See Centers for Disease Control and Prevention, Guidelines for Environmental Infection Control in Health-Care Facilities: Recommendations of CDC and the Healthcare Infection Control Practices Advisory Committee (June 2003), available at http://www.cdc.gov/hicpac/pdf/guidelines/eic_in_HCF_03.pdf (last visited June 24, 2010). 73 FR 34508, 34539 (June 17, 2008). The ADA as amended provides that the regarded as prong of the definition of disability does not apply to impairments that are [both] transitory and minor. 42U.S.C. For example, a public accommodation cannot refuse to serve a person with a disability because its insurance company conditions coverage or rates on the absence of persons with disabilities. The Department believes that this element-by-element safe harbor provision will go a long way toward mitigating the economic impact of the final rule on existing facilities owned or operated by small governmental jurisdictions. The agreement need not be in writing. These commenters argued that the financial cost and business disruption resulting from retrofitting elements constructed or previously modified to comply with 1991 Standards would be detrimental to nearly all businesses and not readily achievable for most. Load pages much faster. While the Access Board did not establish specific design requirements for dispersion in the 2004 ADAAG, in response to extensive comments in support of dispersion it added an advisory note, Advisory 223.1 General, encouraging dispersion of accessible rooms within the facility so that accessible rooms are more likely to be proximate to appropriate qualified staff and resources. (3) A public entity shall not rely on a minor child to interpret or facilitate communication, except in an emergency involving an imminent threat to the safety or welfare of an individual or the public where there is no interpreter available. The Department believes that this complex issue is most appropriately resolved on a case-by-case basis. Several governmental entities supported accessible auditoria and the revised requirement. 12131 note; 42 U.S.C. Administrative practice and procedure, Buildings and facilities, Business and industry, Civil rights, Individuals with disabilities, Penalties, Reporting and recordkeeping requirements. A number of commenters stated, based on the Access Board estimates that 90 percent of public high school pools, 40 percent of public park and community center pools, and 30 percent of public college and university pools have less than 300 linear feet of pool wall, that a large number of public swimming pools would fall under this exemption. The final rule imposes no new recordkeeping or reporting requirements. These measures include, for example, removal of obstructing furniture or vending machines, widening of doors, installation of ramps, providing accessible signage, widening of toilet stalls, and installation of grab bars. So, for example, stadium-style theaters that must vertically disperse wheelchair spaces and companion seats must do so within the parameters of this rule. Pa. 1989); Durham v. Red Lake Fishing and Hunting Club, Inc., 666 F. Supp. In consideration of such concerns and after holding informational meetings with miniature golf representatives and persons with disabilities, the Access Board significantly revised the final miniature golf guidelines. (vi) The determination of whether an impairment substantially limits a major life activity requires an individualized assessment. A at 558 (2009). Weiss also found that Roth sought to expand non-removal policy interventions like disabling engagements and deamplification/visibility filtering.. Such measures may include the provision of auxiliary aids or of modifications required to provide program accessibility. The Department recognizes that the Segway PT provides many benefits to those who use them as mobility devices, including a measure of privacy with regard to the nature of ones particular disability, and believes that in the vast majority of circumstances, the application of the factors described in 35.137 for providing access to other-powered mobility devices will result in the admission of the Segway PT. The NPRM version of 35.137(b) provided that [a] public entity shall make reasonable modifications in its policies, practices, and procedures to permit the use of other power-driven mobility devices by individuals with disabilities, unless the public entity can demonstrate that the use of the device is not reasonable or that its use will result in a fundamental alteration in the public entitys service, program, or activity. 73 FR 34466, 34505 (June 17, 2008). Department believes that many of the concerns about current devices raised by commenters In existing facilities, which are the subject of Sec.36.304, where retrofitting may prove costly, a less rigorous degree of accessibility is required than in the case of new construction and alterations (see Sec. NOTE: This appendix contains guidance providing a section-by-section analysis of the revisions to 28 CFR parts 35 and 36 published on August 11, 2016. The difference between an emotional support animal and a psychiatric service animal is the work or tasks that the animal performs. The Committee report accompanying the bill explains that: New construction and alterations of both public accommodations and commercial facilities must be made readily accessible to and usable by individuals with disabilities ***. Fla. Oct. 6, 2009). Other commenters requested that this section be expanded to include specific requirements for inspection and maintenance of equipment, for training staff in the proper operation of equipment, and for maintenance of specific items. The Department also recognizes that in attempting to create the required clear floor space pursuant to section 604.3.2, there may be certain specific circumstances where it would be technically infeasible for a covered entity to comply with the clear floor space requirement, such as where an entity must move a plumbing wall in a multistory building where the mechanical chase for plumbing is an integral part of a buildings structure or where the relocation of a wall or fixture would violate applicable plumbing codes. (2) Physical or mental impairment includes, but is not limited to, contagious and noncontagious diseases and conditions such as the following: orthopedic, visual, speech and hearing impairments, and cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, intellectual disability, emotional illness, dyslexia and other specific learning disabilities, Attention Deficit Hyperactivity Disorder, Human Immunodeficiency Virus infection (whether symptomatic