"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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Private entity (Section-By-Section Analysis and Response to Comments)
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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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Attorney areas and witness stands. (Section-by-Section Analysis)
Attorney areas and witness stands. The 1991 Standards do not require that public entities meet specific architectural standards with regard to the construction and alteration 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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Two-tiered definitional approach. (Section-by-Section Analysis)
Two-tiered definitional approach. Commenters supported the Department's proposal to use a two-tiered definition of mobility device. Commenters nearly universally said that...
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Location of accessible routes to stages. (Section-by-Section Analysis)
Location of accessible routes to stages. The 1991 Standards at section 4.33.5 require an accessible route to connect the accessible seating and the stage, as well as other ancillary...
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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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SmartWheel Manual Wheelchair Evaluation Tool
While the user completes a specified pushing protocol, the SmartWheel collects data about how the user pushes, and wirelessly sends that information to a computer software program for analysis...
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U.S. Census Bureau
The Economics and Statistics Administration provides high-quality economic analysis and fosters the missions of the U.S. Census Bureau and the Bureau of Economic Analysis....
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12114(c)(4)
(4) may hold an employee who engages in the illegal use of drugs or who is an alcoholic to the same qualification standards for employment or job performance and behavior that such entity...
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12114(c)(4)
(4) may hold an employee who engages in the illegal use of drugs or who is an alcoholic to the same qualification standards for employment or job performance and behavior that such entity...
