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 > 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)
§8.56(j)(2) Objectives of informal resolution/voluntary compliance
Such voluntary compliance agreements shall seek to protect the interests of the complainant (if any), other persons similarly situated, and the public interest....
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Federal Documents > Technical Assistance > ADA Update - A Primer for State and Local Governments (Title II Primer)
Shelves, Sales and Service Counters, and Check-Out Aisles
Shelves used by the public must be on an accessible route with enough space to allow individuals using mobility devices to access merchandise or materials....
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State and Local Documents > Codes and Standards > 2012 Florida Accessibility Code
606.3 Height
A lavatory in a toilet or bathing facility for a single occupant accessed only through a private office and not for common use or public use shall not be required to comply with 606.3....
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State and Local Documents > Codes and Standards > 2012 Florida Accessibility Code
607.4 Grab Bars
Grab bars shall not be required to be installed in a bathtub located in a bathing facility for a single occupant accessed only through a private office and not for common use or public use...
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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 Resolution of complaints (Section-by-Section Analysis)
(Section-by-Section Analysis)
Section 35.172 requires the designated agency to either resolve the complaint or issue to the complainant and the public entity a Letter of Findings containing...
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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)
§35.130(b)(1)(i) (Section-by-Section Analysis)
Paragraph (b)(1)(i) provides that it is discriminatory to deny a person with a disability the right to participate in or benefit from the aid, benefit, or service provided by a public entity...
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Federal Documents > Standards > 1991 ADA Standards for Accessible Design
A4.30.4 Raised and Brailled Characters and Pictorial Symbol Signs (Pictograms)
Accessible signage with descriptive materials about public buildings, monuments, and objects of cultural interest may not provide sufficiently detailed and meaningful information....
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Regulatory Support Documents > Regulatory Impact Analyses > Final Regulatory Assessment and Final Regulatory Flexibility Analysis Final Rule - Nondiscrimination on the Basis of Disability by Public Accommodations - Movie Theaters; Movie Captioning and Audio Description
3.5. Installation Costs
Public comments and Department research suggest that there are installation costs associated with providing closed movie captioning and audio description in movie theater auditoriums that...
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Legal Documents > VOLUNTARY COMPLIANCE AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE TOWN OF LEWISBORO, NEW YORK
B. JURISDICTION
WHEREAS, title II of the ADA applies to Lewisboro because it is a "public entity;" 42 U.S.C. § 12131(1); 28 C.F.R. § 35.104; and
WHEREAS, the Attorney General, through the U.S....
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF THE ISLE OF PALMS, SOUTH CAROLINA DJ 205-67-11
Press Release
The parties agree that it is in their best interest, and the United States believes that it is in the public interest, to voluntarily enter into this Agreement, and agree as follows:...
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF VERO BEACH, FLORIDA DJ 205-18-16
Press Release
The parties agree that it is in their best interest, and the United States believes that it is in the public interest, to voluntarily enter into this Agreement, and agree as follows:...
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Federal Documents > Technical Assistance > Guide to the ADA Standards
Accessible Path of Travel
The accessible path of travel must extend from the altered primary function area to site arrival points, including public sidewalks and parking and passenger loading zones provided on the...
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Rulemaking Process Documents > NPRMS > 36 CFR Part 1195 Proposed Accessibility Standards for Medical Diagnostic Equipment NPRM - Preamble
F. Consultation with Food and Drug Administration
If the FDA-CDRH develops such a guidance document, it will provide the public notice and opportunity to comment on a draft of the guidance document in accordance with its procedures for...
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Legal Documents > United States of America v. Genesis Healthcare System - Settlement Agreement
BACKGROUND
The parties have reached agreement that it is in the parties' best interests, and the United States believes that it is in the public interest, to resolve this dispute. ...
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.47(e)
(e) A public entity wishing to apply for an extension of the July 26, 1993, deadline for key station accessibility shall include a request for an extension with its plan submitted to FTA...
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State and Local Documents > Codes and Standards > 2016 California Standards for Accessible Design Pocket Guide - Eff. Jan. 1, 2017
PROFESSIONAL OFFICE OF A HEALTH CARE PROVIDER
location where a person or entity, regulated by the State to provide professional services related to the physical or mental health of an individual, makes such services available to the public...
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State and Local Documents > Codes and Standards > 2016 California Standards for Accessible Design Pocket Guide - Eff. Jan. 1, 2017
1132A.5.1 General
Section 1126A.3 shall apply to maneuvering clearances at the side of the door exposed to common or public use spaces....
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State and Local Documents > Codes and Standards > 2019 California Standards
PROFESSIONAL OFFICE OF A HEALTH CARE PROVIDER
location where a person or entity, regulated by the State to provide professional services related to the physical or mental health of an individual, makes such services available to the public...
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State and Local Documents > Codes and Standards > 2019 California Standards
1132A.5.1 General
Section 1126A.3 shall apply to maneuvering clearances at the side of the door exposed to common or public use spaces....
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Federal Documents > Technical Assistance > Technical Bulletin: Ground and Floor Surfaces
How is slip resistance measured?
In order to measure the slip-resistance of surfaces already in place, researchers at The Pennsylvania State University evaluated three portable testers: the NBS-Brungraber Tester (also known...
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Research and History > Research Documents > Independent Wheelchair Transfers in the Built Environment: How Transfer Setup Impacts Performance Phase 2: Final Report
Background
Independent transfers are ranked among the most strenuous tasks of daily living because of the high mechanical demands they place on upper limbs [5]....
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND HARRIS COUNTY, TEXAS
V. Enforcement and Termination
If the Action is reinstated, Harris County expressly agrees not to count the time during which this Agreement is in place, or use the terms or existence of this Agreement, to plead, argue...
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Products and Additional Resources > Products
EVAC+CHAIR® 600H Stair Evacuation Chair with Lift Handles
Any building consisting of more than one level, should possess an emergency stair chair by Evac+Chair of North American in place for that very reason....
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Products and Additional Resources > Products
AJW Architectural Products U410 Series 12 Gallon Waste Receptacle w/ 4" Extended Waste - Recessed
Waste is secured in place by tumbler lock and bottom hanger. (12 gallon capacity)
Lock: Pin tumbler, commercial quality, keyed like all other AJW cabinets....