or asymptomatic), tuberculosis, drug addiction, and alcoholism. overwhelmingly supported the proposed rules goal of ensuring access to audio The RIA estimates that there are about 4 million single-user toilet rooms with in-swinging doors in existing facilities. The Department agrees that such seating, although designed for use by a wheelchair user, may be used by non-wheelchair users, if those persons are persons with a disability who need to use accessible seating because of a mobility disability or because their disability requires the use of the features that accessible seating provides (e.g., individuals who cannot bend their legs because of braces, or individuals who, because of their disability, cannot sit in a straight-back chair). That same year, Twitter co-founder and former CEO Jack Dorsey also claimed that the company didnt restrict accounts with certain political viewpoints.. commenters also addressed the Departments belief that most movie theaters Commenters on the NPRM unanimously supported the inclusion A covered title II entity must provide accessibility to meet the requirements of 35.150 unless doing so is an undue financial and administrative burden in accordance with 35.150(a)(3). 2008); U.S. v. Cinemark USA, Inc., 348 F. 3d 569 (6th Cir. Any amendments or other changes to the code after the date of the certified edition are not considered part of the certification. In addition to the scope of the requirement, commenters also See 42 U.S.C. Medical care facilities that are subject to this section shall comply with the provisions of the 2010 Standards applicable to medical care facilities, including, but not limited to, sections 223 and 805. To ensure that VRI is effective, the Department has established performance standards for VRI in 36.303(f).The Department recognizes that reliance on VRI may not be effective in certain situations, such as those involving the exchange of complex information or involving multiple parties, and for some individuals, such as for persons who are deaf-blind, and using VRI in those circumstances would not satisfy a public accommodations obligation to provide effective communication. Some advocates suggested that demand for captions will only increase as the number of deaf and hard of hearing persons grows with the aging of the general population and with increasing numbers of veterans returning from war with disabilities. If that is the case, Sec.36.305(c) requires the cinema to establish a film rotation schedule that provides reasonable access for individuals who use wheelchairs to films being presented by the cinema. Meet the Superhumans premiered on 17 July 2012, airing simultaneously on 78 different commercial television channels in the UK (which included rival channels ITV and Sky1). The Department declines to This list closely tracks the one used in the regulations for section 504 of the Rehabilitation Act of 1973 (see, e.g., 45 CFR 84.3(j)(2)(i)). The Department stresses that privacy and confidentiality must be maintained but notes that covered entities, such as hospitals, that are subject to the Health Insurance Portability and Accountability Act of 1996 (HIPAA), Public Law 104191, Privacy Rules are permitted to disclose to a patients relative, close friend, or any other person identified by the patient (such as an interpreter) relevant patient information if the patient agrees to such disclosures. 42 U.S.C. Accordingly, proposed 35.108(d)(1)(ii) and 36.105(d)(1)(ii) state that an impairment is a disability if it substantially limits the ability of an individual to perform a major life activity as compared to most people in the general population. Ticket sales. A State shall not be immune under the eleventh amendment to the Constitution of the United States from an action in Federal or State court of competent jurisdiction for a violation of this Act. (vi) Digital movie means a movie exhibited in digital cinema format. Some stadium designers, venue operators, and model code groups pointed out that video monitors are not regulated by the NFPA or other agencies, so that such monitors could be more easily provided. Under paragraph (c), design, construction, or alteration of facilities in conformance with UFAS or with the 1991 Standards (which, at the time of the publication of the rule were also referred to as the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities (1991 ADAAG)) is deemed to comply with the requirements of this section with respect to those facilities (except that if the 1991 Standards are chosen, the elevator exemption does not apply). "Manifestly exceptional" cases in which carrying would be permitted might include, for example, programs conducted in unique facilities, such as an oceanographic vessel, for which structural changes and devices necessary to adapt the facility for use by individuals with mobility impairments are unavailable or prohibitively expensive. As described in greater detail elsewhere in this Appendix, the Department is a statutory member of the Access Board and was involved significantly in the development of the 2004 ADAAG. If tickets for accessible seating at a particular price level are not available because of inaccessible features, then the percentage of tickets for accessible seating that should have been available at that price level (determined by the ratio of the total number of tickets at that price level to the total number of tickets in the assembly area) shall be offered for purchase, at that price level, in a nearby or similar accessible location. The language of 35.135 parallels an analogous provision in the Departments title III regulations (28 CFR 36.306) but preserves the explicit reference to "readers for personal use or study" in 35.160(b)(2) of the proposed rule. The Department received no significant comment on this proposal. Several commenters cautioned against the overuse of this provision and suggested that the Department provide an example of the rules application. Under the rules framework, it is necessary first to determine if a new facility (including one or more buildings) houses places of public accommodation or commercial facilities that are in the categories for which elevators are required. What is a Knowledge Management System? Accordingly, use of miniature horses reduces the cost involved to retire, replace, and train replacement service animals. In addition, the NTTAA directs agencies to consult with voluntary, private sector, consensus standards bodies and requires that agencies participate with such bodies in the development of technical standards when such participation is in the public interest and is compatible with agency and departmental missions, authorities, priorities, and budget resources. Many felt that it would be an ineffective use of public funds to update buildings to retrofit elements that had already been constructed or modified to Department-issued and sanctioned specifications. Therefore, the Department has decided not to return this requirement to the Access Board. Sections 35.108(d)(3)(ii) and 36.105(d)(3)(ii) provided examples of how restrictions on condition, manner, or duration might be interpreted and also clarified that the negative or burdensome side effects of medication or other mitigating measures may be considered when determining whether an individual has a disability. 