Triggering event. In § 35.151(c)(2) of the NPRM, the Department proposed that the commencement of construction serve as the triggering event for applying the proposed standards to...
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Triggering event. (Section-by-Section Analysis)
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Telecommunications (Preamble, Section-by-Section Analysis)
Telecommunications. The definition for telecommunications is consistent with the definition in the Board's Telecommunications Act Accessibility Guidelines and the definition of...
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Product (Preamble, Section-by-Section Analysis)
Product. The term product is used in the rule as a shorthand for electronic and information technology. No substantive comments were received regarding this definition and no changes...
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Hotel Reservations. (Section-by-Section Analysis)
Hotel Reservations. In the NPRM, at § 36.302(e), the Department proposed adding specific language to title III addressing the requirements that hotels, timeshare resorts, and other...
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Side reach (Section-by-Section Analysis)
Side reach. The 1991 Standards at section 4.2.6 establish a maximum side-reach height of 54 inches. The 2010 Standards at section 308.3 reduce that maximum height to 48 inches. The...
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Agency (Preamble, Section-by-Section Analysis)
Agency. The term agency includes any Federal department or agency, including the United States Postal Service. No substantive comments were received regarding this definition and no...
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New Construction. (Section-by-Section Analysis)
New Construction. The NPRM did not expressly propose that new construction of correctional and detention facilities shall comply with the proposed standards because the Department...
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Accessible (Preamble, Section-by-Section Analysis)
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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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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III-6.0000 ALTERATIONS
Regulatory references: 28 CFR 36.402-36.406; Appendix A....
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1.1.11 Format
aid the code user in determining which chapter or sections within a chapter are applicable to buildings under the authority of a specific state agency, but they are not to be considered regulatory...
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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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4. Benefits of the Proposed Rule
As shown in Table 4 above, the annualized value of monetized benefits from these proposed standards is estimated to be $69.1 million over the 10-year analysis period (assuming a 7 percent...