Section 35.150(b)(2) Safe harbor (Section-by-Section Analysis) The ‘‘program accessibility'' requirement in regulations implementing title II of the Americans with Disabilities Act requires...
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Section 35.150(b)(2) Safe harbor (Section-by-Section Analysis)
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Section 36.309 Examinations and Courses (Section-by-Section Analysis)
Section 36.309 Examinations and Courses (Section-by-Section Analysis) Section 36.309(a) sets forth the general rule that any private entity that offers examinations or courses relating...
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§27.7(b)(1)(ii)
(ii) Afford a qualified person with a disability an opportunity to participate in or benefit from the aid, benefit, or service that is not substantially equal to that afforded persons who...
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CASI California Survey Reports Acceptance Criteria - Equivalent Facilitation AC 01-12
This document establishes a process for determining alternative methods of access compliance where none exist, and which can be achieved by (1) analyzing inherent benefits, advantages and...
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E103.4 Remaining Terms (Section-by-Section Analysis)
The remaining twelve proposed new terms would be added to aid stakeholder understanding of particular requirements or criteria in the 508 Standards. Definitions for the terms...
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E103.4 Authoring Tool (Section-by-Section Analysis)
The term “authoring tool” would be defined to mean “any software, or collection of software components, that can be used by authors, alone or collaboratively, to create or modify...
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Work Areas (Preamble, Section-by-Section Analysis)
Work Areas Proposed paragraph 36.401(b) addressed access to employment areas, rather than to the areas where goods or services are being provided. The preamble noted that the...
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‘‘Individual with a disability’’ (Preamble, Section-by-Section Analysis)
‘‘Individual with a disability’’ means a person who has a disability but does not include an individual who is currently illegally using drugs, when the public accommodation acts on...
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Historic Facilities (Preamble, Section-by-Section Analysis)
- As mandated by the ADA, the Board has established a procedure to be followed with respect to alterations to historic facilities.
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Subpart A -- General (Preamble, Section-by-Section Analysis)
Subpart A -- General
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Public Entrances (Preamble, Section-by-Section Analysis)
- Generally, at least 50% of public entrances to new buildings must be accessible, rather than all entrances, as would often have resulted from the proposed approach.
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Areas of Refuge (Preamble, Section-by-Section Analysis)
- Areas of refuge (areas with direct access to a stairway, and where people who cannot use stairs may await assistance during a emergency evacuation) will be required, as proposed,...
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‘‘Commercial facilities’’ (Preamble, Section-by-Section Analysis)
‘‘Commercial facilities’’ are those facilities that are intended for nonresidential use by a private entity and whose operations affect commerce. As explained under § 36.401, ‘‘New...
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"Religious entity.'' (Preamble, Section-by-Section Analysis)
"Religious entity.'' The term "religious entity'' is defined in accordance with section 307 of the ADA as a religious organization or entity controlled by a religious organization,...
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General Comments (Preamble, Section-by-Section Analysis)
General Comments One commenter urged the Department to move all or portions of subpart D, New Construction and Alterations, to the appendix (ADAAG) or to duplicate portions of...
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Section 36.201(a) (Preamble, Section-by-Section Analysis)
Section 36.201(a) contains the general rule that prohibits discrimination on the basis of disability in the full and equal enjoyment of goods, services, facilities, privileges,...
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"Private entity.'' (Preamble, Section-by-Section Analysis)
"Private entity.'' The term "private entity'' is defined as any individual or entity other than a public entity. It is used as part of the definition of "public accommodation'' in...
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‘‘Private club.’’ (Preamble, Section-by-Section Analysis)
‘‘Private club.’’ The term ‘‘private club’’ is defined in accordance with section 307 of the ADA as a private club or establishment exempted from coverage under title II of the Civil...
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"Public accommodation.'' (Preamble, Section-by-Section Analysis)
"Public accommodation.'' The term "public accommodation'' means a private entity that owns, leases (or leases to), or operates a place of public accommodation. The regulatory term,...
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Structural Impracticability (Preamble, Section-by-Section Analysis)
Structural Impracticability Proposed § 36.401(c) is included in the final rule with minor changes. It details a statutory exception to the new construction requirement: the...
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Sales Counters (Preamble, Section-by-Section Analysis)
- The final guidelines provide greater flexibility in providing access to sales counters, and no longer require a portion of every counter to be accessible.
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Homeless Shelters (Preamble, Section-by-Section Analysis)
- The proposed rule reserved the provisions on alterations to homeless shelters. The final guidelines apply alterations requirements to homeless shelters, but the requirements are...
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"Qualified interpreter.'' (Preamble, Section-by-Section Analysis)
"Qualified interpreter.'' The Department received substantial comment regarding the lack of a definition of "qualified interpreter.'' The proposed rule defined auxiliary aids and...
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"Public entity.'' (Preamble, Section-by-Section Analysis)
"Public entity.'' The term "public entity'' is defined in accordance with section 201(1) of the ADA as any State or local government; any department, agency, special purpose...