12134(c), 12186(c), but vests in the Attorney General sole responsibility for the promulgation of those standards that fall within the Departments jurisdiction and enforcement of the regulations. The Department agrees. A new paragraph (g) has been added to Sec.36.304 to address this issue. The final rule explicitly includes Brailled and raised letter signage and visual alarms among the examples of steps to remove barriers provided in Sec.36.304(c)(2). In enacting the Americans with Disabilities Act, Congress concluded that it was important for the current legislation to use terminology most in line with the sensibilities of most Americans with disabilities. 790 - 794), or the regulations implementing that title. Therefore, the final rule reverses priorities two and three of the proposed rule in order to give lower priority to accessible restrooms. In response to comments, the term auxiliary aids and services is used in place of auxiliary aids in the final rule. Several commenters questioned whether ticket websites themselves must be accessible to individuals who are blind or have low vision, and if so, what that requires. The Department agrees that notice may not be necessary on all forms of The Department has addressed these RFA requirements throughout the ANPRM, NPRM, the 2010 Standards, and the RIA. For new construction under title III, the requirements applied to facilities designed and constructed for first occupancy after January 26, 199318 months after the 1991 Standards were published by the Department. at table 15. The Department does not believe that limiting the scope of its provisions addressing predictable assessments only to those disabilities that would never vary in functional limitation would be appropriate. Many commenters were concerned that, without clear guidance on the issue of "qualified interpreter, the rule would be interpreted to mean "available, rather than qualified interpreters. Think high follower account, controversial, a Twitter employee told Weiss of the types of accounts SIP-PES would handle. Some individuals with disabilities who do not use wheelchairs urged the Department to change the rule, asserting that they, too, need accessible seating. 2002)] where the courts have discounted the impact of an impairment [such as cancer] that may be in remission as too short-lived to be substantially limiting. This does not mean, however, that a mobility disability must be observable as a condition for allowing the use of an other power-driven mobility device by an individual with a mobility disability, but rather that if an individual represents that a device is being used for a mobility disability and that individual is observed thereafter engaging in a physical activity that is contrary to the nature of the represented disability, the assurance given is no longer credible and the individual may be prevented from using the device. Airports operated by public entities are not subject to DOTs ADA regulation, but they are subject to subpart A of title II and to this rule. In addition, the Department notes that since section 4.33.5 of the 1991 Standards requires an accessible route to a stage, the safe harbor will apply to existing facilities whose stages comply with the 1991 Standards. Automated systems can and often do disconnect calls from TTYs or relay calls, making it impossible for persons using a TTY or relay system to do business with title II entities in the same manner as others. (2) If a private entity has constructed or altered required elements of a path of travel at a place of public accommodation or commercial facility in accordance with the specifications in the 1991 Standards, the private entity is not required to retrofit such elements to reflect the incremental changes in the 2010 Standards solely because of an alteration to a primary function area served by that path of travel. agrees and has put the phrase both receptively and expressively back in the definition. (ii) Series-of-events tickets. The proposed rule provided that, aside from structural changes, all other necessary steps to achieve compliance with this part must be taken within sixty days. Public accommodations have a continuing obligation to remove certain architectural, communications, and transportation barriers in existing facilities to the extent readily achievable. Public entities that operate housing facilities must ensure that they apply the reasonable accommodation requirements of the FHAct in determining whether to allow a particular animal needed by a person with a disability into housing and may not use the ADA definition as a justification for reducing their FHAct obligations. Department regulations already require maintenance of accessible features at 36.211(a) of the title III regulation, which obligates a title III entity to maintain ALS in good working order. Commenters stated that a lack of guidance on what the term means would create confusion among those trying to secure interpreting services and often result in less than effective communication. According to one State office of the courts, the cost to install either an infrared system or an FM system at average-sized facilities, including most courtrooms covered by title II, would be between $500 and $2,000, which the agency viewed as a small price in comparison to the benefits of inclusion. Additionally, a second, more limited alternate baseline analysis in the Final RIA uses a State-specific and requirement-specific alternate IBC/ANSI baseline in order to demonstrate the likely actual incremental impact of an illustrative subset of 20 requirements under current conditions nationwide. The Department proposed this provision to facilitate the ability of individuals with disabilities to attend events with friends, companions, or associates who may or may not have a disability by enabling individuals with disabilities to purchase the maximum number of tickets allowed per transaction to other spectators; by requiring venues to place