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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Miniature horses. (Section-by-Section Analysis)
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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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Division of the State Architect and Department of Rehabilitation-Disability Community Access Code Issues Teleconference Transcript, August 10, 2016
Teleconference presented by the Division of the State Architect and Department of Rehabilitation on August 10, 2016 DSA and the Department of Rehabilitation (DOR) jointly conducted a preliminary...
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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...
