Section 36.402 Alterations Sections 36.402–36.405 implement section 303(a)(2) of the Act, which requires that alterations to existing facilities be made in a way that ensures that...
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Section 36.402 Alterations (Preamble, Section-by-Section Analysis)
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Section 4.1.5, Additions (Preamble, Section-by-Section Analysis)
• Section 4.1.5, Additions Each addition to an existing building or facility is regarded as an alteration subject to §§ 36.402 through 36.406 of subpart D, including the date...
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Section 36.201 General (Preamble, Section-by-Section Analysis)
Section 36.201 General
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Section 36.104 Definitions (Preamble, Section-by-Section Analysis)
Section 36.104 Definitions
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Check-out Aisles (Preamble, Section-by-Section Analysis)
- Not all check-out aisles are required to be accessible.
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Section 36.101 Purpose (Preamble, Section-by-Section Analysis)
Section 36.101 Purpose Section 36.101 states the purpose of the rule, which is to effectuate title III of the Americans with Disabilities Act of 1990. This title prohibits...
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Section 4.1.1, Application (Preamble, Section-by-Section Analysis)
• Section 4.1.1, Application Section 4 contains scoping requirements. Section 4.1.1, Application, provides that all areas of newly designed or newly constructed buildings and...
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B. Chapter 2: Scoping (Section-by-Section Analysis)
In the final rule, Chapter 2 establishes that the enforcing authority will determine the number and types of diagnostic equipment to which the MDE Standards will apply. The Access...
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M303.4.1 Breast Platform Adjustability (Section-by-Section Analysis)
The MDE NPRM proposed a mammography breast platform height range of 30 inches high minimum and 42 inches high maximum above the floor. The Access Board received three comments on...
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M101.3 Existing Diagnostic Equipment (Section-by-Section Analysis)
The MDE NPRM did not address when or how the MDE Standards would be applied to existing medical diagnostic equipment. Commenters raised concerns about the cost of immediate...
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M302.3.3 Head and Back Support (Section-by-Section Analysis)
In the MDE NPRM the Access Board proposed to place the requirements for head and back support for diagnostic equipment used by patients in the seated position in M302. In the final...
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M301.3.3 Head and Back Support (Section-by-Section Analysis)
In the MDE NPRM the Access Board proposed to place the requirements for head and back support for diagnostic equipment used by patients in the supine, prone, or side-lying position...
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A. Chapter 1: Application and Administration (Section-by-Section Analysis)
In the final rule Chapter 1 establishes the purpose and the general requirements for the application of the MDE Standards. This chapter received 21 comments and no recommendations...
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M301.4.2 Clearance Around Base (Section-by-Section Analysis)
The MDE NPRM proposed certain requirements to provide clearance around the base of the diagnostic equipment to allow the legs of the portable floor lift to straddle the base of the...
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Standards for Individual Captioning Devices (Section-by-Section Analysis)
The Department received a number of comments for specific performance standards for individual captioning devices. These commenters wanted the Department to ensure that the text...
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Effective date: Time period. (Section-by-Section Analysis)
When the ADA was enacted, the effective dates for various provisions were delayed in order to provide time for covered entities to become familiar with their new obligations. Titles...
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"Video Interpreting Services" (VIS) (Section-by-Section Analysis)
The Department has added a definition of "video interpreting services (VIS)," a technology composed of a video phone, video monitors, cameras, a high-speed Internet connection, and...
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Proposed behavior or training standards. (Section-by-Section Analysis)
Some commenters proposed behavior or training standards for the Department to adopt in its revised regulation, not only to remain in keeping with the requirement for individual...
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Maximum side reach ranges. (Section-by-Section Analysis)
Reach ranges apply to a variety of building elements, including light switches, key pads, electrical outlets, fire alarm pulls, card readers, thermostats, elevator controls, pay...
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Identification of available accessible seating. (Section-by-Section Analysis)
Section 36.302(f)(3) of the proposed rule requires a facility to identify available accessible seating. In the Department's investigations of theaters and stadiums, the Department...
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Secondary market ticket sales. (Section-by-Section Analysis)
The Department is aware that the proposed rule may represent a significant change in practice for many public accommodations with respect to "secondary market" ticket sales. ...
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Section 36.309 Examinations and Courses (Section-by-Section Analysis)
Section 309 of the ADA is intended to fill the gap that is created when licensing, certification, and other testing authorities are not covered by section 504 or title II of the ADA,...
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Section 36.208 Direct Threat (Section-by-Section Analysis)
The proposed regulation moves the definition of direct threat from § 36.208(b) to the definitions section at § 36.104. This is an editorial change. Consequently, § 36.208(c) would...
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"1991 Standards" and "2004 ADAAG" (Section-by-Section Analysis)
The Department is proposing to add to the proposed regulation definitions of both the "1991 Standards" and the "2004 ADAAG." The term "1991 Standards" refers to the currently...