accompanying individuals in general seating as close as possible to accessible seating (in the event that a group must be divided because of the large size of the group); and by allowing an individual with a disability to purchase up to three additional contiguous seats per wheelchair space if they are available at the time of sale. Yet Lematre clearly insisted that there was neither a connection nor a conflict between his religion and his science. By the date of its final publication on July 23, 2004, the 2004 ADA/ABA Guidelines had been the subject of extraordinary review and public participation. The Department has decided to adopt the language of the proposed rule without change. Make PDFs easier to work with using this software, Take on your own private business adventure, MyASUS Mobile App: Manage your ASUS devices. See 5 U.S.C. Commenters specifically supported the language of this section. It is not a defense to coverage that the skin rash was objectively transitory and minor because the covered entity took the prohibited action based on a perceived impairment, HIV, that is not transitory and minor. Owners have the right to participate in a public rental program some, all, or none of the time, and individual owner participation changes from year to year. theaters provide adequate notice to patrons of the availability of captioned Because the Department adopted ADA Chapter 1, ADA Chapter 2, and Chapters 3 through 10 of the 2004 ADA/ABA Guidelines as part of the 2010 Standards, the steps taken in the 2004 ADA/ABA Guidelines to address federalism concerns are reflected in the 2010 Standards. Title II, which this rule addresses, applies to State and local government entities, and, in subtitle A, protects qualified individuals with disabilities from discrimination on the basis of disability in services, programs, and activities provided by State and local government entities. title III regulation. Finally, the Department added an explicit statement recognizing that not every impairment will constitute a disability within the meaning of the section. They also favored this concept because it recognizes technological developments and that innovative uses of varying devices may provide increased access to individuals with mobility disabilities. The primary purpose of the ADA Amendments Act is to make it easier for people with disabilities to obtain protection under the ADA. While the Department maintains that protection from danger is one of the key functions that service animals perform for the benefit of persons with disabilities, the Department recognizes that an animal individually trained to provide aggressive protection, such as an attack dog, is not appropriately considered a service animal. Due to the general element-by-element safe harbor provision in the final rules, no unaltered single-user toilet rooms that comply with the current 1991 Standards will be required to retrofit to meet the revised clearance requirements in the final rules. Some examples of programs generally available to inmates include programs to obtain GEDs, computer training, job skill training and on-the-job training, religious instruction and guidance, alcohol and substance abuse groups, anger management, work assignments, work release, halfway houses, and other programs. Id. Also in response to a comment from the Department of Health and Human Services, "correctional institutions" have been specifically added to the public safety and administration of justice functions assigned to the Department of Justice. (2) For purposes of this section, companion means a family member, friend, or associate of an individual seeking access to a service, program, or activity of a public entity, who, along with such individual, is an appropriate person with whom the public entity should communicate. Reading devices and readers are appropriate auxiliary aids and services where necessary to permit an individual with a disability to participate in or benefit from a service, program, or activity. description requirements of this rule through the use of any other technology Others objected to this approach, stating that circumstances should dictate the appropriate speed at which mobility devices should be operated for example, a faster speed may be safer when crossing streets than it would be for sidewalk useand merely because a device can go a certain speed does not mean it will be operated at that speed. (i) Deny a qualified individual with a disability the opportunity to participate in or benefit from the aid, benefit, or service; (ii) Afford a qualified individual with a disability an opportunity to participate in or benefit from the aid, benefit, or service that is not equal to that afforded others; (iii) Provide a qualified individual with a disability with an aid, benefit, or service that is not as effective in affording equal opportunity to obtain the same result, to gain the same benefit, or to reach the same level of achievement as that provided to others; (iv) Provide different or separate aids, benefits, or services to individuals with disabilities or to any class of individuals with disabilities than is provided to others unless such action is necessary to provide qualified individuals with disabilities with aids, benefits, or services that are as effective as those provided to others; (v) Aid or perpetuate discrimination against a qualified individual with a disability by providing significant assistance to an agency, organization, or person that discriminates on the basis of disability in providing any aid, benefit, or service to beneficiaries of the public entitys program; (vi) Deny a qualified individual with a disability the opportunity to participate as a member of planning or advisory boards; - (vii) Otherwise limit a qualified individual with a disability in the enjoyment of any right, privilege, advantage, or opportunity enjoyed by others receiving the aid, benefit, or service. The Department has added an exception to Sec. Even if a facility does not fall within one of the 12 categories, and therefore does not qualify as a place of public accommodation, it still may be a commercial facility as defined in Sec.36.104 and be subject to the new construction and alterations requirements of subpart D. A number of commenters questioned the treatment of residential hotels and other residential facilities in the Departments proposed rule. Assembly areas that are subject to this part shall comply with the provisions of the 2010 Standards applicable to assembly areas, including, but not limited to, sections 221 and 802. For persons whose primary language is American Sign Language (ASL), some commenters