UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK BRONX INDEPENDENT LIVING SERVICES, a nonprofit organization; DISABLED IN ACTION OF METROPOLIAN NEW YORK, a nonprofit...
Search Results "Primary Function"
2010 ADA Definition
Primary Function: From Regulations 35.151(b)(4)(i) & 36.403(b): A major activity for which the facility is intended. Areas that contain a primary function include, but are not limited to, [the customer services lobby of a bank, 36.403(b)], the dining area of a cafeteria, the meeting rooms in a conference center, as well as offices and other work areas in which the activities of the public accommodation or other private entity using the facility are carried out. Mechanical rooms, boiler rooms, supply storage rooms, employee lounges or locker rooms, janitorial closets, entrances, corridors, and restrooms are not areas containing a primary function. [Restrooms are not areas containing a primary function unless the provision of restrooms is a primary purpose of the area, e.g., in highway rest stops.
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UNITED STATES OF AMERICA v. METROPOLITAN TRANSPORTATION AUTHORITY and NEW YORK CITY TRANSIT AUTHORITY - OPINION & ORDER
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Registered Accessibility Specialist (RAS) Bulletin RAS 2012-02 Alterations Affecting Primary Function Areas
RAS 2012-02 Alterations Affecting Primary Function Areas Effective Date: April 16, 2012 2012 TAS Reference: 202.4, Exception 2 This bulletin addresses the application of...
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LEGAL OPINION - U.S. DEPARTMENT OF TRANSPORTATION OFFICE of GENERAL COUNSEL on 49 CFR 37.43(a)
May 2016
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2. PRIMARY FUNCTION AREAS
Requirements for alterations (Section F202.4 of ABA Chapter 2) and leased facilities (Section F202.6.2 of ABA Chapter 2) refer to "primary function areas."...
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12162(e)(2)(B)(ii) Alterations to a primary function area
(ii) Alterations to a primary function area It shall be considered discrimination, for purposes of section 12132 of this title and section 794 of title 29, with respect to alterations...
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§ 37.43 Alteration of transportation facilities by public entities
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§ 37.43(a)
(a)
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§ 37.43(a)(2)
(2) When a public entity undertakes an alteration that affects or could affect the usability of or access to an area of a facility containing a primary function, the entity shall make the...
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§ 37.43(c)
(c) As used in this section, a primary function is a major activity for which the facility is intended....
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§ 37.43(e)(1)
provide an accessible path of travel to the altered area will be deemed disproportionate to the overall alteration when the cost exceeds 20 percent of the cost of the alteration to the primary...
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§ 37.43(h)(1)
(1) If an area containing a primary function has been altered without providing an accessible path of travel to that area, and subsequent alterations of that area, or a different area on...
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Section 36.403 Alterations: Path of Travel (Section-By-Section Analysis and Response to Comments)
The concept of "areas containing a primary function'' is analogous to the concept of "functional spaces'' in Sec.3.5 of the existing Uniform Federal Accessibility Standards, which defines...
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F202.4 Alterations Affecting Primary Function Areas
The final rule adds Exception 2 to this section, which applies to altered areas containing a primary function....
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106.5.45 Primary Function
106.5.45 Primary Function. A major activity for which the facility is intended....
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106.5.57 Safe Harbor
accordance with the April 1, 1994 Texas Accessibility Standards (TAS) are not required to be retrofitted to reflect the incremental changes in the 2012 TAS solely because of an alteration to a primary...
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Section 37.43 Alteration of Transportation Facilities by Public Entities
First, if the alteration is made to a primary function area, (or access to an area containing a primary function), the entity shall make the alteration in such a way as to ensure that the...
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§ 35.151(b)(4)(v)(A)
(A) The obligation to provide an accessible path of travel may not be evaded by performing a series of small alterations to the area served by a single path of travel if those...
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§ 35.151(b)(4)(v)(B)
(B)
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§ 35.151(b)(4)(v)(B)(1)
(1) If an area containing a primary function has been altered without providing an accessible path of travel to that area, and subsequent alterations of that area, or a different area on...
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§ 35.151(b)(4)(v)(B)(2)
(2) Only alterations undertaken on or after March 15, 2011 shall be considered in determining if the cost of providing an accessible path of travel is disproportionate to the overall...
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Path of travel
must submit to FTA an analysis demonstrating that the cost of making the path of travel accessible is disproportionate to (i.e., > 20%) the cost of the alterations or additions to the primary...
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202.2 Additions
Each addition that affects or could affect the usability of or access to an area containing a primary function shall comply with 202.4....
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Alterations and Additions
• When a town alters an area of a facility that contains a primary function area, the town has an additional obligation....
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202 Existing Buildings and Facilities
Criteria for alterations affecting primary function areas (202.4) and historic facilities (202.5) are also provided....