The Department is aware that the proposed rule may represent a significant change in practice for many public entities with respect to "secondary market" ticket sales. Because the...
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Secondary market ticket sales. (Section-by-Section Analysis)
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Proposed behavior or training standards. (Section-by-Section Analysis)
Some commenters proposed behavior or training standards for the Department to adopt in its revised regulation, not only to remain in keeping with the requirement for individual...
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Identification of available accessible seating. (Section-by-Section Analysis)
Identification of available accessible seating. In the NPRM, the Department proposed § 36.302(f)(3), which, as modified and renumbered § 36.302(f)(2)(iii) in the final rule,...
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§35.130(b)(1)(iv) (Section-by-Section Analysis)
Paragraph (b)(1)(iv) permits the public entity to develop separate or different aids, benefits, or services when necessary to provide individuals with disabilities with an equal...
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§35.130(b)(1)(vii) (Section-by-Section Analysis)
Paragraph (b)(1)(vii) prohibits the public entity from limiting a qualified individual with a disability in the enjoyment of any right, privilege, advantage, or opportunity enjoyed...
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Scoping for timeshare or condominium hotels. (Section-by-Section Analysis)
Scoping for timeshare or condominium hotels. In the NPRM, the Department sought comment on the appropriate basis for determining scoping for a timeshare or condominium-hotel. A...
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Retain term "service animal.'' (Section-by-Section Analysis)
Retain term ‘‘service animal.'' Some commenters asserted that the term ‘‘assistance animal'' is a term of art and should replace the term ‘‘service animal''; however, the majority of...
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§35.130(b)(1)(vi) (Section-by-Section Analysis)
Paragraph (b)(1)(vi) prohibits the public entity from denying a qualified individual with a disability the opportunity to participate as a member of a planning or advisory board.
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Effective date for barrier removal. (Section-by-Section Analysis)
Effective date for barrier removal. Several commenters expressed concern that the NPRM did not propose a transition period for applying the 2004 ADAAG to barrier removal in existing...
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Two-tiered definitional approach. (Section-by-Section Analysis)
Two-tiered definitional approach. Commenters supported the Department's proposal to use a two-tiered definition of mobility device. Commenters nearly universally said that...
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Public entrances (Section-By-Section Analysis and Response to Comments)
- 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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Commercial Facilities (Section-By-Section Analysis and Response to Comments)
"Commercial facilities'' are those facilities that are intended for nonresidential use by a private entity and whose operations affect commerce. As explained under Sec.36.401, "New...
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Areas of Refuge (Section-By-Section Analysis and Response to Comments)
- 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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Sales Counters (Section-By-Section Analysis and Response to Comments)
- 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 (Section-By-Section Analysis and Response to Comments)
- 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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Historic Facilities (Section-By-Section Analysis and Response to Comments)
- 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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Individual with a disability (Section-By-Section Analysis and Response to Comments)
"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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Service animal (Section-By-Section Analysis and Response to Comments)
"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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Electronic and information technology (Preamble, Section-by-Section Analysis)
Electronic and information technology. This is the statutory term for the products covered by the standards in this part. The statute explicitly required the Board to define this...
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Retain term "service animal." (Section-by-Section Analysis)
Retain term "service animal." Some commenters asserted that the term ‘‘assistance animal'' is a term of art and should replace the term ‘‘service animal.'' However, the majority of...
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Two-tiered definitional approach. (Section-by-Section Analysis)
Two-tiered definitional approach. Commenters supported the Department's proposal to use a two-tiered definition of mobility device. Commenters nearly universally said that...
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Identification of available accessible seating. (Section-by-Section Analysis)
Identification of available accessible seating. In the NPRM, the Department proposed § 35.138(c), which, as modified and renumbered as paragraph (b)(3) in the final rule, requires a...
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Section 37.129 Types of Service
Section 37.129 Types of Service The basic mode of service for complementary paratransit is demand responsive, origin-to-destination service....
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Open Captioning (or Other Technologies) as an Option for Compliance (Section-by-Section Analysis)
Open movie captioning at some or all showings of a movie is never required as a means of compliance with this section, even if it is an undue burden for a theater to exhibit movies with...