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Section 4.1.3, Accessible Buildings: New Construction (Preamble, Section-by-Section Analysis)
• Section 4.1.3, Accessible Buildings: New Construction This section establishes scoping requirements for new construction of buildings and facilities. Sections 4.1.3 (1)...
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Section 36.302 Modifications in Policies, Practices, or Procedures (Preamble, Section-by-Section Analysis)
Section 36.302 Modifications in Policies, Practices, or Procedures Section 36.302 of the rule prohibits the failure to make reasonable modifications in policies, practices, and...
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Proposed Section 36.309 Purchase of Furniture and Equipment (Preamble, Section-by-Section Analysis)
Proposed Section 36.309 Purchase of Furniture and Equipment Section 36.309 of the proposed rule would have required that newly purchased furniture or equipment made available for...
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Section 36.310 Transportation Provided by Public Accommodations (Preamble, Section-by-Section Analysis)
Section 36.310 Transportation Provided by Public Accommodations Section 36.310 contains specific provisions relating to public accommodations that provide transportation to their...
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General Substantive Requirements of the New Construction Provisions (Preamble, Section-by-Section Analysis)
General Substantive Requirements of the New Construction Provisions The rule requires, as does the statute, that covered newly constructed facilities be readily accessible to and...
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Whether the definition of "wheelchair'' includes the Segway® PT. (Section-by-Section Analysis)
Whether the definition of ‘‘wheelchair'' includes the Segway® PT. As discussed above, because individuals with mobility disabilities are using the Segway® PT as a mobility device,...
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Section 36.406 Standards for New Construction and Alterations (Preamble, Section-by-Section Analysis)
Section 36.406 Standards for New Construction and Alterations Section 36.406 implements the requirements of sections 306(b) and 306(c) of the Act, which require the Attorney...
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M302 Diagnostic Equipment used by Patients in a Seated Position (Section-by-Section Analysis)
M302 in the final rule establishes the technical criteria for diagnostic equipment used by patients in a seated position such as examination chairs.
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M304 Diagnostic Equipment Used by Patients in Standing Position (Section-by-Section Analysis)
M304 in the final rule establishes the technical criteria for diagnostic equipment used by patients in a standing position such as a weight scale or x-ray equipment that is used in a...
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Section 36.406(b) Application of Standards to Fixed Elements (Section-by-Section Analysis)
The Department is proposing a new § 36.406(b) that would clarify that the requirements established by this section, including those contained in the proposed standards (and the 2004...
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Limited instances in which an accompanying individual may interpret. (Section-by-Section Analysis)
Section 36.303(c)(3) codifies the Department's policy that there are very limited instances when a public accommodation may rely on an accompanying individual to interpret or...
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Scoping of residential dwelling units for sale to individual owners. (Section-by-Section Analysis)
In the 2004 ADAAG, the Access Board deferred to the Department and to HUD, the standard-setting agency under the ABA, to decide the appropriate scoping for residential dwelling units...
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Section 35.170 Complaints--Prison Litigation Reform Act (Section-by-Section Analysis)
In the ANPRM, the Department proposed addressing the effect of the Prison Litigation Reform Act (PLRA) on complaints by prisoners alleging unlawful discrimination on the basis of...
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Legal standard for other power-driven mobility devices. (Section-by-Section Analysis)
Legal standard for other power-driven mobility devices. The NPRM version of § 36.311(b) provided that a public accommodation ‘‘shall make reasonable modifications in its policies,...
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Swimming pools, wading pools, saunas, and steam rooms. (Section-by-Section Analysis)
Swimming pools, wading pools, saunas, and steam rooms. Section 36.304(d)(3)(ii) in the NPRM specified that for measures taken to comply with the barrier removal requirements,...
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Accessible teeing grounds, putting greens, and weather shelters. (Section-by-Section Analysis)
Accessible teeing grounds, putting greens, and weather shelters. The Department's NPRM sought public input on the proposed requirements for accessible golf courses. These...
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Section 36.202(b) Unequal benefit (Section-By-Section Analysis and Response to Comments)
Unequal benefit -- Section 36.202(b) prohibits services or accommodations that are not equal to those provided others. For example, persons with disabilities must not be limited to...
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Accessible teeing grounds, putting greens, and weather shelters. (Section-by-Section Analysis)
Accessible teeing grounds, putting greens, and weather shelters. In the NPRM, the Department sought public input on the proposed requirements for accessible golf courses. These...
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Whether the definition of ‘‘wheelchair'' includes the Segway® PT. (Section-by-Section Analysis)
Whether the definition of ‘‘wheelchair'' includes the Segway® PT. As discussed above, because individuals with mobility disabilities are using the Segway® PT as a mobility device,...
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Legal standard for other power-driven mobility devices. (Section-by-Section Analysis)
Legal standard for other power-driven mobility devices. The NPRM version of § 35.137(b) provided that ‘‘[a] public entity shall make reasonable modifications in its policies,...
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A. Evaluating the Physical Accessibility of Emergency Shelters
When evaluating physical accessibility in older facilities, it may be a good idea to do the analysis in two parts....
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6. Modifications to the Functional Performance Criterion for Limited Vision
We discuss the issue in further detail in Section VI.B (Section-by-Section Analysis – Section 508 Application and Scoping - E203), Section VI.C (Section-by-Section Analysis – 255 Guidelines...
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Executive Order 12866
Executive Order 12866 The Board has determined that this final rule is a significant regulatory action for purposes of Executive Order 12866 since it raises novel legal or policy issues...