HIV AIDS Resource Guide/HIV-AIDS Resource Guide.iso/STAT/FEDERAL/REG.ASC

Text File | 1994-01-14 | 42KB | 1,018 lines

Part 36 -- NONDISCRIMINATION ON THE BASIS OF DISABILITY BY PUBLIC
ACCOMMODATIONS AND IN COMMERCIAL FACILITIES

Subpart A -- General
Sec.
36.101 Purpose.
36.102 Application.
36.103 Relationship to other laws.
36.104 Definitions.
36.105 - 36.200 [Reserved]
Subpart B -- General Requirements
36.201 General.
36.202 Activities.
36.203 Integrated settings.
36.204 Administrative methods.
36.205 Association.
36.206 Retaliation or coercion.
36.207 Places of public accommodations located in private
residences.
36.208 Direct threat.
36.209 Illegal use of drugs.
36.210 Smoking.
36.211 Maintenance of accessible features.
36.212 Insurance.
36.213 Relationship of subpart B to subparts C and D of this part.

36.214 - 36.300 [Reserved]
Subpart C -- Specific Requirements
36.301 Eligibility criteria.
36.302 Modifications in policies, practices, or procedures.
36.303 Auxiliary aids and services.
36.304 Removal of barriers.
36.305 Alternatives to barrier removal.
36.306 Personal devices and services.
36.307 Accessible or special goods.
36.308 Seating in assembly areas.
36.309 Examinations and courses.
36.310 Transportation provided by public accommodations.
36.311 - 36.400 [Reserved]
Subpart D -- New Construction and Alterations
36.401 New construction.
36.402 Alterations.
36.403 Alterations:  Path of travel.
36.404 Alterations:  Elevator exemption.
36.405 Alterations:  Historic preservation.
36.406 Standards for new construction and alterations.  36.407 -
36.500 [Reserved]
Subpart E -- Enforcement
36.501 Private suits.
36.502 Investigations and compliance reviews.
36.503 Suit by the Attorney General.
36.504 Relief.
36.505 Attorneys fees.
36.506 Alternative means of dispute resolution.
36.507 Effect of unavailability of technical assistance.  36.508

Effective date.
36.509 - 36.600 [Reserved]
Subpart F -- Certification of State Laws or Local Building Codes
36.60l Definitions.
36.602 General rule.
36.603 Filing a request for certification.
36.604 Preliminary determination.
36.605 Procedure following preliminary determination of
equivalency.

36.606 Procedure following preliminary denial of certification.

36.607 Effect of certification.
36.608 Guidance concerning model codes.
36.609 - 36.999 [Reserved]

Appendix A to Part 36 - Standards for Accessible Design Appendix
B to Part 36 -- Preamble to Regulation on Nondiscrimination on
the Basis of Disability by Public Accommodations and in
Commercial Facilities (Published July 26, 1991)

Authority: 5 U.S.C. 301; 28 U.S.C. 509, 510; Pub. L. 101-336, 42
U.S.C. 12186.

Subpart A -- General

Section 36.101 Purpose.

 The purpose of this part is to implement title III of the
Americans with Disabilities Act of 1990 (42 U.S.C. 12181), which
prohibits discrimination on the basis of disability by public
accommodations and requires places of public accommodation and
commercial facilities to be designed, constructed, and altered in
compliance with the accessibility standards established by this
part.

Section 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) of this section are set
forth in Section 36.309.

 (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.

Section 36.103 Relationship to other laws.

 (a) Rule of interpretation.  Except as otherwise provided
in this part, this part shall not be construed to apply a lesser
standard than the standards applied under title V of the
Rehabilitation Act of 1973 (29 U.S.C. 791) or the regulations
issued by Federal agencies pursuant to that title.

 (b) Section 504.  This part does not affect the
obligations of a recipient of Federal financial assistance to
comply with the requirements of section 504 of the Rehabilitation
Act of 1973 (29 U.S.C. 794) and regulations issued by Federal
agencies implementing section 504.

