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ADA+ Facilities Compliance Services
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Section 1193.43 Output, display, and control functions [1193.37 in the NPRM] (Section-by-Section Analysis)
Section 1193.43 Output, display, and control functions [1193.37 in the NPRM] (Section-by-Section Analysis) Section 1193.43 applies to output, display, and control functions which are...
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General Substantive Requirements of the New Construction Provisions (Section-By-Section Analysis and Response to Comments)
General Substantive Requirements of the New Construction Provisions (Section-By-Section Analysis and Response to Comments) The rule requires, as does the statute, that covered newly constructed...
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1. Purpose and Need for Rule and Scope of Regulatory Assessment
The purpose of the Final RA is to capture the incremental costs of the rulemaking....
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Section 36.213 Relationship of Subpart 8 to Subparts C and D (Section-By-Section Analysis and Response to Comments)
Section 36.213 Relationship of Subpart 8 to Subparts C and D (Section-By-Section Analysis and Response to Comments) This section explains that subpart B sets forth the general principles...
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3.7 How Does an Employer Determine What Is a Reasonable Accommodation?
provide an accommodation that is effective for the individual (gives the individual an equally effective opportunity to apply for a job, perform essential job functions, or enjoy equal benefits...
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1. Claims
Title II of the ADA provides that "no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services...
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Open Captioning (or Other Technologies) as an Option for Compliance (Section-by-Section Analysis)
With open movie captioning, there is no need for additional equipment to display the captions and, therefore, there is no additional cost to the theaters. ...
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Section 36.406(e) Housing at a Place of Education (Section-by-Section Analysis)
How would the different requirements affect the cost when building new dormitories and other student housing?...
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Section 35.151(f) Housing at a Place of Education (Section-by-Section Analysis)
How would the different requirements affect the cost when building new dormitories and other student housing? Please provide examples, if possible....
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Reduced scoping for public accommodations, small facilities, and qualified small businesses. (Section-by-Section Analysis)
reduced scoping for a select few specifications in the context of barrier removal is a moderate and reasonable response to business entities' concerns about the potential for increased costs...
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Section 36.212 Insurance (Preamble, Section-by-Section Analysis)
Numerous commenters cited pervasive problems in the availability and cost of insurance for individuals with disabilities and parents of children with disabilities....
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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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Legal standard for other power-driven mobility devices. (Section-by-Section Analysis)
modifications can be made to allow other power-driven mobility devices, preferring instead that the Department issue guidance materials so that public accommodations would not have to incur the cost...
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Legal standard for other power-driven mobility devices. (Section-by-Section Analysis)
modifications can be made to allow other power-driven mobility devices, preferring instead that the Department issue guidance materials so that public entities would not have to incur the cost...
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‘‘Act.’’ (Preamble, Section-by-Section Analysis)
‘‘Act.’’ The word ‘‘Act’’ is used in the regulation to refer to the Americans with Disabilities Act of 1990, Pub. L. 101–336, which is also referred to as the ‘‘ADA.’’
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Alerting to intruders. (Section-by-Section Analysis)
Alerting to intruders. The phrase ‘‘alerting to intruders'' is related to the issues of minimal protection and the work or tasks an animal may perform to meet the definition of a...
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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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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 § 36.302(f)(5)...
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‘‘Drug.’’ (Preamble, Section-by-Section Analysis)
‘‘Drug.’’ The definition of the term ‘‘drug’’ is taken from section 510(d)(2) of the ADA.
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‘‘Facility.’’ (Preamble, Section-by-Section Analysis)
"Facility.'' "Facility'' means all or any portion of buildings, structures, sites, complexes, equipment, rolling stock or other conveyances, roads, walks, passageways, parking lots,...
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Section-By-Section Analysis and Response to Comments
[See subsections ...]
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‘‘Commerce.’’ (Preamble, Section-by-Section Analysis)
‘‘Commerce.’’ The definition of ‘‘commerce’’ is identical to the statutory definition provided in section 301(l) of the ADA. It means travel, trade, traffic, commerce,...