---
kind: "section"
citation: "28 C.F.R. § 36.102"
title: "28"
number: "36.102"
heading: "Application."
url: "https://uscodex.org/cfr/28/36.102"
---

# §36.102. Application.

- (a) **General.** This part applies to any—
  - (1) Public accommodation;
  - (2) Commercial facility; or
  - (3) Private entity that offers examinations or courses related to applications, licensing, certification, or credentialing for secondary or postsecondary education, professional, or trade purposes.
- (b) **Public accommodations.**
  - (1) The requirements of this part applicable to public accommodations are set forth in subparts B, C, and D of this part.
  - (2) The requirements of subparts B and C of this part obligate a public accommodation only with respect to the operations of a place of public accommodation.
  - (3) **The requirements of subpart D of this part obligate a public accommodation only with respect to—**
    - (i) A facility used as, or designed or constructed for use as, a place of public accommodation; or
    - (ii) **A facility used as, or designed and constructed for use as, a commercial facility.**
- (c) **Commercial facilities.** The requirements of this part applicable to commercial facilities are set forth in subpart D of this part.
- (d) **Examinations and courses.** The requirements of this part applicable to private entities that offer examinations or courses as specified in [paragraph (a)](#a) of this section are set forth in [§ 36.309](/cfr/28/36.309.md).
- (e) **Exemptions and exclusions.** This part does not apply to any private club (except to the extent that the facilities of the private club are made available to customers or patrons of a place of public accommodation), or to any religious entity or public entity.

## Notes

### Authority

Authority: 5 U.S.C. 301; 28 U.S.C. 509, 510; 42 U.S.C. 12186(b), 12205a.

### Source

Source: Order No. 1513-91, 56 FR 35592, July 26, 1991, unless otherwise noted.