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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Separate benefit (Preamble, Section-by-Section Analysis)
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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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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...
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M101.4 Equivalent Facilitation (Section-by-Section Analysis)
The MDE NPRM proposed to permit the use of alternative designs or technologies that are substantially equivalent to or provide greater accessibility and usability than strict...
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M101.6 Dimensional Tolerances (Section-by-Section Analysis)
The MDE NPRM proposed that dimensions were to be subject to conventional industry tolerances for manufacturing processes, material properties, and field conditions. In the preamble...
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M101.7 Units of Measurement (Section-by-Section Analysis)
In the MDE NPRM there was no explanation of the units of measurement used throughout the rule text. In order to avoid confusion and to align this final rule with the other...
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M201.2 General Exception (Section-by-Section Analysis)
The MDE NPRM did not propose a general exception for diagnostic equipment that was not capable of meeting the MDE Standards. As described in Section IV.A.1. (Significant Changes –...
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M301.2.2 Sunset Provision (Section-by-Section Analysis)
As discussed in Section IV.B.1.a. (Significant Changes – Transfer Surface Adjustability), this is a new provision that was added to the final rule in conjunction with the new...
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M305.2 Transfer Supports (Section-by-Section Analysis)
This is an introductory section. As discussed above in Section IV.E.1. (Significant Changes – Transfer Supports), the Access Board strengthened the transfer support requirements and...