Accessible. The term accessible was defined in the proposed rule in terms of compliance with the standards in this part, as is common with other accessibility standards. As proposed,...
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Accessible (Preamble, Section-by-Section Analysis)
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Miniature horses. (Section-by-Section Analysis)
Miniature horses. The Department has been persuaded by commenters and the available research to include a provision that would require public entities to make reasonable...
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Program requirements. (Section-by-Section Analysis)
Program requirements. In a unanimous decision, the Supreme Court, in Pennsylvania Department of Corrections v. Yeskey, 524 U.S. 206 (1998), stated explicitly that the ADA covers the...
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Ticket prices. (Section-by-Section Analysis)
Ticket prices. In the NPRM, the Department proposed § 35.138(e) requiring that ticket prices for accessible seating be set no higher than the prices for other seats in that seating...
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Ticket transfer. (Section-by-Section Analysis)
Ticket transfer. The Department received many comments asking whether accessible seating has the same transfer rights as general seats. The proposed regulation at § 35.138(e)...
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Discrimination prohibited. (Section-by-Section Analysis)
Discrimination prohibited. In the NPRM, § 35.152(b)(1) proposed language stating that public entities are prohibited from excluding qualified detainees and inmates from participation...
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Examinations and Courses. (Section-by-Section Analysis)
Examinations and Courses. The Department received one comment requesting that it specifically include language regarding examinations and courses in the title II regulation. Because...
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Dispersion of Cells. (Section-by-Section Analysis)
Dispersion of Cells. The NPRM did not contain express language addressing dispersion of cells in a facility. However, Advisory 232.2 of the 2004 ADAAG recommends that ‘‘[a]ccessible...
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Medical facilities. (Section-by-Section Analysis)
Medical facilities. The NPRM also did not propose language addressing the application of the 2004 ADAAG to medical and long-term care facilities in correctional and detention...
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Species limitations. (Section-by-Section Analysis)
Species limitations. When the Department originally issued its title III regulation in the early 1990s, the Department did not define the parameters of acceptable animal species. At...
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Breed limitations. (Section-by-Section Analysis)
Breed limitations. A few commenters suggested that certain breeds of dogs should not be allowed to be used as service animals. Some suggested that the Department should defer to...
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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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Section 36.303 Auxiliary Aids and Services (Preamble, Section-by-Section Analysis)
In its analysis of the ADA’s auxiliary aids requirement for public accommodations, the House Education and Labor Committee stated that it ‘‘expects’’ that ‘‘public accommodation(s) will...
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Section 36.303 Auxiliary Aids and Services (Section-By-Section Analysis and Response to Comments)
Section 36.303 Auxiliary Aids and Services (Section-By-Section Analysis and Response to Comments) Section 36.303 of the final rule requires a public accommodation to take such steps as...
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Section 36.310 Transportation Provided by Public Accommodations (Section-By-Section Analysis and Response to Comments)
Section 36.310 Transportation Provided by Public Accommodations (Section-By-Section Analysis and Response to Comments) Section 36.310 contains specific provisions relating to public accommodations...
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Designed and Constructed for First Occupancy (Section-By-Section Analysis and Response to Comments)
Designed and Constructed for First Occupancy (Section-By-Section Analysis and Response to Comments) According to paragraph (a)(2), a facility is subject to the new construction requirements...
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III-6.0000 ALTERATIONS
Regulatory references: 28 CFR 36.402-36.406; Appendix A....
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Organization of This Rule
The section entitled ‘‘Section-by-Section Analysis and Response to Comments’’ in Appendix A provides a detailed discussion of the changes to the title III regulation....
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4 - Best practices for construction observation
4 - Best practices for construction observation Construction observation is the final step in building an accessible element to meet design and regulatory requirements....
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4 Appendix B to part 36: Analysis and Commentary on the 2010 ADA Standards for Accessible Design
4 Appendix B to part 36: Analysis and Commentary on the 2010 ADA Standards for Accessible Design The following is a discussion of substantive changes in the scoping and technical requirements...
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II-8.0000 ADMINISTRATIVE REQUIREMENTS
Regulatory references: 28 CFR 35.105-35.107; 35.150(c) and (d)....
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Section 36.308 Seating in Assembly Areas (Section-by-Section Analysis)
Section 36.308 Seating in Assembly Areas (Section-by-Section Analysis) In the 1991 rule, § 36.308 covered seating obligations for public accommodations in assembly areas....
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"Video Remote Interpreting" (VRI) Services (Section-by-Section Analysis)
‘‘Video Remote Interpreting'' (VRI) Services (Section-by-Section Analysis) In the NPRM, the Department proposed adding Video Interpreting Services (VIS) to the list of auxiliary aids...
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Section 36.308 Seating in Assembly Areas (Section-By-Section Analysis and Response to Comments)
Section 36.308 Seating in Assembly Areas (Section-By-Section Analysis and Response to Comments) Section 36.308 establishes specific requirements for removing barriers to physical access...