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,...
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Stadium-style theaters. (Section-by-Section Analysis)
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Section 36.104 Definitions (Section-by-Section Analysis)
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Facility sell-out. (Section-by-Section Analysis)
Proposed § 36.302(f)(6)(i) allows for the release of unsold accessible seating once standard seats in the facility have been sold, but luxury boxes, club boxes, or suites are not...
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"Auxiliary Aids and Services" (Section-by-Section Analysis)
Several types of auxiliary aids that have become more readily available have been added to § 35.104 under the definition of auxiliary aids and services. For purposes of...
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Section 35.104 Definitions (Section-by-Section Analysis)
[See subsections ...]
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Appendix A to Part 104—Analysis of Final Regulation
ETA Editor's Note Click here to view Appendix A to Part 104.
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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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Facility sell-out. (Section-by-Section Analysis)
The approach in §35.138(f)(1) allows for the release of unsold accessible seating once standard seats in the facility have been sold. (Luxury boxes, club boxes, or suites are not...
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Subpart E--Communications (Section-by-Section Analysis)
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Section 35.160 Communications (Section-by-Section Analysis)
The Department proposes to expand § 35.160(a) to clarify that a public entity's obligation to ensure effective communication extends not just to applicants, participants, and members...
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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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Saunas and steam rooms. (Section-by-Section Analysis)
The Department is proposing one specific provision to minimize the potential impact of the new requirements on existing saunas and steam rooms. Section 241 of the 2004 ADAAG...
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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 at § 35.138(i)(2) is to...
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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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Number of accessible cells. (Section-by-Section Analysis)
Section 232.2.1 of the 2004 ADAAG requires at least two percent (2%), but no fewer than one, of the cells in newly constructed detention and correctional facilities to have...
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Section 35.161 Telecommunications (Section-by-Section Analysis)
The Department proposes to retitle this section "Telecommunications" to reflect situations in which a public entity must provide an effective means to communicate by telephone for...
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Ticket distribution methods. (Section-by-Section Analysis)
Section 35.138(a) states the general rule that a public entity shall modify its policies, practices, and procedures to ensure that individuals with disabilities can purchase single...
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Purchase of multiple tickets. (Section-by-Section Analysis)
The Department has received numerous complaints stating that assembly operators are unfairly restricting the number of tickets that can be purchased by individuals with...
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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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Multiple chemical sensitivities. (Section-by-Section Analysis)
Multiple chemical sensitivities. The Department received comments from a number of individuals asking the Department to add specific language to the final rule addressing the needs...
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§35.130(b)(3) (Section-by-Section Analysis)
Paragraph (b)(3) prohibits the public entity from utilizing criteria or methods of administration that deny individuals with disabilities access to the public entity's services,...
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§35.130(b)(6) (Section-by-Section Analysis)
Paragraph (b)(6) prohibits the public entity from discriminating against qualified individuals with disabilities on the basis of disability in the granting of licenses or...
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Secondary ticket market. (Section-by-Section Analysis)
Secondary ticket market. Section 36.302(f)(7) is a new provision in the final rule that requires a public accommodation to modify its policies, practices, or procedures to ensure...