‘‘Individual with a disability’’ means a person who has a disability but does not include an individual who is currently illegally using drugs, when the public accommodation acts on...
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‘‘Individual with a disability’’ (Preamble, Section-by-Section Analysis)
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Historic Facilities (Preamble, Section-by-Section Analysis)
- As mandated by the ADA, the Board has established a procedure to be followed with respect to alterations to historic facilities.
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Subpart A -- General (Preamble, Section-by-Section Analysis)
Subpart A -- General
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Public Entrances (Preamble, Section-by-Section Analysis)
- Generally, at least 50% of public entrances to new buildings must be accessible, rather than all entrances, as would often have resulted from the proposed approach.
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Areas of Refuge (Preamble, Section-by-Section Analysis)
- Areas of refuge (areas with direct access to a stairway, and where people who cannot use stairs may await assistance during a emergency evacuation) will be required, as proposed,...
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‘‘Commercial facilities’’ (Preamble, Section-by-Section Analysis)
‘‘Commercial facilities’’ are those facilities that are intended for nonresidential use by a private entity and whose operations affect commerce. As explained under § 36.401, ‘‘New...
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Sales Counters (Preamble, Section-by-Section Analysis)
- The final guidelines provide greater flexibility in providing access to sales counters, and no longer require a portion of every counter to be accessible.
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Homeless Shelters (Preamble, Section-by-Section Analysis)
- The proposed rule reserved the provisions on alterations to homeless shelters. The final guidelines apply alterations requirements to homeless shelters, but the requirements are...
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"Service animal.'' (Preamble, Section-by-Section Analysis)
"Service animal.'' The term "service animal'' encompasses any guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability....
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M304.2.1 Slip Resistant (Section-by-Section Analysis)
The MDE NPRM proposed to require that the standing surface on which patients stand be slip resistant. One manufacturer commented on this requirement, requesting that the rule provide...
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M301.3.2 Leg Supports (Section-by-Section Analysis)
In the MDE NPRM, the Access Board proposed to place the requirements for stirrups on diagnostic equipment used by patients in the supine, prone, or side-lying position in M301. In...
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M101.7 Units of Measurement (Section-by-Section Analysis)
In the MDE NPRM there was no explanation of the units of measurement used throughout the rule text. In order to avoid confusion and to align this final rule with the other...
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M302.3.2 Leg Supports (Section-by-Section Analysis)
The MDE NPRM did not propose to require stirrups to provide a method of supporting, positioning, and securing the patient’s legs for diagnostic equipment used by patients in the...
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M307.4 Operating Force (Section-by-Section Analysis)
The MDE NPRM proposed to restrict the force required to activate operable parts to 5 pounds. The Access Board sought public input on this provision in question 42 on whether the...
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M304.2 Standing Surface (Section-by-Section Analysis)
The MDE NPRM proposed to require that the standing surface on which patients stand be slip resistant. In preparing the final rule, the Board has determined that as previously drafted...
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M301.4.1 Clearance in Base (Section-by-Section Analysis)
The MDE NPRM proposed certain clearance requirements beneath the diagnostic equipment to allow sufficient space for the legs of a portable patient lift to fit underneath the...
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M102.2 Undefined Terms (Section-by-Section Analysis)
The MDE NPRM proposed that the meaning of terms not defined in proposed M102.1 or in regulations or policies issued by an enforcing authority, be defined by collegiate dictionaries...
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Individual captioning device (Section-by-Section Analysis)
In § 36.303(g)(1)(iv), the Department is proposing to define “individual captioning device” as “the individual device that patrons may use at their seats to view the closed captions.”
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Analog Movie Screens (Section-by-Section Analysis)
Based on information currently available, it appears likely that few, if any, analog movies will continue to be made by the major movie studios and possibly by the independent...
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Individual Captioning Devices (Section-by-Section Analysis)
A commenter from a disability advocacy organization encouraged the Department to specify the number of individual captioning devices that must be made available at each movie...
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Group ticket sales. (Section-by-Section Analysis)
Group ticket sales present another area in which the Department believes additional regulatory guidance is appropriate. The purpose of the proposed rule is to prevent the current...
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Captioning at movie theaters. (Section-by-Section Analysis)
The Department is considering options under which it might require that movie theater owners and operators exhibit movies that are captioned for patrons who are deaf or hard of...
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Hospital and healthcare settings. (Section-by-Section Analysis)
Public accommodations, including hospitals, must modify policies, practices, or procedures to permit the use of a service animal by an individual with a disability. 28 CFR...
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General rule on reservations. (Section-by-Section Analysis)
The Department's proposed § 36.302(e)(1) states the general rule that a public accommodation that owns, leases (or leases to), or operates a place of lodging shall modify its...