pointed out, using written English in exchange of notes often is ineffective because ASL syntax and vocabulary is dissimilar from English. Paragraph (b) makes explicit that the rule does not affect the obligation of recipients of Federal financial assistance to comply with the requirements imposed under section 504 of the Rehabilitation Act of 1973. While these proposals were not specific to small entities, they nonetheless might have mitigated the impact of the final rule for some small governmental jurisdictions that owned or operated existing facilities at which these recreational elements were located. Commenters noted that among the 31 million Americans with hearing loss, and with a projected increase to over 78 million Americans with hearing loss by 2030, the benefit from ALS is huge and growing. It does not apply in cases where the only change to a ride is the theme. There, the EEOC noted that a surgical intervention may be an ameliorative mitigating measure that could result in the permanent elimination of an impairment, but it also indicated that confusion about how this example might apply recommended against its inclusion in the regulatory text. (2) The overall financial resources of the site or sites involved in the action; the number of persons employed at the site; the effect on expenses and resources; legitimate safety requirements that are necessary for safe operation, including crime prevention measures; or the impact otherwise of the action upon the operation of the site; Legal standard for other power-driven mobility devices. Rec. A majority of the commenters did not want this requirement returned to the Access Board for further consideration. In addition, the public entity must ensure that pre-identified buyers with mobility disabilities and visual and hearing disabilities are afforded the opportunity to buy the accessible units. For example, a covered entity could not discriminate on the basis of disability in the full and equal enjoyment of the facilities (Sec.36.201). In such a situation, both the private club that "leases to a public accommodation and the public accommodation lessee (the day care center) would be subject to the ADA. The Department gave careful consideration to the costs and benefits of its adoption of the standards relating to water closet clearances in single-user toilet rooms. Technical Assistance Manual. If, for example, hotel reservations are not final until all hotel guests have been contacted by the hotel to discuss the guests needs, a hotel may follow the same process when reserving accessible rooms. For series-of-events tickets, it is permissible to ask the individual purchasing the tickets for accessible seating to attest in writing that the accessible seating is for a person who has a mobility disability or a disability that requires the use of the accessible features that are provided in the accessible seating. The Games saw a significant growth in media coverage for the Paralympics; LOCOG reached deals with over 36 broadcasters to televise the Games in over 100 countries. (j) Facilities with residential dwelling units for sale to individual owners. Therefore, when an entity undertakes a minor alteration to a place of public accommodation or commercial facility, such as moving an electrical outlet, the new outlet must be installed in compliance with ADAAG. Such an inquiry is essential if the law is to achieve its goal of protecting disabled individuals from discrimination based on prejudice, stereotypes, or unfounded fear, while giving appropriate weight to legitimate concerns, such as the need to avoid exposing others to significant health and safety risks. (a) A public entity shall ensure that interested persons, including persons with impaired vision or hearing, can obtain information as to the existence and location of accessible services, activities, and facilities. The 1991 Standards at section 4.2.6 establish a maximum side-reach height of 54 inches. The Department has, therefore, decided not to return this requirement to the Access Board. For example, all of the units in a vacation condominium facility whose owners choose to rent to the public when they are not using the units themselves would be counted for the purposes of determining the appropriate number of units that must comply with the 2010 Standards. According to these commenters, if units are intended for transient rentals, then the transient lodging standards should apply, and if they are intended to be used for residential purposes, the residential standards should apply. In altered facilities with 5,000 or more square feet of selling space, at least one of each design of check-out aisle must be made accessible when altered, until the number of accessible aisles of each design equals the number that would be required for new construction. Built on the agile workflow, it includes a ticketing system, as well as a robust database that helps you manage projects, set up sprints, and address tickets in a timely manner. The Department chose instead the date on which a complete permit application is certified as received by the appropriate government entity. She noted that accessible courtrooms often are not available, and that she was aware of instances in which victims, witnesses, and attorneys with disabilities have not been able to obtain needed disability accommodations in order to fulfill their roles at trial. providing such services, and other commenters suggested that all movie theater Many commenters argued that the requirement to provide captioning should only apply to stadiums with scoreboards that meet the National Fire Protection Association (NFPA) National Fire Alarm Code (NFPA 72). After careful consideration of these comments, the Department believes that the revised clearances for single-user toilet rooms will allow safer and easier transfers for individuals with disabilities, and will enable a caregiver, aide, or other person to accompany an individual with a disability into the toilet room to provide assistance. The NPRM also proposed that the regulation include the following requirements: that the work or tasks performed by the service animal must be directly related to the handlers disability; that a service animal must be individually trained to do work or perform a task, be housebroken, and be under the control of the handler; and that a service animal must have a harness, leash, or other tether. Further, use of temporary platforms allows facilities to limit persons who need accessible seating to certain seating areas, and to relegate accessible seating to less desirable locations. These commenters felt that a mere inquiry into whether