Treatment of ‘‘manually-powered mobility aids.'' The Department's NPRM did not define the term ‘‘manually-powered mobility aids.'' Instead, the NPRM included a non-exhaustive list of...
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Treatment of "manually-powered mobility aids.'' (Section-by-Section Analysis)
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Section 36.303 Auxiliary Aids and Services (Section-by-Section Analysis)
Section 36.303 Auxiliary Aids and Services Section 36.303(a) of the 1991 title III regulation requires a public accommodation to take such steps as may be necessary to ensure that...
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Appendix F to Part 36—Guidance and Section-by-Section Analysis
[AG Order 3779-2016, 81 FR 87379, Dec. 2, 2016]
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Responsibility for supervision and care of a service animal. (Section-by-Section Analysis)
Responsibility for supervision and care of a service animal. The 1991 title III regulation, in § 36.302(c)(2), states that ‘‘[n]othing in this part requires a public accommodation to...
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Guarantees of reservations for accessible guest rooms. (Section-by-Section Analysis)
Guarantees of reservations for accessible guest rooms. The Department recognizes that not all reservations are guaranteed, and the rule does not impose an affirmative duty to...
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255 Chapter 1: Application and Administration (Section-by-Section Analysis)
This chapter proposes general requirements reflecting the purpose of the 255 Guidelines (C101.1). It lists referenced standards and where they may be obtained (C102), and provides...
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508 Chapter 2: Scoping Requirements (Section-by-Section Analysis)
This chapter proposes scoping for ICT that is procured, developed, maintained or used by federal agencies—that is, the types of ICT that would be required to conform to the proposed...
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B. 508 Standards: Application and Scoping (Section-by-Section Analysis)
[See subsections ...]
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Chapter 3: Functional Performance Criteria (Section-by-Section Analysis)
Chapter 3 contains proposed functional performance criteria, which are outcome-based provisions that apply when applicable technical requirements (i.e., Chapters 4 and 5) do not...
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Chapter 6: Support Documentation and Services (Section-by-Section Analysis)
Chapter 6 covers accessibility requirements for ICT support documentation and services. This section also would require support services such as help desks, call centers, training...
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Hold and release of unsold accessible seating. (Section-by-Section Analysis)
Hold and release of unsold accessible seating. The Department recognizes that not all accessible seating will be sold in all assembly areas for every event to individuals with...
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508 Chapter 1: Application and Administration (Section-by-Section Analysis)
This chapter proposes general requirements reflecting the purpose of the 508 Standards (E101.1). It also proposes criteria for equivalent facilitation (E101.2), lists referenced...
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Section 36.202(c) (Section-By-Section Analysis and Response to Comments)
Separate benefit -- Section 36.202(c) permits different or separate benefits or services only when necessary to provide persons with disabilities opportunities as effective as those...
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Check-out Aisles (Section-By-Section Analysis and Response to Comments)
- Not all check-out aisles are required to be accessible.
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Specified public transportation (Section-By-Section Analysis and Response to Comments)
"Specified public transportation.'' The definition of "specified public transportation'' is identical to the statutory definition in section 301(10) of the ADA. The term means...
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Section 36.202 Activities (Section-By-Section Analysis and Response to Comments)
Section 36.202 Activities Section 36.202 sets out the general forms of discrimination prohibited by title III of the ADA. These general prohibitions are further refined by the...
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Scoping for Text Telephones (Section-By-Section Analysis and Response to Comments)
- Scoping for TDD's or text telephones was increased. One TDD or text telephone, for speech and hearing impaired persons, must be provided at locations with 4, rather than 6, pay...
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Section 36.201(b) (Section-By-Section Analysis and Response to Comments)
The first sentence of paragraph (b) of Sec.36.201 reiterates the general principle that both the landlord that owns the building that houses the place of public accommodation, as...
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Section 36.208(c) (Section-By-Section Analysis and Response to Comments)
Paragraph (c) establishes the test to use in determining whether an individual poses a direct threat to the health or safety of others. A public accommodation is required to make an...
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Accessible Hotel Rooms (Section-By-Section Analysis and Response to Comments)
- Rather than requiring 5% of new hotel rooms to be accessible to people with mobility impairments, between 2 and 4% accessibility (depending on total number of rooms) is required....
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Illegal use of drugs (Section-By-Section Analysis and Response to Comments)
"Illegal use of drugs.'' The definition of "illegal use of drugs'' is taken from section 510(d)(1) of the Act and clarifies that the term includes the illegal use of one or more...
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Section 36.208(b) (Section-By-Section Analysis and Response to Comments)
Paragraph (b) of this section explains that a "direct threat'' is a significant risk to the health or safety of others that cannot be eliminated by a modification of policies,...
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Hold-and-release of unsold accessible seating. (Section-by-Section Analysis)
Hold-and-release of unsold accessible seating. The Department recognizes that not all accessible seating will be sold in all assembly areas for every event to individuals with...
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Responsibility for supervision and care of a service animal. (Section-by-Section Analysis)
Responsibility for supervision and care of a service animal. The NPRM proposed language at § 35.136(e) stating that ‘‘[a] public entity is not responsible for caring for or...