2010 ADA Definition
Place of Public Accommodation: Place of public accommodation means a facility operated by a private entity whose operations affect commerce and fall within at least one of the following categories –
(1) Place of lodging, except for an establishment located within a facility that contains not more than five rooms for rent or hire and that actually is occupied by the proprietor of the establishment as the residence of the proprietor. For purposes of this part, a facility is a "place of lodging" if it is – (i) An inn, hotel, or motel; or
(ii) A facility that – (A) Provides guest rooms for sleeping for stays that primarily are short-term in nature (generally 30 days or less) where the occupant does not have the right to return to a specific room or unit after the conclusion of his or her stay; and
(B) Provides guest rooms under conditions and with amenities similar to a hotel, motel, or inn, including the following – (1) On- or off-site management and reservations service;
(2) Rooms available on a walk-up or call-in basis;
(3) Availability of housekeeping or linen service; and
(4) Acceptance of reservations for a guest room type without guaranteeing a particular unit or room until check-in, and without a prior lease or security deposit.
(2) A restaurant, bar, or other establishment serving food or drink;
(3) A motion picture house, theater, concert hall, stadium, or other place of exhibition or entertainment;
(4) An auditorium, convention center, lecture hall, or other place of public gathering;
(5) A bakery, grocery store, clothing store, hardware store, shopping center, or other sales or rental establishment;
(6) A laundromat, dry-cleaner, bank, barber shop, beauty shop, travel service, shoe repair service, funeral parlor, gas station, office of an accountant or lawyer, pharmacy, insurance office, professional office of a health care provider, hospital, or other service establishment;
(7) A terminal, depot, or other station used for specified public transportation;
(8) A museum, library, gallery, or other place of public display or collection;
(9) A park, zoo, amusement park, or other place of recreation;
(10) A nursery, elementary, secondary, undergraduate, or postgraduate private school, or other place of education;
(11) A day care center, senior citizen center, homeless shelter, food bank, adoption agency, or other social service center establishment; and
(12) A gymnasium, health spa, bowling alley, golf course, or other place of exercise or recreation.
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Rulemaking Process Documents > NPRMS > 36 CFR Part 1190, Proposed Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way: Notice of Proposed Rulemaking (NPRM)
R301 General (Section-by-Section Analysis)
R301 General (Section-by-Section Analysis)
The technical requirements in Chapter R3 apply where required by the scoping requirements in Chapter R2, or where referenced by another...
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Rulemaking Process Documents > NPRMS > 36 CFR Part 1190, Proposed Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way: Notice of Proposed Rulemaking (NPRM)
R103 Conventions (Section-by-Section Analysis)
R103 Conventions (Section-by-Section Analysis)
Conventional industry tolerances apply where dimensions are not stated as a range. Where the required number of accessible...
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Rulemaking Process Documents > NPRMS > 36 CFR Part 1190, Proposed Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way: Notice of Proposed Rulemaking (NPRM)
Availability of Proposed Guidelines with Figures
Availability of Proposed Guidelines with Figures
The proposed guidelines will be codified as an appendix to 36 CFR part 1190. In the past, the Architectural and Transportation...
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Rulemaking Process Documents > NPRMS > 36 CFR Part 1190, Proposed Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way: Notice of Proposed Rulemaking (NPRM)
R102 Equivalent Facilitation (Section-by-Section Analysis)
R102 Equivalent Facilitation (Section-by-Section Analysis)
The use of alternative designs, products, or technologies that result in substantially equivalent or greater...
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Research and History > Regulations and Standards History > Americans with Disabilities Act 25th Anniversary Timeline - Disability & Employment
Independent Living Movement
Independent Living Movement
________________________________________________________________
1972
Ed Roberts and other University of California, Berkeley, students found...
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Federal Documents > Regulations > 28 CFR Part 35 Nondiscrimination on the Basis of Disability in State and Local Government Services (2010 ADA Title II Regulations with amendments issued through Aug. 2016)
§ 35.150(b)(2)(i) Safe harbor
(i) Safe harbor. Elements that have not been altered in existing facilities on or after March 15, 2012 and that comply with the corresponding technical and scoping specifications for...