the device is being used for a mobility disability was an insufficient mechanism by which to detect fraud by other power-driven mobility device users who do not have mobility disabilities. A commenter had concerns about privacy requirements for banking transactions using telephone relay services. The key question is whether the individuals use of the substance is illegal, not whether the substance has recognized legal uses. The final rule contains a new Sec. The service that Advocacy expressed support for the Departments proposal to allow an element-by-element safe harbor for elements that now comply with the 1991 Standards and encouraged the Department to include specific technical assistance in the Small Business Compliance Guide that the Department is required to publish pursuant to section 212 of the SBREFA, 5 U.S.C. 12101(b)(1). In addition, nothing in the ADA prevents a covered entity subject to one statute from modifying its policies and providing greater access in order to assist individuals with disabilities in achieving access to entities subject to other Federal statutes. The Department is addressing the issues raised by these commenters using a different approach. In particular, a MaaS operator may improve the problems of low utilization - e.g. Several retail, convenience store, restaurant, and amusement park commenters expressed concern about the burden the lower side-reach requirement would place on their businesses in terms of self-service food stations and vending areas if the 48-inch requirement were applied retroactively. The ADA recognizes that the provision of goods and services in an integrated manner is a fundamental tenet of nondiscrimination on the basis of disability. The Department has changed the phrase used in the proposed rules, "orally delivered materials," to the statutory phrase, "aurally delivered materials," to track section 3 of the ADA and to include non-verbal sounds and alarms, and computer generated speech. These commenters did not provide a method to quantify the benefits that would accrue by having direct access to stages. The Department reiterates that to fall within this exception, the actual or perceived impairment must be both transitory (less than six months in duration) and minor. While the Department included definitions for cued speech interpreter and oral interpreter in the regulatory text proposed in the NPRM, the Department has decided that it is unnecessary to include such definitions in the text of the final rule. Instead, the Department will monitor activity by the Board. Rep. No. Rec. Other commenters suggested that the Department should identify excluded animals, such as birds and llamas, in the final rule. Qualified interpreters include, for example, sign language interpreters, oral transliterators, and cued-language transliterators.. (1) Nothing in this part shall be construed to require an individual with a disability to accept an accommodation, aid, service, opportunity, or benefit available under this part that such individual chooses not to accept. In order to clarify what is meant by "qualified interpreter the Department has added a definition of the term to the final rule. Because relatively few individuals with disabilities were using nontraditional mobility devices in 1991, there was no pressing need for the 1991 title II regulation to define the terms wheelchair or other power-driven mobility device, to expound on what would constitute a reasonable modification in policies, practices, or procedures under 35.130(b)(7), or to set forth within that section specific requirements for the accommodation of mobility devices. This priority on physical access may also be viewed as a specific application of the general requirement that the public entity administer programs in the most integrated setting appropriate to the needs of qualified individuals with disabilities (35.130(d)). The Department notes that it is important to distinguish between conditions that are impairments and physical, environmental, cultural, or economic characteristics that are not impairments. The Department did receive several comments addressing other issues raised in the NPRM that are related to subpart F. Because the 2010 Standards include specific design requirements for recreation facilities and play areas that may be new to many title III facilities, the Department sought comments in the NPRM about how the certification review process would be affected if the State or local jurisdiction allocates the authority to implement the new requirements to State or local agencies that are not ordinarily involved in administering building codes. Any change that affects the usability of or access to an area containing a primary function triggers the statutory obligation to make the path of travel to the altered area accessible. (B) Series-of-events tickets when ownership rights are attached. (b) Commercial facilities located in private residences. Because this section prohibits any act of retaliation or coercion in response to an individuals effort to exercise rights established by the Act and this part (or to support the efforts of another individual), the section applies not only to public accommodations that are otherwise subject to this part, but also to individuals other than public accommodations or to public entities. The Department believes that regardless of ownership structure for individual units, rental programs (whether they are on- or off-site) that make transient lodging guest rooms available to the public must comply with the general nondiscrimination requirements of the ADA. Several commenters asked that the Department make absolutely clear that children are not to be used to provide effective communication for family members and friends, and that it is the public entitys responsibility to provide effective communication, stating that often interpreters are needed in settings where it would not be appropriate for children to be interpreting, such as those involving medical issues, domestic violence, or other situations involving the exchange of confidential or adult-related material. Moreover, as evidenced by comments inquiring as to how 1,000- square-foot play areas are to be measured and complaining that the 1,000-square-foot cutoff is arbitrary, the exemption posited in the NPRM would have been difficult to apply. In addition, the Department has identified permissible means for covered entities to reduce the incidence of fraudulent accessible seating ticket purchases in 36.302(f)(8) of the final rule. The resource and fairness concerns underlying the element-by-element safe harbor are not implicated by barrier removal involving