• Section 4.1.1, Application Section 4 contains scoping requirements. Section 4.1.1, Application, provides that all areas of newly designed or newly constructed buildings and...
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Section 4.1.1, Application (Preamble, Section-by-Section Analysis)
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B. Chapter 2: Scoping (Section-by-Section Analysis)
In the final rule, Chapter 2 establishes that the enforcing authority will determine the number and types of diagnostic equipment to which the MDE Standards will apply. The Access...
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M303.4.1 Breast Platform Adjustability (Section-by-Section Analysis)
The MDE NPRM proposed a mammography breast platform height range of 30 inches high minimum and 42 inches high maximum above the floor. The Access Board received three comments on...
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M101.3 Existing Diagnostic Equipment (Section-by-Section Analysis)
The MDE NPRM did not address when or how the MDE Standards would be applied to existing medical diagnostic equipment. Commenters raised concerns about the cost of immediate...
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M302.3.3 Head and Back Support (Section-by-Section Analysis)
In the MDE NPRM the Access Board proposed to place the requirements for head and back support for diagnostic equipment used by patients in the seated position in M302. In the final...
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M301.3.3 Head and Back Support (Section-by-Section Analysis)
In the MDE NPRM the Access Board proposed to place the requirements for head and back support for diagnostic equipment used by patients in the supine, prone, or side-lying position...
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A. Chapter 1: Application and Administration (Section-by-Section Analysis)
In the final rule Chapter 1 establishes the purpose and the general requirements for the application of the MDE Standards. This chapter received 21 comments and no recommendations...
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M301.4.2 Clearance Around Base (Section-by-Section Analysis)
The MDE NPRM proposed certain requirements to provide clearance around the base of the diagnostic equipment to allow the legs of the portable floor lift to straddle the base of the...
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Effective date: Time period. (Section-by-Section Analysis)
When the ADA was enacted, the effective dates for various provisions were delayed in order to provide time for covered entities to become familiar with their new obligations. Titles...
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"Video Interpreting Services" (VIS) (Section-by-Section Analysis)
The Department has added a definition of "video interpreting services (VIS)," a technology composed of a video phone, video monitors, cameras, a high-speed Internet connection, and...
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Proposed behavior or training standards. (Section-by-Section Analysis)
Some commenters proposed behavior or training standards for the Department to adopt in its revised regulation, not only to remain in keeping with the requirement for individual...
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Maximum side reach ranges. (Section-by-Section Analysis)
Reach ranges apply to a variety of building elements, including light switches, key pads, electrical outlets, fire alarm pulls, card readers, thermostats, elevator controls, pay...
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Identification of available accessible seating. (Section-by-Section Analysis)
Section 36.302(f)(3) of the proposed rule requires a facility to identify available accessible seating. In the Department's investigations of theaters and stadiums, the Department...
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Section 36.309 Examinations and Courses (Section-by-Section Analysis)
Section 309 of the ADA is intended to fill the gap that is created when licensing, certification, and other testing authorities are not covered by section 504 or title II of the ADA,...
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Section 36.208 Direct Threat (Section-by-Section Analysis)
The proposed regulation moves the definition of direct threat from § 36.208(b) to the definitions section at § 36.104. This is an editorial change. Consequently, § 36.208(c) would...
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"1991 Standards" and "2004 ADAAG" (Section-by-Section Analysis)
The Department is proposing to add to the proposed regulation definitions of both the "1991 Standards" and the "2004 ADAAG." The term "1991 Standards" refers to the currently...
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Identification of accessible guest rooms. (Section-by-Section Analysis)
Proposed § 36.302(e)(2) states that hotel reservations services must identify and describe the accessible features in the hotels and guest rooms. This requirement is integral to...
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Release of unsold accessible seats. (Section-by-Section Analysis)
Proposed § 36.302(f)(6) provides regulatory guidance regarding the release of unsold accessible seats. Through its investigations, the Department has become familiar with the...
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Consultation on auxiliary aid or service. (Section-by-Section Analysis)
A public accommodation should consult with the individual with a disability, wherever possible, to determine what auxiliary aid or service would provide effective communication. In...
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Effective date: Triggering event. (Section-by-Section Analysis)
In the ANPRM, the Department suggested "first use" as an alternative triggering event for facilities that do not require building permits or that do not receive certificates of...
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Companions in health care settings. (Section-by-Section Analysis)
Effective communication is particularly critical in health care settings where miscommunication may lead to misdiagnosis and improper or delayed medical treatment. Under the ADA,...
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Team or player seating areas. (Section-by-Section Analysis)
Section 221.2.1.4 of the 2004 ADAAG requires one or more wheelchair spaces to be provided in each team or player seating area with fixed seats, depending upon the number of seats...
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Section 36.311 Mobility Devices (Section-by-Section Analysis)
Proposed § 36.311 has been added to provide additional guidance to public accommodations about the circumstances in which power-driven mobility devices must be accommodated. As...
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Subpart B-General Requirements (Section-by-Section Analysis)
[See subsections ...]