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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Designed and Constructed for First Occupancy (Preamble, Section-by-Section Analysis)
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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...
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Sell-outs in specific seating areas. (Section-by-Section Analysis)
Under the second contingency, proposed § 36.302(f)(6)(ii), a facility could release unsold accessible seating in a specific seating area if all of the standard seats in that location...
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Section 36.308 Seating in Assembly Areas (Section-by-Section Analysis)
The Department is proposing to revise this section to be consistent with revisions in the proposed requirements applicable to new construction and alterations. The purpose of the...
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Section 36.211 Maintenance of accessible features (Section-by-Section Analysis)
The general rule regarding the maintenance of accessible features, which provides that a public accommodation must maintain in operable working condition those features of facilities...
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Section 36.403 Alterations and Path of Travel (Section-by-Section Analysis)
The Department is proposing one change to § 36.403 on alterations and path of travel by adding a path of travel safe harbor. Proposed § 36.403(a)(1) states that if a private entity...
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Subpart D-New Construction and Alterations (Section-by-Section Analysis)
Subpart D establishes the title III requirements applicable to new construction and alterations. The Department is proposing to amend this subpart to adopt the proposed standards...
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Section 36.303 Auxiliary Aids and Services (Section-by-Section Analysis)
[See subsections ...]
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Section 36.302(c) Service Animals (Section-by-Section Analysis)
The Department's regulation now states that "[g]enerally, a public accommodation shall modify policies, practices, or procedures to permit the use of a service animal by an...
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Section 36.406(c) Places of Lodging (Section-by-Section Analysis)
The Department is proposing to add a new § 36.406(c) to clarify the scope of coverage for places of lodging. For many years the Department has received inquiries from members of the...