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 36.201(b) (Section-By-Section Analysis and Response to Comments)
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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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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...
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Video remote interpreting (VRI) services. (Section-by-Section Analysis)
Video remote interpreting (VRI) services. In § 35.160(d) of the NPRM, the Department proposed the inclusion of four performance standards for VRI (which the NPRM termed video...
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Self contained, closed products (Preamble, Section-by-Section Analysis)
Self contained, closed products. This term was not used in the proposed rule and is provided in the final rule as a result of the reorganization of the standards. Self contained,...
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Definitions of residential facilities and transient lodging. (Section-by-Section Analysis)
Definitions of residential facilities and transient lodging. The 2010 Standards add a definition of ‘‘residential dwelling unit'' and modify the current definition of ‘‘transient...
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Prevention of fraud in purchase of accessible seating. (Section-by-Section Analysis)
Prevention of fraud in purchase of accessible seating. Assembly area managers and advocacy groups have informed the Department that the fraudulent purchase of accessible seating is a...
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Treatment of ‘‘manually-powered mobility aids.'' (Section-by-Section Analysis)
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...
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Section 36.403 Alterations: Path of Travel (Section-By-Section Analysis and Response to Comments)
Section 36.403 Alterations: Path of Travel (Section-By-Section Analysis and Response to Comments) Section 36.403 implements the statutory requirement that any alteration that affects...
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5. ESTABLISHING TOLERANCE GUIDELINES
in the California Building Code." 1 The use of predetermined construction tolerance guidelines allows a blanket acceptance of departures from the building code requirements with no analysis...
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The Advance Notice of Proposed Rulemaking
application of the Access Board's revisions once the Department adopts them as revised standards; and (2) to request background information that would assist the Department in preparing a regulatory...
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General Issues
Each topic is discussed in greater detail subsequently in the section-by-section analysis....
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Appendix C to Part 35— Guidance to Revisions to ADA Title II and Title III Regulations Revising the Meaning and Interpretation of the Definition of “Disability” and Other Provisions in Order To Incorporate the Requirements of the ADA Amendments Act
Note: This appendix contains guidance providing a section-by-section analysis of the revisions to 28 CFR parts 35 and 36 published on August 11, 2016....
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Modification in policies, practices, or procedures.
The preamble to § 36.302 of the current title III regulation states that the regulatory language was intended to provide the "broadest feasible access" to individuals with service animals...
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Safe harbor.
Department believes that the program accessibility requirement as it is codified in the current regulation may appropriately mitigate any burdens on public entities without additional regulatory...
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7. Definition and Coverage of Technology with “Closed Functionality”
Report, the Advisory Committee recommended that the Board make a nomenclature change to “closed functionality” from the existing term “self-contained, closed products“ to better reflect a regulatory...
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Section 1194.21 Software Applications and Operating Systems (Preamble, Section-by-Section Analysis)
Section 1194.21 Software Applications and Operating Systems (Preamble, Section-by-Section Analysis) Paragraphs (a) through (l) address provisions for software applications and operating...
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Example 2: Without Cooking Facilities
The following is a general analysis of the compliance requirements for these elements. Storage: Must comply with 225 and 811. Sink: Must comply with 212.3 and 606....
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Path of travel
If the path of travel cannot be made accessible, the grantee must submit to FTA an analysis demonstrating that the cost of making the path of travel accessible is disproportionate to (i.e...
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§ 37.213(e)
(e) The information required to be submitted to the Department shall be sent to the following address: Federal Motor Carrier Safety Administration, Office of Data Analysis & Information...
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28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities NPRM (2008 Title III NPRM)
Transportation Barriers Compliance Board" (Access Board); and perform periodic reviews of any rule judged to have a significant economic impact on a substantial number of small entities, and a regulatory...