Table Of Content
In some situations, an effective alternative to use of a notepad or an interpreter may be the use of a computer terminal upon which the representative of the public accommodation and the customer or client can exchange typewritten messages. The inclusion of this provision is not intended to imply that persons with disabilities pose risks to others. It establishes a strict standard that must be met before denying service to an individual with a disability or excluding that individual from participation. A public accommodation may not exclude persons with disabilities on the basis of disability for reasons other than those specifically set forth in this part.
Miniature Golf Facilities
Some commenters argued that chain establishments need additional time to redesign their “master facility” designs for replication at multiple locations, taking into account both the new standards and applicable State and local accessibility requirements. The purpose of the proposed six-month delay in requiring compliance with the 2010 Standards was to allow covered entities a reasonable grace period to transition between the existing and the proposed standards. For that reason, if a title II entity preferred to use the 2010 Standards as the standard for new construction or alterations commenced within the six-month period after the effective date of the final rule, such entity would be considered in compliance with title II of the ADA. One commenter proposed that a previous record of barrier removal be one of the factors in determining, prospectively, what renders a facility, when viewed in its entirety, usable and accessible to persons with disabilities. Another commenter asked the Department to clarify, at a minimum, that to the extent compliance with the Standards does not provide program access, particularly with regard to areas not specifically addressed in the 1991 Standards, the safe harbor will not operate to relieve an entity of its obligations to provide program access. Exercise machines and equipment shall have a clear floor space complying with 305 positioned for transfer or for use by an individual seated in a wheelchair.
Chapter 2: Scoping Requirements
As explained in paragraph (3) of the rule’s definition of disability, this includes a person who has a history of an impairment that substantially limited a major life activity, such as someone who has recovered from an impairment. It also includes persons who have been misclassified as having an impairment. In sum, the determination as to whether allergies to cigarette smoke, or allergies or sensitivities characterized by the commenters as environmental illness are disabilities covered by the regulation must be made using the same case-by-case analysis that is applied to all other physical or mental impairments.
Accessible Routes
The ADA Standards apply to new construction, alterations, and additions.While the scoping and technical requirements for new construction alsoapply to alterations and additions, provisions and exceptions specificto alterations or additions are provided throughout the document. Both DOJ’s and DOT’s ADA Standards are based on minimum accessibilityguidelines adopted by the Access Board in 2004, known as the ADAAccessibility Guidelines. As a result, these two sets of standards arevery similar for the most part. However, each contains additionalrequirements that are specific to the facilities covered by therespective agencies. The Standards require that primary entrances to dwelling units beaccessible.
B. Public Facilities:
If a facility subject to the elevator exemption set forth in paragraph (i) nonetheless has a full passenger elevator, that elevator shall meet, to the maximum extent feasible, the accessibility requirements of these guidelines. Special application sections 5 through 10 provide additional requirements for restaurants and cafeterias, medical care facilities, business and mercantile, libraries, accessible transient lodging, and transportation facilities. When a building or facility contains more than one use covered by a special application section, each portion shall comply with the requirements for that use. A continuous unobstructed path connecting all accessible elements and spaces of a building or facility. Interior accessible routes may include corridors, floors, ramps, elevators, lifts, and clear floor space at fixtures. Exterior accessible routes may include parking access aisles, curb ramps, crosswalks at vehicular ways, walks, ramps, and lifts.
Shows a person using a wheelchair positioned to one side of a toilet. The back of the wheelchair is facing the wall that is behind the toilet. The centerline toilet is shown as 18 inches (455 mm) from the closest side wall. The edge of the clear floor space on the opposite side of the toilet is shown as 42 inches (1065 mm) from the edge of the clear floor space to the centerline of the toilet. Three illustrations show the transfer from the wheelchair to the toilet. In (1), the user takes the transfer position adjacent to the toilet, removes the armrest closest to the toilet and sets brakes.
The Act requires the Attorney General to determine at what point the cost of providing an accessible path of travel becomes disproportionate. The proposed rule provided three options for making this determination. For purposes of this subpart, the rule does not distinguish between a "shopping mall’’ (usually a building with a roofed-over common pedestrian area serving more than one tenant in which a majority of the tenants have a main entrance from the common pedestrian area) and a "shopping center’’ (e.g., a "shopping strip’’).
Floor or Ground Surfaces
This will permit a person to call the pool lift when the pool lift is in the opposite position. It is extremely important for a person who is swimming alone to be able to call the pool lift when it is in the up position so he or she will not be stranded in the water for extended periods of time awaiting assistance. The requirement for a pool lift to be independently operable does not preclude assistance from being provided.
Law, Regulations & Standards
In the same vein, some Option One supporters found Option Two objectionable on due process grounds. In their view, Option Two would mean that in July 1991 (upon issuance of the final DOJ rule) the responsible entities would learn that ADA standards had been in effect since July 26, 1990, and this would amount to retroactive application of standards. Numerous commenters characterized Option Two as having no support in the statute and Option One as being more consistent with congressional intent. Paragraph 36.401(a)(1) restates the general requirement for accessible new construction. In response, the Department has revised this paragraph to repeat the language of section 303(a) of the ADA. The Department will interpret this section in a manner consistent with the intent of the statute and with the nature of the responsibilities of the various entities for design, for construction, or for both.
(i) An accessible entrance; (ii) An accessible route to the altered area; (iii) At least one accessible restroom for each sex or a single unisex restroom; (iv) Accessible telephones; (v) Accessible drinking fountains; and (vi) When possible, additional accessible elements such as parking, storage, and alarms. (1) A "path of travel" includes a continuous, unobstructed way of pedestrian passage by means of which the altered area may be approached, entered, and exited, and which connects the altered area with an exterior approach (including sidewalks, streets, and parking areas), an entrance to the facility, and other parts of the facility. (1) An accessible entrance; (2) An accessible route to the altered area; (3) At least one accessible restroom for each sex or a single unisex restroom; (4) Accessible telephones; (5) Accessible drinking fountains; and (6) When possible, additional accessible elements such as parking, storage, and alarms.
The 2010 Standards extend this requirement to mechanical access parking garages. The 1991 Standards contained an exception that exempted valet parking facilities from providing accessible parking spaces. The reason for not retaining the provision is that valet parking is a service, not a facility type. Commenters stated that the first exception, by allowing a small parking lot with four or fewer spaces not to post a sign at its one accessible space, is problematic because it could allow all drivers to park in accessible parking spaces.
Accessible routes shall coincide with or be located in the same area as general circulation paths. Where circulation paths are interior, required accessible routes shall also be interior. Modular furniture that is not permanently installed is not directly subject to these requirements. The Department of Justice ADA regulations provide additional guidance regarding the relationship between these requirements and elements that are not part of the built environment. Additionally, the Equal Employment Opportunity Commission (EEOC) implements title I of the ADA which requires non-discrimination in the workplace. EEOC can provide guidance regarding employers’ obligations to provide reasonable accommodations for employees with disabilities.
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