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State and Local Documents > Codes and Standards > Elimination of Architectural Barriers - Administrative Rules of the TDLR, 16 Texas Administrative Code, Chapter 68
68.102(b) Estimated cost of construction
(b) For purposes of registration, the estimated cost of construction for the project shall be based on the pedestrian elements only. Construction documents submitted for review are...
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.121 Requirement for comparable complementary paratransit service
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.9(d)(1)(i)
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.53 Exception for New York and Philadelphia
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State and Local Documents > State Technical Assistance > DSA Summary of 2016 California Building Code Changes for Accessibility
11B-233.3.4 Alterations
Clarifies in the exception the technical requirements for accessible residential dwelling units when alterations are made to existing public housing facilities are technically infeasible...
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Links > State Department or Agency
State of California Disability Access Services (DAS) - Trainings: Employment, Digital Access & Surveys
Training Classes:
Introduction to ADA/FEHA
Practical Solutions to Reasonable Accommodation
Hiring and Supervising an Employee with a Disability
Writing ADA...
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Federal Documents > Standards > ABA Accessibility Standard for GSA Facilities Pocket Guide
F245.3 Outdoor Constructed Features in Common Use and Public Use Areas
Where provided in common use and public use areas that serve picnic units with mobility features, at least 20 percent, but not less than one, of each type of outdoor constructed feature...
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Links > Federal Department or Agency
DOE "Dear Colleague" Letter: ADA Amendments Act of 2008 and Students with Disabilities Attending Public Elementary and Secondary Schools (Jan. 19, 2012)
This year, we will celebrate the 22nd anniversary of the landmark Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101-12213. We at the Office for Civil Rights (OCR) in the...
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Federal Documents > Regulations > 28 CFR Part 35 Nondiscrimination on the Basis of Disability in State and Local Government Services (1991 ADA Title II Regulations)
§35.130(g)
(g) A public entity shall not exclude or otherwise deny equal services, programs, or activities to an individual or entity because of the known disability of an individual with whom the...
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Federal Documents > Regulations > 28 CFR Part 35 Nondiscrimination on the Basis of Disability in State and Local Government Services (2010 ADA Title II Regulations with amendments issued through Aug. 2016)
§ 35.130(g)
(g) A public entity shall not exclude or otherwise deny equal services, programs, or activities to an individual or entity because of the known disability of an individual with whom the...
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Federal Documents > Preamble to Regulations > 28 CFR Part 35, Appendix B: 1991 ADA Title II Regulations Preamble and Section-by-Section Analysis
Time periods
Of course, this section does not reduce or eliminate any obligations that are already applicable to a public entity under section 504....
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Federal Documents > Regulations > 28 CFR Part 35 Nondiscrimination on the Basis of Disability in State and Local Government Services (1991 ADA Title II Regulations)
§35.130(b)(7) (Section-by-Section Analysis)
Paragraph (b)(7) is a specific application of the requirement under the general prohibitions of discrimination that public entities make reasonable modifications in policies, practices,...
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Federal Documents > Technical Assistance > 2016 ADA CHECKLIST FOR POLLING PLACES
Portable ramp - step 6 inches or less
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Federal Documents > Technical Assistance > 2016 ADA CHECKLIST FOR POLLING PLACES
Problem One (Voting Area)
Problem One: The voting area is in a small room and the accessible voting machine is only two feet from the check-in table.
Solution: Relocate the voting area to a larger space...
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Federal Documents > Technical Assistance > 2016 ADA CHECKLIST FOR POLLING PLACES
Remove post (increase clear width at double leaf doors)
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Federal Documents > Technical Assistance > 2016 ADA CHECKLIST FOR POLLING PLACES
Problem Three (Protruding Objects)
Problem Three: The bottom of a set of stairs is open and voters who are blind or have vision loss can hit their head on the underside of the stairs.
Solution: Provide a detectable...
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Federal Documents > Technical Assistance > 2004 ADA Checklist for Polling Places
B2. Slope
B2. Is the vehicle space relatively level (2% maximum slope in all directions)?
Yes _____ No _____
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Additional Access Publications > ADA Compliance Process by Evan Terry Associates
Accessibility Policy for Public Accommodation
◼ Accessibility Policy for Public Accommodation (12/00)
[Click here to view or download the PDF version of "Accessibility Policy for Public Accommodation" (12 KB PDF)]
It is the policy...