Accomodating smokers on campuses
Under the Department's 1991 title III regulation, places of public accommodation and commercial facilities currently are required to comply with the 1991 Standards with respect to newly constructed or altered facilities.
Appendix A of the 1991 title III regulation, which is republished as Appendix D to 28 CFR part 36, contains the ADA Standards for Accessible Design (1991 Standards), which were based upon the version of the Americans with Disabilities Act Accessibility Guidelines (1991 ADAAG) published by the Access Board on the same date.
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. 794, to all activities of State and local governments regardless of whether these entities receive Federal financial assistance. The Department is also amending its title III regulation, which prohibits discrimination on the basis of disability by public accommodations and in commercial facilities, concurrently with the publication of this rule in this issue of the Federal Register.
In support of this effort, the Department is amending its regulation implementing title II and is adopting standards consistent with ADA Chapter 1, ADA Chapter 2, and Chapters 3 through 10 of the 2004 ADA/ABA Guidelines, naming them the 2010 ADA Standards for Accessible Design.
ADA Chapter 1 and ADA Chapter 2 of the 2004 ADA/ABA Guidelines provided scoping requirements for facilities subject to the ADA; ‘‘scoping'' is a term used in the 2004 ADA/ABA Guidelines to describe requirements that prescribe which elements and spaces— and, in some cases, how many—must comply with the technical specifications.
Section 229(a) and section 244 of the ADA direct the Secretary of Transportation to issue regulations implementing part B of title II, except for section 223. As a Federal member of the Access Board, the Attorney General's representative voted to approve the revised guidelines.
12186(c), but vests in the Attorney General sole responsibility for the promulgation of those standards that fall within the Department's jurisdiction and for enforcement of the regulations. Section 204(a) of the ADA directs the Attorney General to issue regulations implementing part A of title II but exempts matters within the scope of the authority of the Secretary of Transportation under section 223, 229, or 244. Chapters 3 through 10 provide uniform technical specifications for facilities subject to either the ADA or ABA.
ABA Chapter 1 and ABA Chapter 2 provide scoping requirements for facilities subject to the ABA (, facilities designed, built, altered, or leased with Federal funds).
The Department also published an NPRM on that day covering title III (73 FR 34508).Commenters also provided some information on how to assess the cost of elements in small facilities, office buildings, hotels and motels, assembly areas, hospitals and long-term care facilities, residential units, recreation facilities, and play areas.Still other commenters addressed the effective date of the proposed standards, the triggering event by which the effective date is calculated for new construction, and variations on a safe harbor that would excuse elements built in compliance with the 1991 Standards from compliance with the proposed standards. The ADA requires the Department to issue regulations that include enforceable accessibility standards applicable to facilities subject to title II or title III that are consistent with the ‘‘minimum guidelines'' issued by the Access Board, 42 U. Through this rule, the Department is adopting revised ADA Standards consistent with the 2004 ADAAG, including all of the amendments to the 1991 ADAAG since 1998. The ADA also requires newly designed and constructed or altered State and local government facilities, public accommodations, and commercial facilities to be readily accessible to and usable by individuals with disabilities. These amendments to the 1991 ADAAG have not been adopted previously by the Department as ADA Standards.
In 1998, the Access Board added specific guidelines on State and local government facilities, 63 FR 2000 (Jan. In 2000, the Access Board added specific guidelines on play areas. In September of 2002, the Access Board set forth specific guidelines on recreational facilities. The Access Board received more than 2,500 comments from individuals with disabilities, affected industries, State and local governments, and others.