Designed and Constructed for First Occupancy (Section-By-Section Analysis and Response to Comments) According to paragraph (a)(2), a facility is subject to the new construction requirements...
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Designed and Constructed for First Occupancy (Section-By-Section Analysis and Response to Comments)
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‘‘Act.’’ (Preamble, Section-by-Section Analysis)
‘‘Act.’’ The word ‘‘Act’’ is used in the regulation to refer to the Americans with Disabilities Act of 1990, Pub. L. 101–336, which is also referred to as the ‘‘ADA.’’
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Alerting to intruders. (Section-by-Section Analysis)
Alerting to intruders. The phrase ‘‘alerting to intruders'' is related to the issues of minimal protection and the work or tasks an animal may perform to meet the definition of a...
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Species limitations. (Section-by-Section Analysis)
Species limitations. When the Department originally issued its title III regulation in the early 1990s, the Department did not define the parameters of acceptable animal species. At...
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Breed limitations. (Section-by-Section Analysis)
Breed limitations. A few commenters suggested that certain breeds of dogs should not be allowed to be used as service animals. Some suggested that the Department should defer to...
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Ticket transfer. (Section-by-Section Analysis)
Ticket transfer. The Department received many comments asking whether accessible seating has the same transfer rights as general seats. The proposed regulation at § 36.302(f)(5)...
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‘‘Drug.’’ (Preamble, Section-by-Section Analysis)
‘‘Drug.’’ The definition of the term ‘‘drug’’ is taken from section 510(d)(2) of the ADA.
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‘‘Facility.’’ (Preamble, Section-by-Section Analysis)
"Facility.'' "Facility'' means all or any portion of buildings, structures, sites, complexes, equipment, rolling stock or other conveyances, roads, walks, passageways, parking lots,...
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Section-By-Section Analysis and Response to Comments
[See subsections ...]
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‘‘Commerce.’’ (Preamble, Section-by-Section Analysis)
‘‘Commerce.’’ The definition of ‘‘commerce’’ is identical to the statutory definition provided in section 301(l) of the ADA. It means travel, trade, traffic, commerce,...
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"State.'' (Preamble, Section-by-Section Analysis)
"State.'' The definition of "State'' is identical to the statutory definition in section 3(3) of the ADA. The term is used in the definitions of "commerce'' and "public entity'' in...
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M102 Definitions (Section-by-Section Analysis)
This is an introductory section.
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M101 General (Section-by-Section Analysis)
This is an introductory section.
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M306.1 General (Section-by-Section Analysis)
The MDE NPRM proposed that, where diagnostic equipment communicates instructions or other information to the patient, the instructions or information must be provided in at least two...
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M303.3.2 Beveled (Section-by-Section Analysis)
The MDE NPRM proposed that for equipment with a change in level at the entry to the wheelchair space, level changes greater than ¼ inch but not greater than ½ inch would be required...
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M301.2.1 Adjustability (Section-by-Section Analysis)
The MDE NPRM proposed a transfer surface height range for diagnostic equipment used by patients in the supine, prone, or side-lying position of 17 inches minimum and 19 inches...
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M303.3.3 Ramped (Section-by-Section Analysis)
The MDE NPRM proposed that for equipment with a change in level at the entry of a wheelchair space, level changes greater than ½ inch high would be required to be ramped and comply...
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M101.2 Application (Section-by-Section Analysis)
In the NPRM the Access Board proposed that the MDE Standards would be applied to diagnostic equipment based on the patient position the equipment is designed to support....
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M301.2.3 Size (Section-by-Section Analysis)
The MDE NPRM proposed a transfer surface size for diagnostic equipment used in the supine, prone, or side-lying position of 30 inches wide and 15 inches deep minimum. (proposed...
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M305.3.1 Length (Section-by-Section Analysis)
In the MDE NPRM, the Access Board proposed a gripping surface length of four inches minimum for horizontal standing supports. No public comments were submitted on this requirement....
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M302.2.1 Adjustability (Section-by-Section Analysis)
The MDE NPRM proposed a transfer surface height range for diagnostic equipment used by patients in a seated position of 17 inches minimum and 19 inches maximum. The Access Board...
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M303.2.2 Width (Section-by-Section Analysis)
The MDE NPRM proposed to require that diagnostic equipment used by patients seated in a wheelchair provide a wheelchair space that was at least 36 inches wide. There were no public...
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M305.2.7 Clearance (Section-by-Section Analysis)
In the MDE NPRM, the Access Board did not provide any specific requirements for clearances around the transfer support. However, in the preamble to the MDE NPRM the Access Board...
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M305.2.8 Fittings (Section-by-Section Analysis)
The MDE NPRM proposed to require that transfer supports not rotate in their fittings (proposed M305.2.3). Five commenters addressed this provision. Four of the commenters disagreed...