(5) Accessible drinking fountains; and
Search Results "Disproportionality"
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§ 35.151(b)(4)(iv)(B)(5)
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Questions presented:
Under the ADA and DOT’s regulations, when is a public entity permitted to consider costs and cost-disproportionality in determining whether to make an altered path of travel in a facility...
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Alterations and Additions [§206.2.3.1, §202.4]
Alterations or additions involving primary function areas must include an accessible path of travel that extends to site arrival points to the extent that the cost is not “disproportionate...
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Sec.36.403(f)(2)(ii)
(ii) Costs associated with making restrooms accessible, such as installing grab bars, enlarging toilet stalls, insulating pipes, or installing accessible faucet controls;
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Sec.36.403(f)(2)(iv)
(iv) Costs associated with relocating an inaccessible drinking fountain.
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Alterations to Primary Function Areas
Alterations to Primary Function Areas. Section 202.4 restates a current requirement under title III, and therefore represents no change for title III facilities or for those title II...
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§ 36.403(f)(2)(ii)
(ii) Costs associated with making restrooms accessible, such as installing grab bars, enlarging toilet stalls, insulating pipes, or installing accessible faucet controls;
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§ 36.403(f)(2)(iv)
(iv) Costs associated with relocating an inaccessible drinking fountain.
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§ 35.151(b)(4)(iv)(A)
(A) When the cost of alterations necessary to make the path of travel to the altered area fully accessible is disproportionate to the cost of the overall alteration, the path of travel shall...
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Brief Answers
ADA and DOT’s implementing regulations, federal appellate case law, and the Department of Justice’s (DOJ) interpretation of the ADA’s legislative history each dictate that costs and cost-disproportionality...
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Sec.36.403(f)(1)
(1) Alterations made to provide an accessible path of travel to the altered area will be deemed disproportionate to the overall alteration when the cost exceeds 20% of the cost of the alteration...
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§ 36.403(f)(1)
(1) Alterations made to provide an accessible path of travel to the altered area will be deemed disproportionate to the overall alteration when the cost exceeds 20% of the cost of the alteration...
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Section 37.43 Alteration of Transportation Facilities by Public Entities
Second, alterations to drinking fountains, telephones, and restrooms do not have to be completed if the cost and scope of making them accessible is disproportionate....
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§ 36.403(f)(2)(i)
(i) Costs associated with providing an accessible entrance and an accessible route to the altered area, for example, the cost of widening doorways or installing ramps;
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Sec.36.403(f)(2)(i)
(i) Costs associated with providing an accessible entrance and an accessible route to the altered area, for example, the cost of widening doorways or installing ramps;
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Sec.36.403(g)
(g) Duty to provide accessible features in the event of disproportionality....
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4. I understand that a waiver from accessibility requirements may be obtained?
It is possible that a particular degree of accessibility in an alteration might be found to be an "unreasonable hardship", "disproportionate", or "technically infeasible"....
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Altered Elements on an Accessible Route
this exception is not permitted for alterations to primary function areas, which are required to be connected by an accessible path of travel (unless the cost of providing such a path is "disproportionate...
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§ 35.151(b)(4) Path of travel
serving the altered area, are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, unless the cost and scope of such alterations is disproportionate...
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§ 35.151(b)(4) Path of travel
serving the altered area are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, unless the cost and scope of such alterations is disproportionate...
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X. Alterations
of travel to the altered area, and the bathrooms, telephones, and drinking fountains serving that area, must be made accessible to the extent that the added accessibility costs are not disproportionate...
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202.4 Alterations Affecting Primary Function Areas
For purposes of ensuring compliance with requirements of Texas Government Code, Chapter 469, all determinations of maximum extent feasible and disproportionality are made by the Department...
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§ 37.43(a)(2)
bathrooms are not required to be made readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, if the cost and scope of doing so would be disproportionate...
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202.4 Alterations Affecting Primary Function Areas
including the rest rooms, telephones, and drinking fountains serving the altered area, are readily accessible to and usable by individuals with disabilities, unless such alterations are disproportionate...