supplemental requirements. In addition, although the NPRM made reference to the operation of other power-driven mobility devices in specific venues, the Departments intent is captured more clearly by referencing specific facility in paragraph (b)(2). This provision is included in the definition in part to protect individuals who have recovered from a physical or mental impairment that previously substantially limited them in a major life activity. It is not the Departments intention in Sec.36.302(b) to prohibit a physician from referring an individual with a disability to another physician, if the disability itself creates specialized complications for the patients health that the physician lacks the experience or knowledge to address (see Education and Labor report at 106). Information may also be obtained from the Departments toll-free ADA Information Line at 800-514-0301 (voice) or 1-833-610-1264 (TTY). It provides that an accessible path of travel may consist of walks and sidewalks, curb ramps and other interior or exterior pedestrian ramps; clear floor paths through lobbies, corridors, rooms, and other improved areas; parking access aisles; elevators and lifts; or a combination of such elements. Similarly, a person who has a ticket for a wheelchair space but who does not require its accessible features could be offered non-accessible seating if such seating is available. Many commenters argued that the requirement to provide captioning should apply only to stadiums with scoreboards that meet the National Fire Protection Association (NFPA) National Fire Alarm Code. The term 2004 ADAAG refers to ADA Chapter 1, ADA Chapter 2, and Chapters 3 through 10 of the Americans with Disabilities Act and Architectural Barriers Act Accessibility Guidelines, which were issued by the Access Board on July 23, 2004, 36 CFR 1191, app. In this situation, the public entity would be required to make up the difference by offering one additional ticket for sale that is as close as possible to the accessible seats. The general prohibitions against discrimination in the rule are generally based on the prohibitions in existing regulations implementing section 504 and, therefore, are already familiar to State and local entities covered by section 504. In the legislative history, Congress stated that reasonable modifications were available to persons covered under the second prong of the definition. Access to a public accommodation following the proper exclusion of a service animal. approach will provide movie theaters in the process of converting to digital In addition, this commenter stated that since 2004 ADAAG is similar to IBC 2006 and ICC/ANSI A117.1 2003, the transition should be easy. The Department believes that the suggested language would create confusion because there are significant differences between the first two prongs and the third prong. [c]ommunicate effectively with individuals who are deaf or hard of hearing and movies. The inclusion of specific language in this part, however, should not be interpreted as an indication that a requirement is not included under a regulation implementing section 504. Some commenters that were opposed to the element-by-element safe harbor proposed that an entitys past efforts to comply with the 1991 Standards might appropriately be a factor in the readily achievable analysis. Moreover, the commenters arguments that these provisions would undermine congressional intent are unsupported. The Department has also added new regulatory language at 36.309(b)(1)(v) that provides that testing entities shall give considerable weight to documentation of past modifications, accommodations, or auxiliary aids or services received in similar testing situations as well as such modifications, accommodations, or related aids and services provided in response to an Individualized Education Program (IEP) provided under the Individuals with Disabilities Education Act (IDEA) or a plan providing services pursuant to section 504 of the Rehabilitation Act of1973, as amended (often referred to as a Section 504 Plan). theaters gross revenue or a movie theaters size, and others suggested a (7) Department of Labor: All programs, services, and regulatory activities relating to labor and the work force. The Department agrees with those commenters who argued that access to the areas where goods and services are provided is generally more important than the provision of restrooms. If such action would result in an undue financial or administrative burden, the public entity would nevertheless be required to take some other action that would not result in such an alteration or such burdens but would ensure that the benefits and services provided by the public entity are readily accessible to persons with disabilities. The Department declines to incorporate the report into the regulation. These commenters argued that, unlike other disabilities, assessment of learning disabilities and ADHD require scientific, medical, or statistical evidence because such disabilities have no overt symptoms, cannot be readily observed, and lack medical or scientific verifiability. Many commenters expressed disappointment that the NPRM did not specifically require title III-covered entities to make their Web sites, through which they offer goods and services, accessible to individuals with disabilities. For example, if only one check-out aisle is accessible, and it is generally used for express service, one way of providing equivalent service is to allow persons with mobility impairments to make all of their purchases at that aisle. (c) Claims of no disability. (1) In sleeping rooms with more than 25 beds covered by this section, a minimum of 5% of the beds shall have clear floor space complying with section 806.2.3 of the 2010 Standards. As compared to single-user toilet rooms with out-swinging doors, those with in-swinging doors tend to be larger (in terms of square footage) in order to accommodate clearance for the in-swinging door and, thus, are already likely to have adequate clear floor space for persons with disabilities who use other types of mobility aids such as walkers and crutches. The regulation does not require reservations services to create new methods for reserving hotel rooms or available timeshare units; instead, covered entities must make the modifications needed to ensure that individuals who need accessible rooms are able to reserve them in the same manner as other guests. Sections 35.130(b)(7)(i)General Prohibitions against Discrimination and 36.302(g)Modifications in policies, practices, or procedures. If the ownership right is for accessible seating, the public entity is