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§35.150. Existing facilities. — Inbound Citations

28 C.F.R. § 35.150

Cited by 5 regulations in release Current.

Citations to 28 U.S.C. § 35.150 as a whole

  • Except as otherwise provided in § 35.150, no qualified individual with a disability shall, because a public entity's facilities are inaccessible to or unusable by individuals with disabilities, be excluded from participation in, or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any public entity.
  • (2) The path of travel requirements of § 35.151(b)(4) shall apply only to alterations undertaken solely for purposes other than to meet the program accessibility requirements of § 35.150.
  • (1) If you are a public entity, you must ensure that your terminals and other landside facilities meet program accessibility requirements, consistent with Department of Justice requirements at 28 CFR 35.150.

Citations to §35.150(a)

  • (3) Require a public entity to take any action that it can demonstrate would result in a fundamental alteration in the nature of a service, program, or activity or in undue financial and administrative burdens. In those circumstances where personnel of the public entity believe that the proposed action would fundamentally alter the service, program, or activity or would result in undue financial and administrative burdens, a public entity has the burden of proving that compliance with § 35.150(a) of this part would result in such alteration or burdens. The decision that compliance would result in such alteration or burdens must be made by the head of a public entity or his or her designee after considering all resources available for use in the funding and operation of the service, program, or activity, and must be accompanied by a written statement of the reasons for reaching that conclusion. If an action would result in such an alteration or such burdens, a public entity shall take any other action that would not result in such an alteration or such burdens but would nevertheless ensure that individuals with disabilities receive the benefits or services provided by the public entity.

Citations to §35.150(b)(2)(i)

  • (ii) The safe harbor provided in § 35.150(b)(2)(i) does not apply to those elements in existing facilities that are subject to supplemental requirements (i.e., elements for which there are neither technical nor scoping specifications in the 1991 Standards). Elements in the 2010 Standards not eligible for the element-by-element safe harbor are identified as follows—
    (A) sections 233 and 809.
    (B) sections 234 and 1002; 206.2.9; 216.12.
    (C) sections 235 and 1003; 206.2.10.
    (D) sections 236 and 1004; 206.2.13.
    (E) sections 237 and 1005; 206.2.14.
    (F) sections 238 and 1006; 206.2.15.
    (G) sections 239 and 1007; 206.2.16.
    (H) sections 240 and 1008; 206.2.17.
    (I) sections 241 and 612.
    (J) sections 242 and 1009.
    (K) sections 243 and 1010.
    (L) (1) Team or player seating, section 221.2.1.4.
    (2) Accessible route to bowling lanes, section 206.2.11.
    (3) Accessible route in court sports facilities, section 206.2.12.