- Areas of refuge (areas with direct access to a stairway, and where people who cannot use stairs may await assistance during a emergency evacuation) will be required, as proposed,...
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Areas of Refuge (Preamble, Section-by-Section Analysis)
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‘‘Commercial facilities’’ (Preamble, Section-by-Section Analysis)
‘‘Commercial facilities’’ are those facilities that are intended for nonresidential use by a private entity and whose operations affect commerce. As explained under § 36.401, ‘‘New...
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Unequal benefit (Preamble, Section-by-Section Analysis)
Unequal benefit—Section 36.202(b) prohibits services or accommodations that are not equal to those provided others. For example, persons with disabilities must not be limited to...
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"Religious entity.'' (Preamble, Section-by-Section Analysis)
"Religious entity.'' The term "religious entity'' is defined in accordance with section 307 of the ADA as a religious organization or entity controlled by a religious organization,...
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General Comments (Preamble, Section-by-Section Analysis)
General Comments One commenter urged the Department to move all or portions of subpart D, New Construction and Alterations, to the appendix (ADAAG) or to duplicate portions of...
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Separate benefit (Preamble, Section-by-Section Analysis)
Separate benefit—Section 36.202(c) permits different or separate benefits or services only when necessary to provide persons with disabilities opportunities as effective as those...
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Deny participation (Preamble, Section-by-Section Analysis)
Deny participation—Section 36.202(a) provides that it is discriminatory to deny a person with a disability the right to participate in or benefit from the goods, services,...
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Elevator Exemption (Preamble, Section-by-Section Analysis)
Elevator Exemption Section 36.401(d) implements the ‘‘elevator exemption’’ for new construction in section 303(b) of the ADA. The elevator exemption is an exception to the general...
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Section 36.201(a) (Preamble, Section-by-Section Analysis)
Section 36.201(a) contains the general rule that prohibits discrimination on the basis of disability in the full and equal enjoyment of goods, services, facilities, privileges,...
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"Private entity.'' (Preamble, Section-by-Section Analysis)
"Private entity.'' The term "private entity'' is defined as any individual or entity other than a public entity. It is used as part of the definition of "public accommodation'' in...
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‘‘Private club.’’ (Preamble, Section-by-Section Analysis)
‘‘Private club.’’ The term ‘‘private club’’ is defined in accordance with section 307 of the ADA as a private club or establishment exempted from coverage under title II of the Civil...
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"Public accommodation.'' (Preamble, Section-by-Section Analysis)
"Public accommodation.'' The term "public accommodation'' means a private entity that owns, leases (or leases to), or operates a place of public accommodation. The regulatory term,...
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Structural Impracticability (Preamble, Section-by-Section Analysis)
Structural Impracticability Proposed § 36.401(c) is included in the final rule with minor changes. It details a statutory exception to the new construction requirement: the...
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Sales Counters (Preamble, Section-by-Section Analysis)
- The final guidelines provide greater flexibility in providing access to sales counters, and no longer require a portion of every counter to be accessible.
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Homeless Shelters (Preamble, Section-by-Section Analysis)
- The proposed rule reserved the provisions on alterations to homeless shelters. The final guidelines apply alterations requirements to homeless shelters, but the requirements are...
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"Qualified interpreter.'' (Preamble, Section-by-Section Analysis)
"Qualified interpreter.'' The Department received substantial comment regarding the lack of a definition of "qualified interpreter.'' The proposed rule defined auxiliary aids and...
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"Public entity.'' (Preamble, Section-by-Section Analysis)
"Public entity.'' The term "public entity'' is defined in accordance with section 201(1) of the ADA as any State or local government; any department, agency, special purpose...
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"Service animal.'' (Preamble, Section-by-Section Analysis)
"Service animal.'' The term "service animal'' encompasses any guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability....
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Summary of ADAAG (Preamble, Section-by-Section Analysis)
SUMMARY OF ADAAG This section of the preamble summarizes the structure of ADAAG, and highlights the more important portions.
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M102.1 Defined Terms (Section-by-Section Analysis)
The MDE NPRM proposed definitions for enforcing authority, medical diagnostic equipment, operable parts, and transfer surface. The Access Board sought input in question six in the...
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M303.2.6 Edge Protection (Section-by-Section Analysis)
The MDE NPRM proposed edge protection on the ramps leading up to the raised platform (proposed M303.3.3.4), but did not require edge protection on the raised platforms themselves....
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M304.2.1 Slip Resistant (Section-by-Section Analysis)
The MDE NPRM proposed to require that the standing surface on which patients stand be slip resistant. One manufacturer commented on this requirement, requesting that the rule provide...
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M301.2 Transfer Surface (Section-by-Section Analysis)
This is an introductory section.
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M301.3.2 Leg Supports (Section-by-Section Analysis)
In the MDE NPRM, the Access Board proposed to place the requirements for stirrups on diagnostic equipment used by patients in the supine, prone, or side-lying position in M301. In...