Unfortunately, where no standards exist, the methods are subject to interpretation and argument. ...
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Q6.) How important is the method of measurement in considering the tolerances allowable in finished construction?
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24. No Other Representations
provision: (i) to preclude any claim that any Party was in any way fraudulently induced to execute this Settlement Agreement; and (ii) to preclude the introduction of parol evidence to vary, interpret...
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Section 36.208(b) Direct Threat (Section-by-Section Analysis)
Section 36.208(b) Direct Threat (Section-by-Section Analysis) The Department has revised the language of § 36.208(b) (formerly § 36.208(c) in the 1991 title III regulation) to include...
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202.3.1 Prohibited Reduction in Access
Department of Justice regulations 28 CFR 35.133 for public entities (Title II) and 28 CFR 36.211 for private entities (Title III) clarify that reduction of accessibility is benchmarked to...
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If the manufacturer states that the design load is 800 pounds, can the transportation operator limit actual use to 600 pounds for safety reasons?
The National Highway Traffic Safety Administration’s (NHTSA) motor vehicle safety regulations require that a wheelchair lift be tested to withstand a 600-pound load....
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C101.1 Purpose (Section-by-Section Analysis)
This section also emphasizes, moreover, that the proposed guidelines are to be applied to the extent required by regulations issued by the Federal Communications Commission under the Telecommunications...
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4.1.3(9)*
, or portions of buildings or facilities, required to be accessible, accessible means of egress shall be provided in the same number as required for exits by local building/life safety regulations...
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V. Utilizing the 2010 Standards
are necessary to ensure that HUD recipients construct or alter buildings and facilities with at least the same degree of accessibility as is currently required under HUD’s Section 504 regulation...
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Equipment and furniture.
In the final title III regulation promulgated in 1991, the Department decided not to include this provision, explaining in the preamble to the regulation that "its requirements are more...
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B. The Legal Landscape
Having an overview of the laws, regulations, and other legal requirements helps to put everything in context....
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§382.133(f)(3)
(3) The maximum weight and dimensions (length, width, height) of the device to be used by an individual that can be accommodated in the aircraft cabin consistent with the safety regulations...
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T103.2 Undefined Terms
Terms not specifically defined in T103.4 or in regulations issued by the Department of Transportation (49 CFR part 37) shall be given their ordinarily accepted meaning in the sense that...
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A. Recipient Responsibilities
education schools that are recipients of Federal financial assistance through Federal student assistance programs or otherwise are subject to all of the requirements of the Department's regulations...
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§ 36.212(a)(3)
(3) A person or organization covered by this part from establishing, sponsoring, observing or administering the terms of a bona fide benefit plan that is not subject to State laws that regulate...
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Sec.36.212(a)(3)
(3) A person or organization covered by this part from establishing, sponsoring, observing or administering the terms of a bona fide benefit plan that is not subject to State laws that regulate...
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1011.11 Handrails
[DSA-AC] For applications listed in Section 1.9.1 regulated by the Division of the State Architect-Access Compliance, see Chapter 11B, Sections 11B-504.6 and 11B-505....
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1011.11 Handrails
[DSA-AC] For applications listed in Section 1.9.1 regulated by the Division of the State Architect-Access Compliance, see Chapter 11B, Sections 11B-504.6 and 11B-505....
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Appendix C to Part 36—Guidance on ADA Regulation on Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities originally published on July 26, 1991 (1991 Preamble and Section-by-Section Analysis)
Click here for the 1991 Preamble and Section-by-Section Analysis
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Two: Does the impairment limit any major life activities?
A major life activity is an activity that is central to daily life.12 According to the Department’s regulations, major life activities include walking, seeing, hearing, breathing, caring...
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12209(c)(5) Construction
--Nothing in this section shall alter the enforcement procedures for individuals with disabilities provided in the General Accounting Office Personnel Act of 1980 and regulations promulgated...
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1630.16(e)(2)
This part does not preempt, modify, or amend any State, county, or local law, ordinance or regulation applicable to food handling which:...
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12209(7) Construction
(7) Construction Nothing in this section shall alter the enforcement procedures for individuals with disabilities provided in the General Accounting Office Personnel Act of 1980 and regulations...
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12143(e)(1)
(1) a failure of a public entity to which the regulations issued under this section apply to submit, or commence implementation of, a plan in accordance with subsections (c)(6) and (c)(7...
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Sec. 12163. Conformance of accessibility standards. [Section 243]
Accessibility standards included in regulations issued under this subpart shall be consistent with the minimum guidelines issued by the Architectural and Transportation Barriers Compliance...