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 > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 38.125(b)(13) Handrails
Handrails shall be placed to provide a minimum 11/2 inches knuckle clearance from the nearest adjacent surface....
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State and Local Documents > Codes and Standards > 2016 California Standards for Accessible Design Pocket Guide - Eff. Jan. 1, 2017
11B-705.2 Detectable directional texture
This surface will be placed directly behind the yellow detectable warning texture specified in Section 11B-705.1.2.1, aligning with all doors of the transit vehicles where passengers will...
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 38.83(b)(13) Handrails
Handrails shall be placed to provide a minimum 11/2 inches knuckle clearance from the nearest adjacent surface....
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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)
13. Notice
It is important that both handicapped persons and the public at large be aware of the obligations of recipients under section 504....
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Rulemaking Process Documents > NPRMS > 28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) - Preamble (published 2008)
Section 35.161 Telecommunications (Section-by-Section Analysis)
The Department proposes to retitle this section "Telecommunications" to reflect situations in which a public entity must provide an effective means to communicate by telephone for individuals...
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Rulemaking Process Documents > NPRMS > 28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) - Preamble (published 2008)
Safe harbor.
As a result of this flexibility, the Department believes that the program accessibility requirement as it is codified in the current regulation may appropriately mitigate any burdens on public...
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Federal Documents > Technical Assistance > Title II Technical Assistance Manual
II-7.1200 Qualified interpreter
When an interpreter is required, therefore, the public entity should provide a qualified interpreter, that is, an interpreter who is able to sign to the individual who is deaf what is being...
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Federal Documents > Regulations > 14 CFR Part 382 Nondiscrimination on the Basis of Disability in Air Travel (Air Carrier Access Act) (with amendments issued through May 2016)
§382.3 Indirect carrier
Indirect carrier means a person not directly involved in the operation of an aircraft who sells air transportation services to the general public other than as an authorized agent of a carrier...
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Federal Documents > Technical Assistance > Federal Aviation Administration Draft Advisory Circular 150/5360-14A, Access to Airports by Individuals with Disabilities
1.6.3 Commercial Service Airport.
A public airport that enplanes 2,500 or more passengers annually and receives scheduled passenger aircraft service. (49 U.S.C. § 47102)(7))....
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State and Local Documents > Codes and Standards > 2013 California Standards for Accessible Design Pocket Guide
11B-705.1.2.1 Platform edges
Detectable warning surfaces at platform boarding edges shall be 24 inches (610 mm) wide and shall extend the full length of the public use areas of the platform....
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Federal Documents > Standards > ABA Accessibility Standard for GSA Facilities Pocket Guide
810.5.2 Detectable Warnings
Platform boarding edges not protected by platform screens or guards shall have detectable warnings complying with 705 along the full length of the public use area of the platform....
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Federal Documents > Standards > 36 CFR Part 1195 Standards for Accessible Medical Diagnostic Equipment
M302.2.2 Sunset
The low transfer position height, Item A of M302.2.1, shall cease to have effect on [Insert date 5 years after date of publication in the Federal Register]. [sic]...
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Federal Documents > Standards > ABA Accessibility Standard for GSA Facilities Pocket Guide
705.2 Platform Edges
Detectable warning surfaces at platform boarding edges shall be 24 inches (610 mm) wide and shall extend the full length of the public use areas of the platform....
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State and Local Documents > Codes and Standards > Elimination of Architectural Barriers - TDLR Government Code, Chapter 469
Sec. 469.057(c)
(c) The department may enter into cooperative agreements to integrate information about the architectural barriers program with information produced or distributed by other public entities...
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State and Local Documents > Codes and Standards > 2012 Texas Accessibility Standards
705.2 Platform Edges
Detectable warning surfaces at platform boarding edges shall be 24 inches (610 mm) wide and shall extend the full length of the public use areas of the platform....
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State and Local Documents > Codes and Standards > 2012 Texas Accessibility Standards
810.5.2 Detectable Warnings
Platform boarding edges not protected by platform screens or guards shall have detectable warnings complying with 705 along the full length of the public use area of the platform....
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Federal Documents > Standards > 36 CFR Part 1194 - Information and Communication Technology (ICT) Final Standards and Guidelines (with amendments issued through Jan. 2018)
702.6 International Code Council (ICC)
Copies of the referenced standard may be obtained from ICC Publications, 4051 W. Flossmoor Road, Country Club Hills, IL 60478–5795 (http://www.iccsafe.org)....
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Federal Documents > Regulations > 24 CFR Part 8—Nondiscrimination Based on Handicap in Federally Assisted Programs and Activities of the Department of Housing and Urban Development (with amendments issued through Dec. 2007)
§8.22(a)
(a) New multifamily housing projects (including public housing and Indian housing projects as required by §8.25) shall be designed and constructed to be readily accessible to and usable...
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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)
§35.163(a)
(a) A public entity shall ensure that interested persons, including persons with impaired vision or hearing, can obtain information as to the existence and location of accessible services...
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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)
§35.172(a)
(a) The designated agency shall investigate each complete complaint, attempt informal resolution, and, if resolution is not achieved, issue to the complainant and the public entity a Letter...
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Federal Documents > Standards > 1991 ADA Standards for Accessible Design
10.3.1(10)
(10) Stations shall not be designed or constructed so as to require persons with disabilities to board or alight from a vehicle at a location other than one used by the general public....
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Federal Documents > Standards > 1991 ADA Standards for Accessible Design
9.5.2(2)(a)
(a) at least one public entrance shall allow a person with mobility impairments to approach, enter and exit including a minimum clear door width of 32 in (815 mm)....
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Federal Documents > Regulations > 24 CFR Part 40—Accessibility Standards for Design, Construction, and Alteration of Publicly Owned Residential Structures (with amendments issued through Feb. 1996)
§40.3(b)(1)
(1) Any portion of a residential structure or its grounds which need not, because of its intended use, be made accessible to, or usable by, the public or by physically handicapped persons...
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Federal Documents > Regulations > 24 CFR Part 100—Discriminatory Conduct Under the Fair Housing Act (with amendments issued through Sept. 2016)
§100.145(a)(1)
(1) Voluntarily discloses any part of the report or results or any other information privileged under this subpart to any aggrieved person, complainant, department, agency, or to the public...