Sections 206.2.10, 235.2 and 235.3 of the 2004 ADAAG require a specified number of boat slips and boarding piers at boat launch ramps to be accessible and connected to an accessible...
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Boating facilities. (Section-by-Section Analysis)
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Dispersion of cells. (Section-by-Section Analysis)
In the 2004 ADAAG, Advisory 232.2 recommends that "[a]ccessible cells or rooms should be dispersed among different levels of security, housing categories, and holding classifications...
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"Direct Threat" (Section-by-Section Analysis)
In the Department's proposed § 35.136(b)(3), a service animal may be removed from the premises of a public entity if the animal poses a direct threat to the health or safety of...
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"Proposed Standards" (Section-by-Section Analysis)
The Department has added the term "proposed standards" to mean the 2004 ADAAG as revised or amended by the Department in this rulemaking. The full text of the 2004 ADAAG is...
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"Task" emphasis. (Section-by-Section Analysis)
Many commenters followed the lead of an umbrella service dog organization and suggested that the phrase "performing tasks" should form the basis of the service animal definition,...
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"Qualified Reader" (Section-by-Section Analysis)
The current regulation identifies a qualified reader as an auxiliary aid, but it does not define the term. See 28 CFR 35.104(2). Based upon the Department's investigation of...
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Define "task." (Section-by-Section Analysis)
One commenter suggested defining the term "task," presumably so that there would be a better understanding of what type of service performed by an animal would qualify for coverage. ...
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"Minimal protection." (Section-by-Section Analysis)
There were many comments by service dog users urging the Department to remove from the definition the phrase "providing minimal protection." The commenters set forth the following...
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Comfort animals. (Section-by-Section Analysis)
It is important to address the concept of comfort animals or emotional support animals, which have become increasingly popular. The increased use of comfort animals is primarily by...
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Wading pools. (Section-by-Section Analysis)
Section 242.3 of the 2004 ADAAG provides that newly constructed or altered wading pools must provide at least one sloped means of entry to the deepest part of the pool. The...
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Compliance date. (Section-by-Section Analysis)
Compliance date. When the ADA was enacted, the compliance dates for various provisions were delayed in order to provide time for covered entities to become familiar with their new...
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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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Training requirement. (Section-by-Section Analysis)
Training requirement. Certain commenters recommended the adoption of formal training requirements for service animals. The Department has rejected this approach and will not impose...
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Ticket prices. (Section-by-Section Analysis)
Ticket prices. In the NPRM, the Department proposed § 36.302(f)(7) requiring that ticket prices for accessible seating be set no higher than the prices for other seats in that...
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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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Public entity (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 district,...
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Test B (Section-by-Section Analysis)
Test B -- A record of such an impairment This test is intended to cover those who have a record of an impairment. As explained in paragraph (3) of the rule's definition of...
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Qualified interpreter (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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§35.130(c) (Section-by-Section Analysis)
Paragraph (c) provides that nothing in this part prohibits a public entity from providing benefits, services, or advantages to individuals with disabilities, or to a particular class...
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§35.130(g) (Section-by-Section Analysis)
Paragraph (g), which prohibits discrimination on the basis of an individual's or entity's known relationship or association with an individual with a disability, is based on sections...
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§35.131(b) (Section-by-Section Analysis)
Paragraph (b) provides a limited exception to the exclusion of current illegal users of drugs from the protections of the Act. It prohibits denial of health services, or services...
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§35.130(f) (Section-by-Section Analysis)
Paragraph (f) provides that a public entity may not place a surcharge on a particular individual with a disability, or any group of individuals with disabilities, to cover any costs...
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§35.131(c) (Section-by-Section Analysis)
Paragraph (c) expresses Congress' intention that the Act be neutral with respect to testing for illegal use of drugs. This paragraph implements the provision in section 510(b) of the...
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Individual with a disability (Section-by-Section Analysis)
"Individual with a disability" means a person who has a disability but does not include an individual who is currently illegally using drugs, when the public entity acts on the basis...