The rule enunciated in Sec.36.307 is consistent with the "fundamental alteration'' defense to the reasonable modifications requirement of Sec.36.302....
Search Results "Substantial Alteration"
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Section 36.302 Modifications in Policies, Practices, or Procedures (Section-By-Section Analysis and Response to Comments)
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II-6.1000 General
All facilities designed, constructed, or altered by, on behalf of, or for the use of a public entity must be readily accessible and usable by individuals with disabilities, if the construction...
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Notification Forms
Where extreme or numerous exceptions make it impracticable to provide a newly constructed or altered trail or beach access route that meets the technical requirements, the standards provide...
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2.1.1. Parameters
digital movies will fully comply with the requirements of this rule even though some movie theaters may not comply because full compliance would constitute an undue burden or a fundamental alteration...
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Safe Harbor
Note: Noncomplying newly constructed and altered elements may also be subject to the requirements of § 36.406(a)(5). 1991 Standards or 2010 Standards....
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Sec.36.404(a)(1)
(1) For the purposes of this section, "professional office of a health care provider'' means a location where a person or entity regulated by a State to provide professional services...
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§ 35.151(c)(2)
(2) Facilities on which construction commences on or after [date six months after the effective date of the final rule], shall comply with the proposed standards.
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§ 36.404(a)(1)
(1) For the purposes of this section, "professional office of a health care provider" means a location where a person or entity regulated by a State to provide professional services...
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4.1.6(3)(c)(ii)
(ii) Where existing shaft configuration or technical infeasibility prohibits strict compliance with 4.10.9, the minimum car plan dimensions may be reduced by the minimum amount...
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9.5.2(2)(a)
(a) at least one public entrance shall allow a person with mobility impairments to approach, enter and exit including a minimum clear door width of 32 in (815 mm).
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§ 37.43(e)(2)(iii)
(iii) Costs associated with providing accessible telephones (e.g., relocation of phones to an accessible height, installation of amplification devices or TDDs);
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§ 35.151(k)(2) Alterations to detention and correctional facilities.
(2) Alterations to detention and correctional facilities....
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§104.4(b)(6)
provided under a program or activity receiving Federal financial assistance includes any aid, benefit, or service provided in or through a facility that has been constructed, expanded, altered...
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Physical Accessibility
and parking spaces.107 The requirements public schools must meet to ensure programs and activities are accessible depends on the date a building (or facility) was built (constructed) or altered...
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DSA IR A-10: ALTERATION AND RECONSTRUCTION PROJECTS—DSA APPROVAL EXEMPTION (with revisions issued through Jan. 2018)
IR A-10: ALTERATION AND RECONSTRUCTION PROJECTS—DSA APPROVAL EXEMPTION Disciplines: Structural Fire & Life Safety...
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Safe Harbor
If a facility was in compliance with the 1991 Standards or UFAS as of March 15, 2012, the facility is not required to be altered to meet the 2010 Standards....
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23. Q: What types of modifications in law enforcement policies, practices, and procedures does the ADA require?
modifications in their policies, practices, and procedures that are necessary to ensure accessibility for individuals with disabilities, unless making such modifications would fundamentally alter...
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16. Opening Building Doors
., assisting the passenger past the door to the building) generally would not need to be granted because it could rise to the level of a fundamental alteration. 1....
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§ 36.403 Alterations: Path of travel.
[See subsections ...]
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§ 37.5(i)(2) Private entity-public transport
goods, services, facilities, privileges, advantages, or accommodations to individuals with disabilities, unless the entity can demonstrate that making the modifications would fundamentally alter...
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4.1.6(1)(d)
(d) No alteration of an existing element, space, or area of a building or facility shall impose a requirement for greater accessibility than that which would be required for new construction...
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Sec.36.304(d)(2)
(2) If, as a result of compliance with the alterations requirements specified in paragraph (d)(1) of this section, the measures required to remove a barrier would not be readily achievable...
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12. Personal Care Attendant (PCA)
It would be a fundamental alteration of the driver's function to provide PCA services of this kind....
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§ 37.43 Alteration of transportation facilities by public entities
[See subsections ...]