 (c) Other laws.  This part does not invalidate or limit
the remedies, rights, and procedures of any other Federal laws,
or State or local laws (including State common law) that provide
greater or equal protection for the rights of individuals with
disabilities or individuals associated with them.

Section 36.104 Definitions.

 For purposes of this part, the term--

 Act means the Americans with Disabilities Act of 1990
(Pub. L.  101-336, l04 Stat. 327, 42 U.S.C. 12101-12213 and 47
U.S.C. 225 and 6ll).

 Commerce means travel, trade, traffic, commerce,
transportation, or communication--

 (1) Among the several States;

 (2) Between any foreign country or any territory or
possession and any State; or

 (3) Between points in the same State but through another
State or foreign country.

 Commercial facilities means facilities --

 (1) Whose operations will affect commerce;

 (2) That are intended for nonresidential use by a private
entity; and

 (3) That are not --

 (i) Facilities that are covered or expressly exempted from
coverage under the Fair Housing Act of 1968, as amended (42
U.S.C.  3601-363l);

 (ii) Aircraft; or

 (iii) Railroad locomotives, railroad freight cars,
railroad cabooses, commuter or intercity passenger rail cars
(including coaches, dining cars, sleeping cars, lounge cars, and
food service cars), any other railroad cars described in section
242 of the Act or covered under title II of the Act, or railroad
rights-of-way.  For purposes of this definition, "rail" and
"railroad" have the meaning given the term "railroad" in section
202(e) of the Federal Railroad Safety Act of 1970 (45 U.S.C.
431(e)).

 Current illegal use of drugs means illegal use of drugs
that occurred recently enough to justify a reasonable belief that
a person's drug use is current or that continuing use is a real
and ongoing problem.

 Disability means, with respect to an individual, a
physical or mental impairment that substantially limits one or
more of the major life activities of such individual; a record of
such an impairment; or being regarded as having such an
impairment.

 (1) The phrase physical or mental impairment means --

 (i) Any physiological disorder or condition, cosmetic
disfigurement, or anatomical loss affecting one or more of the
following body systems: neurological; musculoskeletal; special
sense organs; respiratory, including speech organs;
cardiovascular; reproductive; digestive; genitourinary; hemic and
lymphatic; skin; and endocrine;

 (ii) Any mental or psychological disorder such as mental
retardation, organic brain syndrome, emotional or mental illness,
and specific learning disabilities;

 (iii) The phrase physical or mental impairment includes,
but is not limited to, such contagious and noncontagious diseases
and conditions as orthopedic, visual, speech, and hearing
impairments, cerebral palsy, epilepsy, muscular dystrophy,
multiple sclerosis, cancer, heart disease, diabetes, mental
retardation, emotional illness, specific learning disabilities,
HIV disease (whether symptomatic or asymptomatic), tuberculosis,
drug addiction, and alcoholism;

 (iv) The phrase physical or mental impairment does not
include homosexuality or bisexuality.

 (2) The phrase major life activities means functions such
as caring for one's self, performing manual tasks, walking,
seeing, hearing, speaking, breathing, learning, and working.

 (3) The phrase has a record of such an impairment means
has a history of, or has been misclassified as having, a mental
or physical impairment that substantially limits one or more
major life activities.

 (4) The phrase is regarded as having an impairment means
--
 (i) Has a physical or mental impairment that does not
substantially limit major life activities but that is treated by
a private entity as constituting such a limitation;

 (ii) Has a physical or mental impairment that
substantially limits major life activities only as a result of
the attitudes of others toward such impairment; or

 (iii) Has none of the impairments defined in paragraph
(1) of this definition but is treated by a private entity as
having such an impairment.

 (5) The term disability does not include --

 (i) Transvestism, transsexualism, pedophilia,
exhibitionism, voyeurism, gender identity disorders not resulting
from physical impairments, or other sexual behavior disorders;

(ii) Compulsive gambling, kleptomania, or pyromania; or

 (iii) Psychoactive substance use disorders resulting from
current illegal use of drugs.

 Drug means a controlled substance, as defined in
schedules I through V of section 202 of the Controlled Substances
Act (21 U.S.C. 812).

