When alterations or additions are made to existing buildings or facilities, an accessible path of travel to the specific area of alteration or addition shall be provided....
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Safe Harbors
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Safe Harbors
Elements not altered after March 15, 2012 Elements that comply with the requirements for those elements in the 1991 Standards do not need to be modified Safe...
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Bathtubs: ADA Standard Section 607
Section 607 covers the current ADA Standards for bathtubs.
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Urinals: ADA Standard Section 213.3.3
Section 213.3.3 covers scoping requirements in the current ADA Standards for urinals.
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Lavatories: ADA Standard Section 213.3.4
Section 213.3.4 covers scoping requirements in the current ADA Standards for lavatories.
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Sinks: ADA Standard Section 804.4
Sinks shall comply with 606.
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General: ADA Standard Section 607.1
Section 607.1 of the ADA Standards covers information in the current ADA Standards for bathtubs.
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11B-605 Urinals
[See subsections ...]
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11B-607 Bathtubs
[See subsections ...]
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11B-213.3.3 Urinals
Where one or more urinals are provided, at least 10 percent but no fewer than one shall comply with Section 11B-605. [2010 ADA Standards] 213.3.3 Urinals. Where more than one...
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11B-607.1 General
Bathtubs shall comply with Section 11B-607.
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11B-804.4 Sinks
Sinks shall comply with Section 11B-606.
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11B-213.3.4 Lavatories
Where lavatories are provided, at least 10 percent but no fewer than one shall comply with Section 11B-606 and shall not be located in a toilet compartment. [2010 ADA Standards]...
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§ 35.150(b)
(b) * * *
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§ 35.150(b) Methods
(b) Methods.
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1. Injury in Fact
access to the City's aquatic program....
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Section 35.150(b)(2) Safe harbor (Section-by-Section Analysis)
In these circumstances, the public entity would be entitled to a safe harbor for the already compliant elements until those elements are altered....
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Safe Harbor
The 2010 ADA Standards are, for most building elements, the same as the 1991 ADA Standards and the Uniform Federal Accessibility Standards....
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§ 35.150(b)(2) Safe harbor
If a public entity has constructed or altered elements in an existing facility in accordance with the specifications in either the 1991 Standards or the Uniform Federal Accessibility Standard...
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Safe Harbor is applied element by element in existing facilities
From my conversations with technical assistance staff at the US Access Board and the Department of Justice's Disability Rights Section, examples of "elements" in their opinion, would include...
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CHAPTER 6: PLUMBING ELEMENTS AND FACILITIES
CHAPTER 6: PLUMBING ELEMENTS AND FACILITIES...
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DIVISION 6: PLUMBING ELEMENTS AND FACILITIES
DIVISION 6: PLUMBING ELEMENTS AND FACILITIES...
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CHAPTER 6: PLUMBING ELEMENTS AND FACILITIES
CHAPTER 6: PLUMBING ELEMENTS AND FACILITIES...
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§ 35.151(c)(5)(ii)
(ii) Newly constructed or altered facilities or elements covered by §§35.151(a) or (b) that were constructed or altered before March 15, 2012 and that do not comply with the 1991 Standards...