historic preservation programs means programs conducted by a public entity that have preservation of historic properties as a primary purpose....
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Rulemaking Process Documents > NPRMS > 36 CFR Part 1194 - Proposed Information and Communication Technology (ICT) Standards and Guidelines NPRM
E102.8.1 TIA 825-A
A Frequency Shift Keyed Modem for Use on the Public Switched Telephone Network, (2003), IBR proposed for Section 410.6.3.1....
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Rulemaking Process Documents > NPRMS > 36 CFR Part 1194 - Proposed Information and Communication Technology (ICT) Standards and Guidelines NPRM
C102.8.1 TIA 825-A
A Frequency Shift Keyed Modem for Use on the Public Switched Telephone Network, (2003), IBR proposed for Section 410.6.3.1....
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Federal Documents > Standards > 1991 ADA Standards for Accessible Design
7.1 General
In addition to the requirements of 4.1 to 4.35, the design of all areas used for business transactions with the public shall comply with 7....
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Federal Documents > Standards > Uniform Federal Accessibility Standards (UFAS)
7.1 GENERAL
In addition to the requirements of 4.1 to 4.33, the design of all areas used for business transactions with the public shall comply with 7....
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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)
§ 35.150(a)(1)
(1) Necessarily require a public entity to make each of its existing facilities accessible to and usable by individuals with disabilities;...
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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 preservation programs
Historic preservation programs means programs conducted by a public entity that have preservation of historic properties as a primary purpose....
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Federal Documents > Regulations > 49 CFR Part 37 - Transportation for Individuals With Disabilities; Reasonable Modification of Policies and Practices
§ 37.169(d)
(d) In determining whether to grant a requested modification, public entities shall be guided by the provisions of Appendix E to this Part....
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Federal Documents > Regulations > 49 CFR Part 37 - Transportation for Individuals With Disabilities; Reasonable Modification of Policies and Practices
§ 37.169(c)
(c) Requests for modification of a public entity's policies and practices may be denied only on one or more of the following grounds:...
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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)
§ 35.150(a)(2)
(2) Require a public entity to take any action that would threaten or destroy the historic significance of an historic property; or...
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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)
§ 35.150(d)(3)(i)
(i) Identify physical obstacles in the public entity's facilities that limit the accessibility of its programs or activities to individuals with disabilities;...
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.43(f)(2)
(2) In this situation, the public entity should give priority to accessible elements that will provide the greatest access, in the following order:...
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.75(a)
(a) This section applies to any public entity operating a fixed route system which takes one of the following actions:...
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.169(c)
(c) Requests for modification of a public entity's policies and practices may be denied only on one or more of the following grounds:...
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.169(d)
(d) In determining whether to grant a requested modification, public entities shall be guided by the provisions of Appendix E to this Part....
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Federal Documents > Technical Assistance > Title II Technical Assistance Manual
II-3.12000 Smoking
A public entity may prohibit smoking, or may impose restrictions on smoking, in its facilities....
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
2.3(b) Job Analysis and the "Essential Functions" of a Job
Such information, by itself, would not be sufficient to determine whether an individual who has particular limitations can perform an essential function with or without an accommodation....
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Links > State Department or Agency
State of California Disability Access Services (DAS) - Digital Access: Websites, Documents & Section 508
Services (DAS)
(916) 558-5755
(844) 729-2800 (TTY)
Email: DASinfo@dor.ca.gov
DAS Trainings
Introduction to ADA/FEHA
Practical Solutions to Reasonable Accommodation...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
Changing Essential Job Functions
The essential functions of the bagging job are putting items into bags, giving the bags to the customer directly or placing them in grocery carts....
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Research and History > Research Documents > The Impact of Transfer Setup on the Performance of Independent Transfers: Phase I Final Report
Grab bar protocol
included the side guard. 65% (75/115), CI[56%,73%] attained the transfer at level with their WMD and 10% (11/115) , CI[5%,16%] of the subjects who could not transfer with the side guard in place...
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Regulatory Support Documents > Analysis of Final Regulation > Appendix A to 34 CFR Part 104 - Nondiscrimination on the Basis of Handicap in Programs or Activities Receiving Federal Financial Assistance, Analysis of Final Regulation (with amendments issued through July 2017)
24. Educational setting
Among the factors to be considered in placing a child is the need to place the child as close to home as possible....