Changes to the surface are only required when the existing play surface is being replaced or when "path of travel" obligations are triggered....
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17. Can broken or older ground level play components be replaced without changing the surface?
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wheelchairtraveling.com
wheelchairtraveling.com is the first-ever online community for accessible travel in the world....
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Section 35.151(b)(4)(ii)(C) Path of travel--safe harbor
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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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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ACCESSIBLE ROUTE & PATH OF TRAVEL QUESTIONS:
[See subsections ...]
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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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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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§ 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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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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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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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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§1630.2(j)(1)(iv)
(iv) The determination of whether an impairment substantially limits a major life activity requires an individualized assessment....
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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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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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Three: Is the limitation on any major life activity substantial?
Three: Is the limitation on any major life activity substantial?...
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Alterations to Areas Containing a Primary Function
Alterations to areas containing a primary function must include an accessible path of travel to the altered area unless it is disproportionate in cost or scope (202.4)....
