‘‘Current illegal use of drugs.’’ The phrase ‘‘current illegal use of drugs’’ is used in § 36.209. Its meaning is discussed in the preamble for that section.
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‘‘Current illegal use of drugs.’’ (Preamble, Section-by-Section Analysis)
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Commercial Facilities in Private Residences (Preamble, Section-by-Section Analysis)
Commercial Facilities in Private Residences Section 36.401(b) of the final rule is a new provision relating to commercial facilities located in private residences. The proposed...
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Section 36.401 New Construction (Preamble, Section-by-Section Analysis)
Section 36.401 New Construction General Section 36.401 implements the new construction requirements of the ADA. Section 303 (a)(1) of the Act provides that discrimination for...
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Section 36.206 Retaliation or Coercion (Preamble, Section-by-Section Analysis)
Section 36.206 Retaliation or Coercion Section 36.206 implements section 503 of the ADA, which prohibits retaliation against any individual who exercises his or her rights under...
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Subpart B -- General Requirements (Preamble, Section-by-Section Analysis)
Subpart B -- General Requirements Subpart B includes general prohibitions restricting a public accommodation from discriminating against people with disabilities by denying them...
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Section 10, Transportation Facilities (Preamble, Section-by-Section Analysis)
Section 10, Transportation Facilities Section 10 of ADAAG is reserved. On March 20, 1991, the ATBCB published a supplemental notice of proposed rulemaking (56 FR 11874) to...
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Sections 4.2 Through 4.35 (Preamble, Section-by-Section Analysis)
• Sections 4.2 Through 4.35 Sections 4.2 through 4.35 contain the technical specifications for elements and spaces required to be accessible by the scoping provisions (sections...
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Dispersion of Wheelchair Seating Areas (Preamble, Section-by-Section Analysis)
- Dispersal of wheelchair seating areas in theaters will be required only where there are more than 300 seats, rather than in all cases. Seats with removable armrests (i.e., seats...
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Designed and Constructed for First Occupancy (Preamble, Section-by-Section Analysis)
Designed and Constructed for First Occupancy According to paragraph (a)(2), a facility is subject to the new construction requirements only if a completed application for a...
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Section 36.301 Eligibility Criteria (Preamble, Section-by-Section Analysis)
Section 36.301 Eligibility Criteria Section 36.301 of the rule prohibits the imposition or application of eligibility criteria that screen out or tend to screen out an individual...
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Section 36.305 Effective Date (Preamble, Section-by-Section Analysis)
Section 36.305 Effective Date In general, title III is effective 18 months after enactment of the Americans with Disabilities Act, i.e., January 26, 1992. However, there are...
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Section 36.203 Integrated Settings (Preamble, Section-by-Section Analysis)
Section 36.203 Integrated Settings Section 36.203 addresses the integration of persons with disabilities. The ADA recognizes that the provision of goods and services in an...
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Sections 1 Through 3 (Preamble, Section-by-Section Analysis)
• Sections 1 Through 3 Sections 1 through 3 contain general requirements, including definitions.
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Section 36.309 Examinations and Courses (Preamble, Section-by-Section Analysis)
Section 36.309 Examinations and Courses Section 36.309(a) sets forth the general rule that any private entity that offers examinations or courses related to applications,...
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Sections 5 Through 9 (Preamble, Section-by-Section Analysis)
• Sections 5 Through 9 These are special application sections and contain additional requirements for restaurants and cafeterias, medical care facilities, business and mercantile...
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Van Accessible Parking Spaces (Preamble, Section-by-Section Analysis)
- Parking spaces that can be used by people in vans (with lifts) will be required.
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Section 36.208 Direct Threat (Preamble, Section-by-Section Analysis)
Section 36.208 Direct Threat 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...
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Section 4.1.7, Historic Preservation (Preamble, Section-by-Section Analysis)
• Section 4.1.7, Historic Preservation This section contains scoping provisions and alternative requirements for alterations to qualified historic buildings and facilities. It...
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Subpart C -- Specific Requirements (Preamble, Section-by-Section Analysis)
Subpart C -- Specific Requirements In general, subpart C implements the "specific prohibitions'' that comprise section 302(b)(2) of the ADA. It also addresses the requirements of...
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Individual audio description listening device (Section-by-Section Analysis)
In § 36.303(g)(1)(iii), the Department is proposing to define “individual audio description listening device” as the individual device that patrons may use at their seats to hear...
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Definitions of residential facilities and transient lodging. (Section-by-Section Analysis)
The 2004 ADAAG adds a definition of "residential dwelling unit" and modifies the current definition of "transient lodging" in the 1991 Standards. Under section 106.5 of the 2004...
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Fraudulent purchase of designated accessible seating. (Section-by-Section Analysis)
The Department has received numerous comments regarding fraudulent attempts to purchase wheelchair spaces for patrons other than those who use wheelchairs. Moreover, the Department...
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Change "service animal" to "assistance animal." (Section-by-Section Analysis)
Some commenters asserted that "assistance animal" is a term of art and should replace "service animal." While some agencies, like the Department of Housing and Urban Development...
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Season tickets and multiple event sales. (Section-by-Section Analysis)
Proposed § 36.302(f)(5) addresses the sale of season tickets and other tickets for multiple events. The proposed rule provides that public accommodations must sell season tickets or...