The proposed rule stated that "any public accommodation or other private entity responsible for design and construction'' must ensure that facilities conform to this requirement....
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Section 36.401 New Construction (Section-By-Section Analysis and Response to Comments)
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Specialized Customer Premises Equipment (Section-by-Section Analysis)
The Board noted in the NPRM that the Act and its legislative history do not make clear whether Congress intended to treat specialized customer premises equipment differently from peripheral...
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806 Transient Lodging Guest Rooms
806 Transient Lodging Guest Rooms In the NPRM, the Department included floor plans showing examples of accessible guest rooms and bathrooms designs with mobility features to illustrate...
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Communication Features in Guest Rooms
As discussed above in section 702, technical requirements for visual alarms in the proposed rule have been replaced with references to criteria in the NFPA 72....
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§ 36.406(g) Medical care facilities
Medical care facilities subject to the proposed standards shall comply with the provisions applicable to medical care facilities, including, but not limited to, sections 223 and 805. ...
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End Note
L. 101-336, 42 U.S.C. 12134, and for the reasons set forth in the preamble, chapter I of Title 28 of the Code of Federal Regulations is proposed to be amended as follows: Part 35--NONDISCRIMINATION...
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§ 35.151(h) Medical care facilities
Medical care facilities subject to the proposed standards shall comply with the provisions applicable to medical care facilities, including, but not limited to, sections 223 and 805. ...
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403.1 General (Section-by-Section Analysis)
403.1 General (Section-by-Section Analysis) This section proposes to prohibit biometrics from being the only means for user identification or control unless at least two different biometric...
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502.3.8 Focus Cursor (Section-by-Section Analysis)
502.3.8 Focus Cursor (Section-by-Section Analysis) This section proposes that software be required to expose information and mechanisms necessary to programmatically track and modify...
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402.3 Volume (Section-by-Section Analysis)
402.3 Volume (Section-by-Section Analysis) This section proposes to require two alternate standards for volume control and output amplification on ICT with closed functionality that delivers...
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Section 36.403 Alterations: Path of Travel (Preamble, Section-by-Section Analysis)
This paragraph is unchanged from the proposed rule....
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Section 36.403 Alterations: Path of Travel (Section-By-Section Analysis and Response to Comments)
This paragraph is unchanged from the proposed rule....
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Section 36.406(b) Application of Standards to Fixed Elements
The Department received no comments on this provision in the NPRM....
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M302.2.4 Transfer Sides (Section-by-Section Analysis)
In the MDE NPRM, the transfer side provision for diagnostic equipment used by patients in the seated position required transfer surfaces to have the option to transfer from a mobility device...
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Section 36.406(b) Application of Standards to Fixed Elements (Section-by-Section Analysis)
The Department received no comments on this provision in the NPRM....
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Sections 35.108(d)(4) and 36.105(d)(4)—Examples of Mitigating Measures
In the NPRM, proposed §§ 35.108(d)(4) and 36.105(d)(4) provided a non-inclusive list of mitigating measures, which includes medication, medical supplies, equipment, appliances, low-vision...
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Section 35.150(b)(2) Safe harbor (Section-by-Section Analysis)
Although the program accessibility standard offers public entities a level of discretion in determining how to achieve program access, in the NPRM, the Department proposed an addition to...
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Section 36.302(c) Service Animals (Section-by-Section Analysis)
In general, the Department is proposing to retain the scope of the current regulation while clarifying its longstanding policies and interpretations....
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Ability Found
Once an application has been submitted, the staff at Ability Found will search for the requested equipment after which any applicable fees will be proposed to the client for payment....
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Section 36.306 Personal Devices and Services (Preamble, Section-by-Section Analysis)
Section 36.306 of the proposed rule, ‘‘Readily achievable and undue burden: Factors to be considered,’' was deleted for the reasons described in the preamble discussion of the definition...
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232 Detention and Correctional Facilities
facilities (231.4.2) discussed above in section 231 a dispersion requirement for wheelchair and communication accessible cells has been removed, as discussed below (232.2.4 in the proposed...
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UNREASONABLE HARDSHIP
building standard infeasible, based on an overall evaluation of the following factors: 1.The cost of providing access. 2.The cost of all construction contemplated. 3.The impact of proposed...
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E.2. - Where an agency uses a best value "trade-off" source selection process, may it trade off applicable technical provisions of the Access Board’s standards where an offer provides strong technical merit, strong past performance, or a lower price?
For example, if two of three proposals offer products that fully meet the technical provisions and the third proposal partially meets them, traditional trade-offs between the two offers...
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II-6.2100 General
On December 21, 1992, the Access Board published proposed title II accessibility guidelines that will generally adopt ADAAG for State and local government facilities....
