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Links > State Department or Agency
California DSA: Valuation Threshold for Alterations, Structural Repairs or Additions to Existing Buildings
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Legal Documents > LEGAL OPINION - U.S. DEPARTMENT OF TRANSPORTATION OFFICE of GENERAL COUNSEL on 49 CFR 37.43(a)
Conclusion
Section 37.43(a)(1) applies to general alterations of existing facilities that could affect the usability of the facility, and for general alterations, cost is not a factor....
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Regulatory Support Documents > Regulatory Impact Analyses > Final Regulatory Assessment and Final Regulatory Flexibility Analysis Final Rule - Nondiscrimination on the Basis of Disability by Public Accommodations - Movie Theaters; Movie Captioning and Audio Description
7.2. Public Comments Regarding the Effects of the Rule on Small Movie Theaters
Section 1.3 of the regulatory analysis includes discussion of the comments that directly addressed the assumptions, data, or methodology used in the Initial RA. ...
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State and Local Documents > State Technical Assistance > Electric Vehicle Charging Stations, Accessibility: FAQs
If a property owner hits the 20% cost cap on path of travel improvements when installing charging stations, are there any other accessibility site retrofits that would still be required?
These requirements are separate from, and are not limited by the 20% cost cap on path of travel improvements....
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.43(a)(2)
drinking fountains, telephones and bathrooms are not required to be made readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, if the cost...
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Federal Documents > Preamble to Regulations > 28 CFR Part 36, Appendix C: Guidance on ADA Regulation on Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (2010 ADA Title III Regulations: 1991 Preamble and Section-by-Section Analysis)
Section 36.403 Alterations: Path of Travel (Preamble, Section-by-Section Analysis)
The cost of alterations to individual elements would be included in the overall cost of an alteration for purposes of determining disproportionality and would be counted when determining...
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Federal Documents > Preamble to Guidelines > 24 CFR Part 100—Fair Housing Accessibility Guidelines, Preamble
Site Impracticality Determinations
The second test is a site analysis test which involves an analysis of the topography of the existing natural terrain....
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Rulemaking Process Documents > ANPRMS > Withdrawn: 28 CFR Parts 35 and 36, Nondiscrimination on the Basis of Disability by State and Local Governments and Places of Public Accommodation; Equipment and Furniture (ANPRM)
A. Impact on small entities
the Department will prepare an initial regulatory flexibility analysis analyzing the economic impacts on small entities and regulatory alternatives that reduce the regulatory burden on...
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Federal Documents > Regulations > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations - Movie Theaters; Movie Captioning and Audio Description Final Rule
B. Public Comments Regarding the Effects of the Rule on Small Movie Theaters
The Department is aware of potential limitations to compliance for small movie theaters and has taken measures to lessen the impact on those firms....
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Federal Documents > Regulations > 24 CFR Part 100—Fair Housing Accessibility Guidelines
1(2)(a) Site impracticality due to terrain
There are two alternative tests for determining site impracticality due to terrain: the individual building test provided in paragraph (i), or the site analysis test provided in paragraph...
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Federal Documents > Regulations > 28 CFR Part 35 Nondiscrimination on the Basis of Disability in State and Local Government Services (2010 ADA Title II Regulations with amendments issued through Aug. 2016)
§ 35.151(b)(4)(iv)(B)(3)
(3) At least one accessible restroom for each sex or a single unisex restroom;
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Federal Documents > Technical Assistance > Surfacing the Accessible Playground: 7 Things Every Playground Owner Should Know About the Accessibility of Their Playground Surfaces
7. Commit to Ongoing Maintenance of Accessible Playground Surfaces as a Responsibility of Ownership
Repairs must be done by either the original installer or professional certified by the manufacturer resulting in added costs....
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Regulatory Support Documents > Regulatory Impact Analyses > Final Regulatory Assessment and Final Regulatory Flexibility Analysis Final Rule - Nondiscrimination on the Basis of Disability by Public Accommodations - Movie Theaters; Movie Captioning and Audio Description
7.1. Purpose and Objective of the Final Rule, Relative to Movie Theaters Categorized As Small
As noted earlier in this Final RA (see Section 1.1), the Department’s existing regulation implementing the ADA’s title III auxiliary aids provision reiterates the obligation of...
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Rulemaking Process Documents > NPRMS > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities NPRM: Preamble (2008 Title III NPRM Preamble)
Analysis of impact on small entities.
The second type of analysis that the Department has undertaken is a review of its existing regulations for title II and title III in order to consider the impact of those regulations on...
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Rulemaking Process Documents > NPRMS > 28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) - Preamble (published 2008)
Analysis of impact on small entities.
The second type of analysis that the Department has undertaken is a review of its existing regulations for title II and title III in order to consider the impact of those regulations on...
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Federal Documents > Preamble to Guidelines > 24 CFR Part 100—Fair Housing Accessibility Guidelines, Preamble
Comments on the Costs of Implementation
Several commenters disputed the Department's estimate of the cost of compliance, as presented in the Initial Regulatory Flexibility Analysis, published with the proposed guidelines on June...
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Rulemaking Process Documents > Committee Activity and Reports > Recommendations on Standards for the Design of Medical Diagnostic Equipment for Adults with Disabilities, Advisory Committee Final Report
The Limits of Utilizing a Cost-Benefit Analysis
The Limits of Utilizing a Cost-Benefit Analysis
Many advocates strongly cautioned against attempting a strict cost/benefit analysis when ample data is unavailable....
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Rulemaking Process Documents > NPRMS > 28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) (published 2008)
§ 35.151(b)(4)(iv) Duty to provide accessible features in the event of disproportionality
(iv) Duty to provide accessible features in the event of disproportionality.
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Federal Documents > Regulations > 28 CFR Part 35 Nondiscrimination on the Basis of Disability in State and Local Government Services (2010 ADA Title II Regulations with amendments issued through Aug. 2016)
§ 35.151(b)(4)(iv) Duty to provide accessible features in the event of disproportionality
(iv) Duty to provide accessible features in the event of disproportionality.
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Federal Documents > Preamble to Standards > 36 CFR Part 1195 Standards for Accessible Medical Diagnostic Equipment - Preamble
A. Final Regulatory Assessment (EO 13563 and EO 12866)
Important goals of regulatory analysis are to (1) establish whether federal regulation is necessary and justified to achieve a market failure or other social goal and (2) demonstrate that...
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Rulemaking Process Documents > ANPRMS > Withdrawn: 28 CFR Parts 35 and 36, Nondiscrimination on the Basis of Disability; Accessibility of Web Information and Services of State and Local Government Entities and Public Accommodations (ANPRM)
F. Impact on small entities
the Department will prepare an initial regulatory flexibility analysis analyzing the economic impacts on small entities and regulatory alternatives that reduce the regulatory burden on...
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Federal Documents > Technical Assistance > Surfacing the Accessible Playground: 7 Things Every Playground Owner Should Know About the Accessibility of Their Playground Surfaces
3. Review the Research Findings About Accessibility Issues for Play Surfaces
The data for analysis required the research team to make a number of inquiries to the operation, planning, budgeting and maintenance procedures conducted by the playground owner....
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Federal Documents > Regulations > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (1991 ADA Title III Regulations)
Sec.36.403(g)
(g) Duty to provide accessible features in the event of disproportionality.
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Federal Documents > Regulations > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (2010 ADA Title III Regulations with amendments issued through Dec. 2016)
§ 36.403(g) Duty to provide accessible features in the event of disproportionality.
(g) Duty to provide accessible features in the event of disproportionality.
