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- Access Board: Design Solutions for Common Protruding Objects
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4. DEFINITION:
For this interpretation, "design professional in responsible charge" or "design professional" shall be the architect, structural engineer, or professional engineer (e.g., mechanical engineer...
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QUESTION: WHAT ACCESSIBILITY STANDARDS APPLY TO PASSENGER RAIL CARS WHEN SPECIFIC DESIGN STANDARDS ARE NOT PROVIDED IN 49 CFR PART 38?
There are a few instances where specific design standards are not provided in Part 38....
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Section 36.301 Eligibility Criteria (Section-By-Section Analysis and Response to Comments)
Section 36.301 Eligibility Criteria (Section-By-Section Analysis and Response to Comments) Section 36.301 of the rule prohibits the imposition or application of eligibility criteria that...
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3.2 Q. If a condominium is pre-sold as a shell and the interior is designed and constructed by the buyer, are the Guidelines applicable?
The Fair Housing Act applies to design and construction of covered multifamily dwellings, regardless of whether the person doing the design and construction is an architect, builder, or...
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II. Responsibilities Assigned Only to State Agency Recipients
[See subsections ...]
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Religious entity (Section-By-Section Analysis and Response to Comments)
"Religious entity.'' The term "religious entity'' is defined in accordance with section 307 of the ADA as a religious organization or entity controlled by a religious organization,...
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Public entrances (Section-By-Section Analysis and Response to Comments)
- Generally, at least 50% of public entrances to new buildings must be accessible, rather than all entrances, as would often have resulted from the proposed approach.
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Section 36.201(a) (Section-By-Section Analysis and Response to Comments)
Section 36.201(a) contains the general rule that prohibits discrimination on the basis of disability in the full and equal enjoyment of goods, services, facilities, privileges,...
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Qualified interpreter (Section-By-Section Analysis and Response to Comments)
"Qualified interpreter.'' The Department received substantial comment regarding the lack of a definition of "qualified interpreter.'' The proposed rule defined auxiliary aids and...
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Private club (Section-By-Section Analysis and Response to Comments)
"Private club.'' The term "private club'' is defined in accordance with section 307 of the ADA as a private club or establishment exempted from coverage under title II of the Civil...
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Private entity (Section-By-Section Analysis and Response to Comments)
"Private entity.'' The term "private entity'' is defined as any individual or entity other than a public entity. It is used as part of the definition of "public accommodation'' in...
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Undue burden (Section-By-Section Analysis and Response to Comments)
"Undue burden.'' The definition of "undue burden'' is analogous to the statutory definition of "undue hardship'' in employment under section 101(10) of the ADA. The term undue burden...
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Public entity (Section-By-Section Analysis and Response to Comments)
"Public entity.'' The term "public entity'' is defined in accordance with section 201(1) of the ADA as any State or local government; any department, agency, special purpose...
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Areas of Refuge (Section-By-Section Analysis and Response to Comments)
- Areas of refuge (areas with direct access to a stairway, and where people who cannot use stairs may await assistance during a emergency evacuation) will be required, as proposed,...
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Sales Counters (Section-By-Section Analysis and Response to Comments)
- The final guidelines provide greater flexibility in providing access to sales counters, and no longer require a portion of every counter to be accessible.
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Homeless Shelters (Section-By-Section Analysis and Response to Comments)
- The proposed rule reserved the provisions on alterations to homeless shelters. The final guidelines apply alterations requirements to homeless shelters, but the requirements are...
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Historic Facilities (Section-By-Section Analysis and Response to Comments)
- As mandated by the ADA, the Board has established a procedure to be followed with respect to alterations to historic facilities.
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Individual with a disability (Section-By-Section Analysis and Response to Comments)
"Individual with a disability'' means a person who has a disability but does not include an individual who is currently illegally using drugs, when the public accommodation acts on...
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Readily achievable (Section-By-Section Analysis and Response to Comments)
"Readily achievable.'' The definition of "readily achievable'' follows the statutory definition of that term in section 301(9) of the ADA. Readily achievable means easily...
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Service animal (Section-By-Section Analysis and Response to Comments)
"Service animal.'' The term "service animal'' encompasses any guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability....
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Section 36.208(a) (Section-By-Section Analysis and Response to Comments)
Section 36.208(a) implements section 302(b)(3) of the Act by providing that this part does not require a public accommodation to permit an individual to participate in or benefit...
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Section 36.308 Seating in Assembly Areas (Section-By-Section Analysis and Response to Comments)
Section 36.308 Seating in Assembly Areas (Section-By-Section Analysis and Response to Comments) Section 36.308 establishes specific requirements for removing barriers to physical access...