Elevator safety is regulated by the California Department of Occupational Safety and Health, Elevator Ride and Tramway Unit - see Title 8, California Code of Regulations for more information...
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11B-408.1 General
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1630.8 Relationship or association with an individual with a disability
It is unlawful for a covered entity to exclude or deny equal jobs or benefits to, or otherwise discriminate against, a qualified individual because of the known disability of an individual...
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1630.6(b)
relationship includes, but is not limited to, a relationship with an employment or referral agency; labor union, including collective bargaining agreements; an organization providing fringe benefits...
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12201(c)(3)
(3) a person or organization covered by this chapter from establishing, sponsoring, observing or administering the terms of a bona fide benefit plan that is not subject to State laws that...
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§100.400(c)(1)
(1) Coercing a person, either orally, in writing, or by other means, to deny or limit the benefits provided that person in connection with the sale or rental of a dwelling or in connection...
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§ 37.169(e)
maximum extent possible, any other actions (that would not result in a direct threat or fundamental alteration) to ensure that the individual with a disability receives the services or benefit...
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§ 37.169(e)
maximum extent possible, any other actions (that would not result in a direct threat or fundamental alteration) to ensure that the individual with a disability receives the services or benefit...
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International Code Council (ICC)
The I-Codes are a complete set of comprehensive, coordinated building safety and fire prevention codes....
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§382.3 Direct threat
Direct threat means a significant risk to the health or safety of others that cannot be eliminated by a modification of policies, practices, or procedures, or by the provision of auxiliary...
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§382.133(e)(2)
(2) The maximum weight and dimensions (length, width, height) of the device to be used by an individual that can be accommodated in the aircraft cabin consistent with FAA safety requirements...
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Direct threat
Direct threat means a significant risk to the health or safety of others that cannot be eliminated by a modification of policies, practices, or procedures, or by the provision of auxiliary...
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§ 35.104 Direct threat
Direct threat means a significant risk to the health or safety of others that cannot be eliminated by a modification of policies, practices, or procedures, or by the provision of auxiliary...
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§ 37.3 Direct threat
Direct threat means a significant risk to the health or safety of others that cannot be eliminated by a modification of policies, practices, procedures, or by the provision of auxiliary...
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§ 37.3 Direct Threat
Direct threat means a significant risk to the health or safety of others that cannot be eliminated by a modification of policies, practices, procedures, or by the provision of auxiliary...
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DOT Response
The Department has determined that in the transportation context the appropriate definition of direct threat is one that only considers safety threats to others....
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7.4 Legal and Regulatory Considerations
These federal laws also require that persons with disabilities be given an equal opportunity to participate in and benefit from the providers’ medical services, including access to the facilities...
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Section 37.3 Definitions
That is, part 37 does not require a public entity to permit an individual to participate in or benefit from the services, programs, or activities of that public entity when that individual...
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I fully support ADA requirements and the DGS' efforts. We are reconstructing a 325 space parking lot. 8% will be EVSE ready. 32 EVSE will be installed initially. Including EVSE required ADA spaces, new plan results in 322 spaces. Parking facility no longer complies with minimum parking requirements for facilities. Any suggestions for resolving this conflict for reworking of existing sites subject to CALGreen?
You could consider requesting a variance from full compliance with the parking requirements substantiated by the benefits of electrical vehicle use which relies on installed infrastructure...
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§104.38 Preschool and adult education.
education or day care or adult education may not, on the basis of handicap, exclude qualified handicapped persons and shall take into account the needs of such persons in determining the aid, benefits...
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§8.4(c)(1)
(1) Non-handicapped persons may be excluded from the benefits of a program if the program is limited by Federal statute or executive order to individuals with handicaps....
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§104.52(b) Notice
A recipient that provides notice concerning benefits or services or written material concerning waivers of rights or consent to treatment shall take such steps as are necessary to ensure...
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12182(b)(1)(A)(i) Denial of participation
disabilities of such individual or class, directly, or through contractual, licensing, or other arrangements, to a denial of the opportunity of the individual or class to participate in or benefit...
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§35.149 Discrimination prohibited.
individual with a disability shall, because a public entity's facilities are inaccessible to or unusable by individuals with disabilities, be excluded from participation in, or be denied the benefits...
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Accessible Route
but where they are required to comply with 4.9, it is recommended that routes to them meet the requirements for accessible routes since certain specifications, such as clear width, can benefit...
