public entity may not deny a qualified individual with a disability the opportunity to participate in services, programs, or activities that are not separate or different, despite the existence...
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§35.130(b)(2)
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§100.147 Adjudication.
[62 FR 66433, Dec. 18, 1997] An aggrieved person, complainant, department or agency that challenges a privilege asserted under §100.144 may seek a determination of the existence and application...
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11B-202.3 Alterations
Where existing elements or spaces are altered, each altered element or space shall comply with the applicable requirements of Division 2, including Section 11B-202.4."...
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§ 35.130(b)(2)
public entity may not deny a qualified individual with a disability the opportunity to participate in services, programs, or activities that are not separate or different, despite the existence...
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11B-407.4.6.2 Buttons
[2010 ADA Standards] EXCEPTION: In existing elevators, buttons shall be permitted to be recessed....
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Audible Signals: ADA Standard Section 407.2.2.3
Section 407.2.2.3 covers the current ADA Standards for elevator audible signals.
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11B-244.1 General
Religious facilities are exempt from federal ADA requirements, however no exception is provided for these types of facilities under the California Building Code (CBC) due to pre-existing...
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[ADA Title III §36.402(c)] To the maximum extent feasible
The phrase "to the maximum extent feasible," as used in this section, applies to the occasional case where the nature of an existing facility makes it virtually impossible to comply fully...
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11B-812.10.4 Location
For alterations at existing facilities where an accessible route or general circulation path is not provided adjacent to the head end of the vehicle space or access aisle, the EV charger...
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11B-211.2 Minimum number
The 2022 California Plumbing Code (CPC), Table 4-1 provides minimum plumbing fixture requirements for new buildings, and changes of occupancy or use in an existing building resulting in...
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Lowered section for bar
I often am asked if an existing bar can just add a folding lowered section to meet the 5% and or 60'' rule....
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407.3.6 Width
[ECTCR UFAS 4.10.9, Fig. 22] EXCEPTION: In existing elevators, a power-operated car door complying with 404.2.3 shall be permitted....
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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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225(d)(2) Technology
(2) Technology The Commission shall ensure that regulations prescribed to implement this section encourage, consistent with section 157(a) of this title, the use of existing technology...
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§8.4(b)(3)
recipient may not deny a qualified individual with handicaps the opportunity to participate in any federally assisted program or activity that is not separate or different despite the existence...
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4.1.6(1)(a)
(a) If existing elements, spaces, essential features, or common areas are altered, then each such altered element, space, feature, or area shall comply with the applicable provisions of...
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Must barriers be removed in areas used only by employees?
The "readily achievable" obligation to remove barriers in existing facilities does not extend to areas of a facility that are used exclusively by employees as work areas....
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§ 37.125(h)(1)
for reasons beyond his or her control (including, but not limited to, trips which are missed due to operator error) shall not be a basis for determining that such a pattern or practice exists...
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Swimming pools. (Section-by-Section Analysis)
The same reasoning would apply where an existing site (e.g., a city recreation center) provides multiple swimming pools serving the same purpose....
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11B-216.8 Toilet rooms and bathing rooms
Where existing toilet rooms or bathing rooms do not comply with Section 11B-603, directional signs indicating the location of the nearest toilet room or bathing room complying with Section...
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C. 255 Guidelines: Application and Scoping (Section-by-Section Analysis)
Of note, there are two provisions in the existing 255 Guidelines which the Board proposes to not include in the proposed rule: §§ 1193.41(i) and 1193.51(d)....
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E202 General Exceptions (Section-by-Section Analysis)
Most of the proposed general exemptions are the same as those in existing 508 Standards § 1194.3, with only minor editorial changes....
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1003.3.1 Boat Slip Clearance
In existing piers, clear pier space shall be permitted to be located perpendicular to the boat slip and shall extend the width of the boat slip, where the facility has at least one boat...
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11B-1003.3.1 Boat slip clearance
In existing piers, clear pier space shall be permitted to be located perpendicular to the boat slip and shall extend the width of the boat slip, where the facility has at least one boat...