It details a statutory exception to the new construction requirement: the requirement that new construction be accessible does not apply where an entity can demonstrate that it is structurally...
Search Results "New Construction"
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Structural Impracticability (Preamble, Section-by-Section Analysis)
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Elevator Exemption (Preamble, Section-by-Section Analysis)
Elevator Exemption Section 36.401(d) implements the ‘‘elevator exemption’’ for new construction in section 303(b) of the ADA....
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§35.151 New construction and alterations. (Section-by-Section Analysis)
§35.151 New construction and alterations. ...
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§ 36.304(g) Limitation on barrier removal obligations
(g) Limitation on barrier removal obligations.
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§ 36.304(g)(2)
To the extent that relevant standards for alterations are not provided in subpart D of this part, then the requirements of §36.304 shall not be interpreted to exceed the standards for new...
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Section 36.406 Standards for New Construction and Alterations (Preamble, Section-by-Section Analysis)
Section 36.406 Standards for New Construction and Alterations Section 36.406 implements the requirements of sections 306(b) and 306(c) of the Act, which require the Attorney General to...
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Section 4.1.2, Accessible Sites and Exterior Facilities: New Construction (Preamble, Section-by-Section Analysis)
• Section 4.1.2, Accessible Sites and Exterior Facilities: New Construction This section addresses exterior features, elements, or spaces such as parking, portable toilets, and exterior...
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Section 4.1.3, Accessible Buildings: New Construction (Preamble, Section-by-Section Analysis)
• Section 4.1.3, Accessible Buildings: New Construction This section establishes scoping requirements for new construction of buildings and facilities....
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§ 36.308 Seating in assembly areas.
A public accommodation shall ensure that wheelchair spaces and companion seats are provided in each specialty seating area that provides spectators with distinct services or...
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§ 36.401 New construction.
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§ 36.401(a) General
(a) General.
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§ 36.401(a)(2)
(2) For purposes of this section, a facility is designed and constructed for first occupancy after January 26, 1993, only –...
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§ 36.401(a)(2)(i)
(i) If the last application for a building permit or permit extension for the facility is certified to be complete, by a State, County, or local government after January 26, 1992...
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§ 36.401(a)(2)(ii)
(ii) If the first certificate of occupancy for the facility is issued after January 26, 1993.
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§ 36.401(b) Commercial facilities located in private residences.
(b) Commercial facilities located in private residences.
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§ 36.401(c) Exception for structural impracticability.
(c) Exception for structural impracticability.
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§ 36.401(d) Elevator exemption.
(d) Elevator exemption.
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§ 36.401(d)(1)
(1) For purposes of this paragraph (d) –
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§ 36.401(d)(1)(i)
(i) Professional office of a health care provider means a location where a person or entity regulated by a State to provide professional services related to the physical or mental...
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§ 36.401(d)(1)(ii)
(ii) Shopping center or shopping mall means –
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§ 36.401(d)(2)
(2) This section does not require the installation of an elevator in a facility that is less than three stories or has less than 3000 square feet per story, except with respect to...
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§ 36.401(d)(2)(i)
(i) A shopping center or shopping mall, or a professional office of a health care provider.
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§ 36.401(d)(2)(ii)
(ii) A terminal, depot, or other station used for specified public transportation, or an airport passenger terminal. In such a facility, any area housing passenger services,...
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§ 36.401(d)(3)
(3) The elevator exemption set forth in this paragraph (d) does not obviate or limit, in any way the obligation to comply with the other accessibility requirements established in...