Subpart C -- Specific Requirements In general, subpart C implements the "specific prohibitions'' that comprise section 302(b)(2) of the ADA. It also addresses the requirements of...
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Subpart C -- Specific Requirements (Preamble, Section-by-Section Analysis)
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Individual audio description listening device (Section-by-Section Analysis)
In § 36.303(g)(1)(iii), the Department is proposing to define “individual audio description listening device” as the individual device that patrons may use at their seats to hear...
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Definitions of residential facilities and transient lodging. (Section-by-Section Analysis)
The 2004 ADAAG adds a definition of "residential dwelling unit" and modifies the current definition of "transient lodging" in the 1991 Standards. Under section 106.5 of the 2004...
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Fraudulent purchase of designated accessible seating. (Section-by-Section Analysis)
The Department has received numerous comments regarding fraudulent attempts to purchase wheelchair spaces for patrons other than those who use wheelchairs. Moreover, the Department...
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Change "service animal" to "assistance animal." (Section-by-Section Analysis)
Some commenters asserted that "assistance animal" is a term of art and should replace "service animal." While some agencies, like the Department of Housing and Urban Development...
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Season tickets and multiple event sales. (Section-by-Section Analysis)
Proposed § 36.302(f)(5) addresses the sale of season tickets and other tickets for multiple events. The proposed rule provides that public accommodations must sell season tickets or...
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Sell-outs in specific seating areas. (Section-by-Section Analysis)
Under the second contingency, proposed § 36.302(f)(6)(ii), a facility could release unsold accessible seating in a specific seating area if all of the standard seats in that location...
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Section 36.308 Seating in Assembly Areas (Section-by-Section Analysis)
The Department is proposing to revise this section to be consistent with revisions in the proposed requirements applicable to new construction and alterations. The purpose of the...
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Section 36.211 Maintenance of accessible features (Section-by-Section Analysis)
The general rule regarding the maintenance of accessible features, which provides that a public accommodation must maintain in operable working condition those features of facilities...
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Section 36.403 Alterations and Path of Travel (Section-by-Section Analysis)
The Department is proposing one change to § 36.403 on alterations and path of travel by adding a path of travel safe harbor. Proposed § 36.403(a)(1) states that if a private entity...
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Subpart D-New Construction and Alterations (Section-by-Section Analysis)
Subpart D establishes the title III requirements applicable to new construction and alterations. The Department is proposing to amend this subpart to adopt the proposed standards...
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Section 36.303 Auxiliary Aids and Services (Section-by-Section Analysis)
[See subsections ...]
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Section 36.302(c) Service Animals (Section-by-Section Analysis)
The Department's regulation now states that "[g]enerally, a public accommodation shall modify policies, practices, or procedures to permit the use of a service animal by an...
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Section 36.406(c) Places of Lodging (Section-by-Section Analysis)
The Department is proposing to add a new § 36.406(c) to clarify the scope of coverage for places of lodging. For many years the Department has received inquiries from members of the...
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General comments regarding safe harbor. (Section-by-Section Analysis)
The Department received numerous comments on this option in the ANPRM. Generally, covered entities favored a safe harbor, while entities representing individuals with disabilities...
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Section 36.406(f) Assembly Areas (Section-by-Section Analysis)
The Department is proposing a new § 36.406(f) to supplement the assembly areas requirements in the proposed standards. This provision would impose four additional...
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Accessible Cells in Detention and Correctional Facilities (Section-by-Section Analysis)
Through complaints received, investigations, and compliance reviews of jails, prisons, and other detention and correctional facilities, the Department has found that many detention...
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Sell-outs in specific seating areas. (Section-by-Section Analysis)
Under the second option, § 35.138(f)(2), a facility could release unsold accessible seating in a specific seating area once all of the standard seats in that location were sold out. ...
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Section 35.151(g) Assembly Areas (Section-by-Section Analysis)
The Department is proposing a new § 35.151(g) to supplement the assembly area requirements in the proposed standards. This provision would add five additional...
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Definitions of residential facilities and transient lodging. (Section-by-Section Analysis)
The 2004 ADAAG adds a definition of "residential dwelling unit" and modifies the current definition of "transient lodging." Under section 106.5 of the 2004 ADAAG, a "residential...
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Season tickets and multiple event tickets. (Section-by-Section Analysis)
Section 35.138(e) addresses the sale of season tickets and other tickets for multiple events. The proposed rule provides that public entities must sell season tickets or tickets for...
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Section 35.151 New Construction and Alterations (Section-by-Section Analysis)
Section 35.151, which provides that those buildings that are constructed or altered by, on behalf of, or for the use of a public entity shall be designed, constructed, or altered to...
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Fraudulent purchase of designated accessible seating. (Section-by-Section Analysis)
The Department has received numerous comments regarding fraudulent attempts to purchase wheelchair spaces for patrons other than those who use wheelchairs. Moreover, the Department...
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Change "service animal" to "assistance animal." (Section-by-Section Analysis)
Some commenters asserted that "assistance animal" is a term of art and should replace "service animal." While some agencies, like the Department of Housing and Urban Development...