The term ‘‘actual disability’’ is used in these rules of construction as shorthand terminology to refer to an impairment that substantially limits a major life activity within the meaning...
Search Results "Substantial Alteration"
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Sections 35.108(a)(2) and 36.105(a)(2) Definition of ‘‘disability’’—Rules of Construction
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202.6 Architectural Barrier Removal
Removal of architectural barriers, pursuant to 28 C.F.R. s. 36.304, from buildings, structures or facilities shall comply with this code’s requirements for alterations unless compliance...
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Q13: Specific Requirements for Road Alteration Projects by Public Entities that Receive Federal Financial Assistance
Q13: Do any other requirements apply to road alteration projects undertaken by public entities that receive Federal financial assistance from DOT either directly or indirectly, even if such...
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101.2 Effect on Removal of Barriers in Existing Facilities
This document does not address existing facilities unless altered at the discretion of a covered entity....
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§ 37.43(f)(1)
(1) When the cost of alterations necessary to make a path of travel to the altered area fully accessible is disproportionate to the cost of the overall alteration, then such areas shall...
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IV. Program Access
Are not required to take any action that would result in a fundamental alteration in the nature of the service, program, or activity or in undue financial and administrative burdens....
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Voluntary Barrier Removal vs required Barrier Removal
If an existing 2 story retail building which is exempt from installing an elevator chooses to do so, is he exempt from POT upgrades for altered areas?...
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§ 37.43(a)(2)
(2) When a public entity undertakes an alteration that affects or could affect the usability of or access to an area of a facility containing a primary function, the entity shall make the...
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Triggering event
The Department is persuaded by the comments to adopt a two-pronged approach to defining the triggering event for new construction and alterations....
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§ 35.164 Duties.
This subpart does not require a public entity to take any action that it can demonstrate would result in a fundamental alteration in the nature of a service, program, or activity or in undue...
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ADA Technical Assistance Manual Addendum (10/29/02)
First, the Supreme Court has ruled that the determination of whether a person has an ADA "disability" must take into consideration whether the person is substantially limited in performing...
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E202.5.3 Alternative Means
Where conformance to one or more requirements in the 508 Standards imposes an undue burden or a fundamental alteration in the nature of the ICT, the agency shall provide individuals with...
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§35.164 Duties
This subpart does not require a public entity to take any action that it can demonstrate would result in a fundamental alteration in the nature of a service, program, or activity or in undue...
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Section 37.43 Alteration of Transportation Facilities by Public Entities
Section 37.43 Alteration of Transportation Facilities by Public Entities This section sets out the accessibility requirements that apply when a public entity undertakes an alteration...
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4.5.1 General
In alterations, where a condition for exception in section 1.1 prohibits full compliance with a specific requirement for clear floor or ground space surface, slope, size, or location, the...
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F202.3.1 Prohibited Reduction in Access
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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Section 36.405 Alterations: Historic Preservation (Preamble, Section-by-Section Analysis)
Section 36.405 Alterations: Historic Preservation Section 36.405 gives effect to the intent of Congress, expressed in section 504(c) of the Act, that this part recognize the national...
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12. Personal Care Attendant (PCA)
It would be a fundamental alteration of the driver's function to provide PCA services of this kind....
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Applicable standards
36.406(a) adopts the 2004 ADAAG as part of the 2010 Standards and establishes the compliance date and triggering events for the application of those standards to both new construction and alterations...
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§ 36.402(b)(1)
(1) Alterations include, but are not limited to, remodeling, renovation, rehabilitation, reconstruction, historic restoration, changes or rearrangement in structural parts or elements, and...
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§ 36.401(c) Exception for structural impracticability.
(c) Exception for structural impracticability.
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Sec.36.404(a)(2)
(2) For the purposes of this section, shopping center or shopping mall means --
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§ 36.404(a)(2)
(2) For the purposes of this section, shopping center or shopping mall means –
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202 Existing Buildings and Facilities
[See subsections ...]