Equipment and furniture. In the 1991 title II regulation, there are no specific provisions addressing equipment and furniture, although § 35.150(b) states that one means by which a...
Search Results "Regulatory Flexibility Analysis"
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Equipment and furniture. (Section-by-Section Analysis)
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Hotel Reservations. (Section-by-Section Analysis)
Hotel Reservations. In the NPRM, at § 36.302(e), the Department proposed adding specific language to title III addressing the requirements that hotels, timeshare resorts, and other...
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Side reach (Section-by-Section Analysis)
Side reach. The 1991 Standards at section 4.2.6 establish a maximum side-reach height of 54 inches. The 2010 Standards at section 308.3 reduce that maximum height to 48 inches. The...
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Agency (Preamble, Section-by-Section Analysis)
Agency. The term agency includes any Federal department or agency, including the United States Postal Service. No substantive comments were received regarding this definition and no...
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New Construction. (Section-by-Section Analysis)
New Construction. The NPRM did not expressly propose that new construction of correctional and detention facilities shall comply with the proposed standards because the Department...
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Accessible (Preamble, Section-by-Section Analysis)
Accessible. The term accessible was defined in the proposed rule in terms of compliance with the standards in this part, as is common with other accessibility standards. As proposed,...
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Ticket prices. (Section-by-Section Analysis)
Ticket prices. In the NPRM, the Department proposed § 35.138(e) requiring that ticket prices for accessible seating be set no higher than the prices for other seats in that seating...
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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 § 35.138(e)...
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Discrimination prohibited. (Section-by-Section Analysis)
Discrimination prohibited. In the NPRM, § 35.152(b)(1) proposed language stating that public entities are prohibited from excluding qualified detainees and inmates from participation...
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Alterations to stairs. (Section-by-Section Analysis)
Alterations to stairs. The 1991 Standards only require interior and exterior stairs to be accessible when they provide access to levels that are not connected by an elevator, ramp,...
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Alterations to elevators. (Section-by-Section Analysis)
Alterations to elevators. Under the 1991 Standards, if an existing elevator is altered, only that altered elevator must comply with the new construction requirements for accessible...
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Examinations and Courses. (Section-by-Section Analysis)
Examinations and Courses. The Department received one comment requesting that it specifically include language regarding examinations and courses in the title II regulation. Because...
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Medical facilities. (Section-by-Section Analysis)
Medical facilities. The NPRM also did not propose language addressing the application of the 2004 ADAAG to medical and long-term care facilities in correctional and detention...
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Wading pools. (Section-by-Section Analysis)
Wading pools. The 1991 Standards do not address wading pools. Section 242.3 of the 2004 ADAAG requires newly constructed or altered wading pools to provide at least one sloped means...
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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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Other requirements. (Section-by-Section Analysis)
Other requirements. The NPRM also proposed that the regulation include the following requirements: that the work or tasks performed by the service animal must be directly related to...
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"Video Remote Interpreting (VRI) Services'' (Section-by-Section Analysis)
‘‘Video Remote Interpreting (VRI) Services'' (Section-by-Section Analysis) In the NPRM, the Department proposed adding ‘‘Video Interpreting Services (VIS)'' to the list of auxiliary aids...
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b. Positioning Supports
adding positioning supports; two commenters (manufacturers) recommended providing positioning supports within reach of the patient; one commenter (an accessibility consultant) recommended flexibility...
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Section 36.310 Transportation Provided by Public Accommodations (Section-By-Section Analysis and Response to Comments)
Section 36.310 Transportation Provided by Public Accommodations (Section-By-Section Analysis and Response to Comments) Section 36.310 contains specific provisions relating to public accommodations...
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Designed and Constructed for First Occupancy (Section-By-Section Analysis and Response to Comments)
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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4 - Best practices for construction observation
4 - Best practices for construction observation Construction observation is the final step in building an accessible element to meet design and regulatory requirements....
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II-8.0000 ADMINISTRATIVE REQUIREMENTS
Regulatory references: 28 CFR 35.105-35.107; 35.150(c) and (d)....
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Organization of This Rule
The section entitled ‘‘Section-by-Section Analysis and Response to Comments’’ in Appendix A provides a detailed discussion of the changes to the title III regulation....