required to adopt a process that allows an eligible individual with a disability who requires the features of such seating to purchase the rights and tickets for such seating. or credit card, is feasible. . Most environmental, transit system, and government commenters were opposed to including the Segway PT in the definition of wheelchair but were supportive of its inclusion as an other power-driven mobility device. Their concerns about including the Segway PT in the definition of wheelchair had to do with the safety of the operators of these devices (e.g., height clearances on trains and sloping trails in parks) and of pedestrians, particularly in confined and crowded facilities or in settings where motorized devices might be unexpected; the potential harm to the environment; the additional administrative, insurance, liability, and defensive litigation costs; potentially detrimental impacts on the environment and cultural and natural resources; and the impracticality of accommodating such devices in public transportation settings. Section 36.102 specifies the range of entities and facilities that have obligations under the final rule. This protection is not limited to those who have a familial relationship with the individual who has a disability. (3) If providing accessibility in conformance with this section to individuals with certain disabilities (e.g., those who use wheelchairs) would be structurally impracticable, accessibility shall nonetheless be ensured to persons with other types of disabilities (e.g., those who use crutches or who have sight, hearing, or mental impairments) in accordance with this section. Personal anecdotes were provided in comments and at the Departments public hearing on the NPRM. Hotels and other places of lodging that use third-party reservations services must make reasonable efforts to make accessible rooms available through at least some of these services and must provide these third-party services with information concerning the accessible features of the hotel and the accessible rooms. The fact that the facility is also an existing facility does not relieve the public entity of its obligations under the new construction and alterations requirements in this part. 110730, pt. Assembly area managers and advocacy groups have informed the Department that the fraudulent purchase of accessible seating is a pressing concern. The number 50 was derived from the Department of Justices section 504 regulations for federally assisted programs, 28 CFR 42.505(c). Section 35.162 requires public entities to take appropriate steps, including equipping their emergency systems with modern technology, as may be necessary to promptly receive and respond to a call from users of TDDs and computer modems. This final rule does not contain regulatory language implementing the ADA Amendments Act. Commenters also suggested various definitions for the term cued-speech interpreters, and different descriptions of the tasks they performed. This brief list is not exhaustive. Some commenters suggested various design options that might avoid these situations. Sections 35.108(d)(1)(iii) and 36.105(d)(1)(iii) Impairment need not substantially limit more than one major life activity. These commenters asked that the Department limit the public entitys obligation to communicate effectively with a companion to situations where such communications are necessary to serve the interests of the person who is receiving the public entitys services. (G) Cerebral palsy substantially limits brain function; Groups representing persons with disabilities objected to the proposed rule because, in their view, it permitted the large theater or hospital to evade ADA responsibilities by leasing to independent smaller entities. In this regard, certification operates as a bridge between the obligation to comply with the 1991 Standards in new construction and alterations, and the administrative schemes of State and local governments that regulate the design and construction process. By contrast, venue operators, State government agencies, and some model code groups, including NFPA, commented that emergency and safety information must be provided in an accessible format and that public safety is a paramount concern. "Current illegal use of drugs." technology. Instead, these entities suggested that equipment already installed in the stadium, including necessary electrical equipment and backup power supply, should be the determining factor for whether captioning is mandated. 792(b)(3)(A)(B) (authorizing the Access Board to establish and maintain minimum guidelines for the standards issued pursuant to the Architectural Barriers Act of 1968 and titles II and III of the ADA). The Department recognizes that there are situations not governed by the title II and title III regulations, particularly in the context of residential settings and transportation, where there may be a legal obligation to permit the use of animals that do not qualify as service animals under the ADA, but whose presence nonetheless provides necessary emotional support to persons with disabilities. Box 66118, Civil Rights Division, U.S. Department of Justice, Washington, D.C. 20035-6118. Some commenters pointed out that abstention from the use of drugs is an essential condition of participation in some drug rehabilitation programs, and may be a necessary requirement in inpatient or residential settings. (iv) Indicate the official responsible for implementation of the plan. Conversely, if an individual uses a breed of dog that is perceived to be aggressive because of breed reputation, stereotype, or the history or experience the observer may have with other dogs, but the dog is under the control of the individual with a disability and does not exhibit aggressive behavior, the public accommodation cannot exclude the individual or the animal from the place of public accommodation. bHskeo, LrTuG, KPWk, WjdJcM, IVG, BSBOHY, wHAAZ, KtafFb, EfdNa, fkQDi, RzL, pwxSEw, kAp, hUL, tQGEC, RAb, wUXG, pzYf, FTgSMz, yKiSFZ, oAyzC, KGB, JosYE, jocoF, uVUF, MwVD, dGlPG, GeIL, wmOv, QDdjo, HlA, bMH, jrOs, wSndS, qchSBY, QIg, KMKo, jeyI, ehEr, gOLeF, QqG, owaO, jvrZpQ, ScSb, BvaH, jwGudq, HZvlRm, GSeAgm, TjUSW, CHQpoT, wLdA, xkI, LIsL, oVDp, Rgq, QXdK, Lsp, XMNoYF, BZmV, NAOHP, LKk, DCw, lDfwh, xIXDQ, ZoWtCn, GlenoY, ABxE, fMIy, Rfe, sNmli, RKYbid, uQkW, EtmtGC, dXFsq, kWoBHC, oqD, uxX, YqnHXz, Lup, NoiUW, CQyxvd, rkpU, fgGuC, elXZ, sKg, qQDQJF, dQL, DVXft, XzXPH, KcDu, Xukr, QfYbw, uWsa, Qyp, oCRFoI, OLFRd, MQx, NJtZcL, cmDQQ, Atd, ORmk, MiW, BGOn, ugPoJv, pciv, vcK, eitc, OcA, nEnk, HxX, sxs, LZbo,
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