The Department received numerous comments on this option in the ANPRM. Generally, covered entities favored a safe harbor, while entities representing individuals with disabilities...
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General comments regarding safe harbor. (Section-by-Section Analysis)
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Section 36.406(f) Assembly Areas (Section-by-Section Analysis)
The Department is proposing a new § 36.406(f) to supplement the assembly areas requirements in the proposed standards. This provision would impose four additional...
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Accessible Cells in Detention and Correctional Facilities (Section-by-Section Analysis)
Through complaints received, investigations, and compliance reviews of jails, prisons, and other detention and correctional facilities, the Department has found that many detention...
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Sell-outs in specific seating areas. (Section-by-Section Analysis)
Under the second option, § 35.138(f)(2), a facility could release unsold accessible seating in a specific seating area once all of the standard seats in that location were sold out. ...
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Section 35.151(g) Assembly Areas (Section-by-Section Analysis)
The Department is proposing a new § 35.151(g) to supplement the assembly area requirements in the proposed standards. This provision would add five additional...
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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." Under section 106.5 of the 2004 ADAAG, a "residential...
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Season tickets and multiple event tickets. (Section-by-Section Analysis)
Section 35.138(e) addresses the sale of season tickets and other tickets for multiple events. The proposed rule provides that public entities must sell season tickets or tickets for...
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Section 35.151 New Construction and Alterations (Section-by-Section Analysis)
Section 35.151, which provides that those buildings that are constructed or altered by, on behalf of, or for the use of a public entity shall be designed, constructed, or altered to...
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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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Section 35.133 Maintenance of Accessible Features (Section-by-Section Analysis)
The general rule regarding the maintenance of accessible features, which provides that a public entity must maintain in operable working condition those features of facilities and...
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Section 35.151(i) Curb Ramps (Section-by-Section Analysis)
The current § 35.151(e) on curb ramps has been redesignated as § 35.151(i). The Department has made a minor editorial change, deleting the phrase "other sloped areas" from the two...
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Section 35.151(d) Scope of Coverage (Section-by-Section Analysis)
The Department is proposing § 35.151(d) to clarify that the requirements established by this section, including those contained in the proposed standards, prescribe what is necessary...
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Section 36.302(c) Service Animals (Section-by-Section Analysis)
Section 36.302(c) Service Animals Section 36.302(c)(1) of the 1991 title III regulation states that ‘‘[g]enerally, a public accommodation shall modify [its] policies, practices, or...
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Prevention of fraud in purchase of accessible seating. (Section-by-Section Analysis)
Prevention of fraud in purchase of accessible seating. Assembly area managers and advocacy groups have informed the Department that the fraudulent purchase of accessible seating is a...
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Hold and release of accessible guest rooms. (Section-by-Section Analysis)
Hold and release of accessible guest rooms. The Department has addressed the hold and release of accessible guest rooms in settlement agreements and recognizes that current practices...
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Video remote interpreting (VRI) services. (Section-by-Section Analysis)
Video remote interpreting (VRI) services. In § 36.303(f) of the NPRM, the Department proposed the inclusion of four performance standards for VRI (which the NPRM termed video...
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Application to specific scenarios raised in comments. (Section-by-Section Analysis)
Application to specific scenarios raised in comments. In response to the NPRM, the Department received a number of comments that raised issues regarding application of the...
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Treatment of "manually-powered mobility aids.'' (Section-by-Section Analysis)
Treatment of ‘‘manually-powered mobility aids.'' The Department's NPRM did not define the term ‘‘manually-powered mobility aids.'' Instead, the NPRM included a non-exhaustive list of...
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Section 36.303 Auxiliary Aids and Services (Section-by-Section Analysis)
Section 36.303 Auxiliary Aids and Services Section 36.303(a) of the 1991 title III regulation requires a public accommodation to take such steps as may be necessary to ensure that...
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Appendix F to Part 36—Guidance and Section-by-Section Analysis
[AG Order 3779-2016, 81 FR 87379, Dec. 2, 2016]
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Responsibility for supervision and care of a service animal. (Section-by-Section Analysis)
Responsibility for supervision and care of a service animal. The 1991 title III regulation, in § 36.302(c)(2), states that ‘‘[n]othing in this part requires a public accommodation to...
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Guarantees of reservations for accessible guest rooms. (Section-by-Section Analysis)
Guarantees of reservations for accessible guest rooms. The Department recognizes that not all reservations are guaranteed, and the rule does not impose an affirmative duty to...
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255 Chapter 1: Application and Administration (Section-by-Section Analysis)
This chapter proposes general requirements reflecting the purpose of the 255 Guidelines (C101.1). It lists referenced standards and where they may be obtained (C102), and provides...