Section 35.151(b)(4)(ii)(C) Path of travel--safe harbor In Sec. 35.151(b)(4)(ii)(C) of the NPRM, the Department included a provision that stated that public entities that have brought...
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Section 35.151(b)(4)(ii)(C) Path of travel--safe harbor
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ACCESSIBLE ROUTE & PATH OF TRAVEL QUESTIONS:
[See subsections ...]
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§ 36.105(d)(1)(iii)
(iii) An impairment that substantially limits one major life activity does not need to limit other major life activities in order to be considered a substantially limiting impairment....
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§ 35.108(d)(1)(iii)
(iii) An impairment that substantially limits one major life activity does not need to limit other major life activities in order to be considered a substantially limiting impairment....
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Gangway Alterations
However, if the areas altered contain primary functions (such as a fishing station), existing gangways are considered part of the path of travel to the altered primary function areas and...
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1.1.3 Scope
In alteration projects, these provisions apply to the area of new work, and include the path of travel requirements found in Section 11B-202.4. ◼...
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§1630.2(j)(1)(iii)
should be whether covered entities have complied with their obligations and whether discrimination has occurred, not whether an individual's impairment substantially limits a major life activity...
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Basic Principles
Programs, activities, and services must be provided to people with disabilities in integrated settings....
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Sec.36.403(h)(2)(ii)
(ii) Only alterations undertaken after January 26, 1992, shall be considered in determining if the cost of providing an accessible path of travel is disproportionate to the overall cost...
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§ 36.403(h)(2)(ii)
(ii) Only alterations undertaken after January 26, 1992, shall be considered in determining if the cost of providing an accessible path of travel is disproportionate to the overall cost...
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§ 35.151(b)(4)(iii)(A)
(A) Alterations made to provide an accessible path of travel to the altered area will be deemed disproportionate to the overall alteration when the cost exceeds 20% of the cost of the alteration...
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§ 35.151(b)(4)(iii)(A)
(A) Alterations made to provide an accessible path of travel to the altered area will be deemed disproportionate to the overall alteration when the cost exceeds twenty percent (20%) of the...
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Issue: Program Accessibility
Result: People with disabilities are unable to participate in the activities of city government, such as public meetings, unable to attend city functions, and unable to gain access to...
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Alterations [§202.3]
Only those elements or spaces altered are required to comply, but alterations made to areas containing a primary function (a major activity for which a facility is intended) also require...
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Broad Coverage
In the past, there was some debate over what activities were considered "major life activities" for ADA purposes....
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§ 36.105(c)(2)(i)
(i) In determining whether an impairment substantially limits a major life activity, the term major shall not be interpreted strictly to create a demanding standard....
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§ 35.108(c)(2)(i)
(i) In determining whether an impairment substantially limits a major life activity, the term major shall not be interpreted strictly to create a demanding standard....
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Integrated Setting
Commonly known as the “integration mandate,” public entities must make their programs, services, and activities accessible to qualified people with disabilities in the most integrated way...
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3. Element-by-Element Safe Harbor
A similar safe harbor applies to elements associated with the "path of travel" to an altered area....
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Eligibility Criteria
may not use eligibility criteria that screen out or tend to screen out people with disabilities unless the eligibility criteria are necessary to participate in the program, service or activity...
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3. Element by Element Safe Harbor
Similar safe harbors were adopted for elements associated with the "path of travel" to an altered area....
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SafePath: Sport Floor Reducers for ADA and Disability Access
Showing Rubber Reducers for the Sport Floor Industry, Basketball Courts and ADA access. Disability access for Gym Floors. Proper installation of raised wood floors, especially in...
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§1630.2(j)(1)(iv)
(iv) The determination of whether an impairment substantially limits a major life activity requires an individualized assessment....
