building is removed, including all structural portions of floors and ceilings and a new building is constructed behind the existing exterior, the building is considered a new building for determining...
Search Results "Programmatically Determinable"
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11B-233.3.4.3 Alterations to residential dwelling units with adaptable features
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Audio Description (Section-by-Section Analysis)
In some circumstances, movie theaters may incur a cost to determine whether and to what extent compliance with the rule would result in an undue burden. ...
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Step 2: Identify the Presence of Limiting Factors
Next, determine whether a condition for an exception exists that permits a deviation from the technical requirements for slope....
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Readily achievable (Advisory Guidance)
Depending on the design, technology, or several other factors, it may be determined that providing accessibility to all products in a product line is not readily achievable....
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2.9 Conditions Not Considered Disabilities.
Appendix A to 28 CFR part 35: Sensitivity to Tobacco Smoke.3 3 DOJ has declined to state categorically that an allergy or sensitivity to cigarette smoke is a disability because the determination...
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§382.145(a)
If, upon such review, the Department determines that any portion of these materials must be changed in order to comply with this part, DOT will direct you to make appropriate changes....
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3. The risk must be current, not one that is speculative or remote
A determination that an individual would pose a "direct threat" cannot be based on speculation about future risk....
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a. Disability Defined
activities, or who are perceived or regarded as having a mental or physical impairment that substantially limits one or more major life activities.6 Three things to ask yourself when determining...
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May employers require employees to have periodic medical examinations?
A police department could not, however, periodically test its officers to determine whether they are HIV-positive, because a diagnosis of this condition alone would not result in a direct...
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11B-233.3.1.2.5 Public housing facility site impracticality
The number of adaptable residential dwelling units required in non-elevator building public housing facilities shall be determined in accordance with Chapter 11A, Section 1150A.1....
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20. Q: If a charging party receives a right to sue letter, does that mean that the government has found that there has been a violation of the ADA?
right to sue letter is issued after a charge has been dismissed for jurisdictional reasons, for lack of merit, or because the charging party has requested the letter and the government has determined...
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Dispute Resolution
reasonable attorneys’ fees and costs (which the City shall be responsible for paying without reimbursement from the annual $31 million commitment for program access) in the event that the Court determines...
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M307.2 Tactilely Discernible (Section-by-Section Analysis)
discernible is to raise part or all of the control surface above the surrounding surface and at a distance from any adjacent controls such that a relief of each individual control can be determined...
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4.3 Q. If the only new construction is an addition consisting of four or more dwelling units, would the existing public and common use spaces have to be made accessible?
An independent determination should be made regarding applicability of the ADA. (See the introduction to these questions and answers, which provides some background on the ADA.)...
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4. I understand that a waiver from accessibility requirements may be obtained?
For facilities that were built prior to January 26, 1992, the federal requirement is to remove barriers to the extent that it is "readily achievable" and evaluations to determine if removing...
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B. JURISDICTION
Part 35, Subpart F, to determine whether Lewisboro is in compliance with title II of the ADA and the title II DOJ Regulations, to issue findings, and, where appropriate, to negotiate and...
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Must elevator doors remain open for 20 seconds?
The opening time is further determined by the travel distance from hall call buttons and signal timing based on a 1.5 ft/s travel speed beginning from audible and visible signalization of...
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Unified Facilities Guide Specifications
The amount of surface irregularity is to be determined by placing the straightedge on the pavement surface and allowing it to rest on the two highest spots covered by its length and measuring...
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§ 35.138(c) Ticket prices
a particular price level are not available because of inaccessible features, then the percentage of tickets for accessible seating that should have been available at that price level (determined...
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11B-233.3.1.2.6 Public housing facility site impracticality
The number of adaptable residential dwelling units required in non-elevator building public housing facilities shall be determined in accordance with Chapter 11A, Section 1150A.1....
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V. Enforcement and Termination
Notwithstanding Paragraph 63, this Agreement will terminate earlier than four years if the Department determines that Harris County has demonstrated durable compliance with Title II of the...
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TITLE II COVERAGE AND FINDINGS
The United States has determined that the University’s exclusion of a student who is blind from its course offerings through the use of MyOMLab, an online learning product that was inaccessible...
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Executive Orders 12866 and 13563
Consequently, the Access Board has not determined whether the proposed guidelines are an economically significant regulatory action.48 The Access Board will analyze the information received...
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III-4.3600 Limitations and alternatives
"Undue burden" is defined as "significant difficulty or expense. " Among the factors to be considered in determining whether an action would result in an undue burden are the following...