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M302.2 Transfer Surface (Section-by-Section Analysis)
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M303.2 Wheelchair spaces (Section-by-Section Analysis)
This is an introductory section.
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M302.2.2 Sunset Provision (Section-by-Section Analysis)
As discussed in Section IV.B.1.a. (Significant Changes – Transfer Surface Adjustability), this is a new provision added to the final rule in conjunction with the new requirement of a...
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M305.2.4 Cross Section (Section-by-Section Analysis)
The proposed rule did not provide specific requirements for the cross section of transfer supports. However, in the MDE NPRM preamble, the Access Board noted that it was considering...
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Individual captioning device (Section-by-Section Analysis)
In § 36.303(g)(1)(iv), the Department is proposing to define “individual captioning device” as “the individual device that patrons may use at their seats to view the closed captions.”
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Analog Movie Screens (Section-by-Section Analysis)
Based on information currently available, it appears likely that few, if any, analog movies will continue to be made by the major movie studios and possibly by the independent...
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Open movie captioning (Section-by-Section Analysis)
The Department notes that the term “open captioning” is already referenced in the examples of auxiliary aids and services provided in § 36.303(b). That section refers to “open...
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Closed movie captioning (Section-by-Section Analysis)
The Department notes that the term “closed captioning” is referenced in the examples of auxiliary aids and services in § 36.303(b). That section refers to “closed captioning” in the...
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Individual Captioning Devices (Section-by-Section Analysis)
A commenter from a disability advocacy organization encouraged the Department to specify the number of individual captioning devices that must be made available at each movie...
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Miniature golf courses. (Section-by-Section Analysis)
Sections 206.2.16, 239.2, and 239.3 of the 2004 ADAAG require at least fifty percent (50%) of the holes on miniature golf courses to be accessible and connected to an accessible...
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Group ticket sales. (Section-by-Section Analysis)
Group ticket sales present another area in which the Department believes additional regulatory guidance is appropriate. The purpose of the proposed rule is to prevent the current...
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Captioning at movie theaters. (Section-by-Section Analysis)
The Department is considering options under which it might require that movie theater owners and operators exhibit movies that are captioned for patrons who are deaf or hard of...
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Ticket distribution methods. (Section-by-Section Analysis)
Section 36.302(f)(1) states the general rule that a public accommodation shall modify its policies, practices, and procedures to ensure that individuals with disabilities can...
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Video interpreting services. (Section-by-Section Analysis)
Section 36.303(f) has been added to establish performance standards for video interpreting services (VIS), a system the Department recognizes as a means to provide qualified...
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Areas of sport activity. (Section-by-Section Analysis)
Sections 206.2.2 and 206.2.12 of the 2004 ADAAG require each area of sport activity (e.g., courts and playing fields, whether indoor or outdoor) to be served by an accessible route. ...
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Fishing piers and platforms. (Section-by-Section Analysis)
Sections 206.2.14 and 237 of the 2004 ADAAG require at least twenty-five percent (25%) of railings at fishing piers and platforms to be no higher than 34 inches high, so that a...
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General rule on reservations. (Section-by-Section Analysis)
The Department's proposed § 36.302(e)(1) states the general rule that a public accommodation that owns, leases (or leases to), or operates a place of lodging shall modify its...
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Purchase of multiple tickets. (Section-by-Section Analysis)
The Department has received numerous complaints that public accommodations are unfairly restricting the number of tickets that can be purchased by individuals with disabilities. ...
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Captioning at sporting venues. (Section-by-Section Analysis)
The Department is aware that individuals who are deaf or hard of hearing have expressed concerns that they are unaware of information that is provided over the public address...
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Miniature Golf Courses. (Section-by-Section Analysis)
The Department proposes to adopt the requirements for miniature golf courses in the 2004 ADAAG. However, it requests public comment on a suggested change to the requirement for...
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Saunas and steam rooms. (Section-by-Section Analysis)
The Department is proposing one specific provision to minimize the potential impact of the supplemental requirements on existing saunas and steam rooms. Section 241 of the 2004...
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"Qualified Small Business" (Section-by-Section Analysis)
A qualified small business is a business entity defined as a small business concern under the regulations promulgated by the Small Business Administration (SBA) pursuant to the Small...
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Specific areas of dispute. (Section-by-Section Analysis)
Commenters expressed specific concern with the application of a safe harbor to four discrete areas: reach ranges, ATMs, seating in assembly areas, and access to swimming pools. ...
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Stadium-style theaters. (Section-by-Section Analysis)
Finally, commenters expressed concern regarding the application of a safe harbor to stadium-style theaters. Lines of sight and dispersal of wheelchair seating in assembly areas,...