"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,...
Search Results "Cost Impact Analysis"
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Religious entity (Section-By-Section Analysis and Response to Comments)
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Public accommodation (Section-By-Section Analysis and Response to Comments)
"Public accommodation.'' The term "public accommodation'' means a private entity that owns, leases (or leases to), or operates a place of public accommodation. The regulatory term,...
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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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Commercial Facilities (Section-By-Section Analysis and Response to Comments)
"Commercial facilities'' are those facilities that are intended for nonresidential use by a private entity and whose operations affect commerce. As explained under Sec.36.401, "New...
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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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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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Noncomplying new construction and alterations. (Section-by-Section Analysis)
Noncomplying new construction and alterations. The element-by-element safe harbor referenced in § 35.150(b)(2) has no effect on new or altered elements in existing facilities that...
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Electronic and information technology (Preamble, Section-by-Section Analysis)
Electronic and information technology. This is the statutory term for the products covered by the standards in this part. The statute explicitly required the Board to define this...
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Retain term "service animal." (Section-by-Section Analysis)
Retain term "service animal." Some commenters asserted that the term ‘‘assistance animal'' is a term of art and should replace the term ‘‘service animal.'' However, the majority of...
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Doing "work'' or "performing tasks.'' (Section-by-Section Analysis)
Doing "work" or "performing tasks." The NPRM proposed that the Department maintain the requirement, first articulated in the 1991 title III regulation, that in order to qualify as a...
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Integration of inmates and detainees with disabilities. (Section-by-Section Analysis)
Integration of inmates and detainees with disabilities. In the NPRM, the Department proposed language in § 35.152(b)(2) specifically applying the ADA's general integration mandate to...
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Identification of available accessible seating. (Section-by-Section Analysis)
Identification of available accessible seating. In the NPRM, the Department proposed § 35.138(c), which, as modified and renumbered as paragraph (b)(3) in the final rule, requires a...
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Inquiries about service animals. (Section-by-Section Analysis)
Inquiries about service animals. The NPRM proposed language at § 35.136(f) setting forth parameters about how a public entity may determine whether an animal qualifies as a service...
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Selection of Playgrounds
The data for analysis required the research team to make a number of inquiries to the operation, planning, budgeting and maintenance procedures conducted by the playground owner. ...