 Facility means all or any portion of buildings,
structures, sites, complexes, equipment, rolling stock or other
conveyances, roads, walks, passageways, parking lots, or other
real or personal property, including the site where the building,
property, structure, or equipment is located.

 Illegal use of drugs means the use of one or more drugs,
the possession or distribution of which is unlawful under the
Controlled Substances Act (21 U.S.C. 812).  The term "illegal use
of drugs" does not include the use of a drug taken under
supervision by a licensed health care professional, or other uses
authorized by the Controlled Substances Act or other provisions
of Federal law.

 Individual with a disability means a person who has a
disability.  The term "individual with a disability" does not
include an individual who is currently engaging in the illegal
use of drugs, when the private entity acts on the basis of such
use.

 Place of public accommodation means a facility, operated
by a private entity, whose operations affect commerce and fall
within at least one of the following categories--

 (1) An inn, hotel, motel, or other place of lodging,
except for an establishment located within a building that
contains not more than five rooms for rent or hire and that is
actually occupied by the proprietor of the establishment as the
residence of the proprietor;

 (2) A restaurant, bar, or other establishment serving food
or drink;

 (3) A motion picture house, theater, concert hall,
stadium, or other place of exhibition or entertainment;

 (4) An auditorium, convention center, lecture hall, or
other place of public gathering;

 (5) A bakery, grocery store, clothing store, hardware
store, shopping center, or other sales or rental establishment;

 (6) A laundromat, dry-cleaner, bank, barber shop, beauty
shop, travel service, shoe repair service, funeral parlor, gas
station, office of an accountant or lawyer, pharmacy, insurance
office, professional office of a health care provider, hospital,
or other service establishment;

 (7) A terminal, depot, or other station used for specified
public transportation;

 (8) A museum, library, gallery, or other place of public
display or collection;

 (9) A park, zoo, amusement park, or other place of
recreation;

 (10) A nursery, elementary, secondary, undergraduate, or
postgraduate private school, or other place of education;

 (11) A day care center, senior citizen center, homeless
shelter, food bank, adoption agency, or other social service
center establishment; and

 (12) A gymnasium, health spa, bowling alley, golf course,
or other place of exercise or recreation.

 Private club means a private club or establishment
exempted from coverage under title II of the Civil Rights Act of
1964 (42 U.S.C. 2000a(e)).

 Private entity means a person or entity other than a
public entity.

 Public accommodation means a private entity that owns,
leases (or leases to), or operates a place of public
accommodation.

 Public entity means --

 (1) Any State or local government;

 (2) Any department, agency, special purpose district, or
other instrumentality of a State or States or local government;
and

 (3) The National Railroad Passenger Corporation, and any
commuter authority (as defined in section 103(8) of the Rail
Passenger Service Act (45 U.S.C. 541)).

 Qualified interpreter means an interpreter who is able to
interpret effectively, accurately and impartially both
receptively and expressively, using any necessary specialized
vocabulary.

 Readily achievable means easily accomplishable and able
to be carried out without much difficulty or expense.  In
determining whether an action is readily achievable factors to be
considered include--

 (1) The nature and cost of the action needed under this
part;

 (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;

 (3) The geographic separateness, and the administrative or
fiscal relationship of the site or sites in question to any
parent corporation or entity;

 (4) If applicable, the overall financial resources of any
parent corporation or entity; the overall size of the parent
corporation or entity with respect to the number of its
employees; the number, type, and location of its facilities; and

 (5) If applicable, the type of operation or operations of
any parent corporation or entity, including the composition,
structure, and functions of the workforce of the parent
corporation or entity.

 Religious entity means a religious organization or entity
controlled by a religious organization, including a place of
worship.

 Service animal means any guide dog, signal dog, or other
animal individually trained to do work or perform tasks for the
benefit of an individual with a disability, including, but not
limited to, guiding individuals with impaired vision, alerting
individuals with impaired hearing to intruders or sounds,
providing minimal protection or rescue work, pulling a
wheelchair, or fetching dropped items.

 Specified public transportation means transportation by
bus, rail, or any other conveyance (other than by aircraft) that
provides the general public with general or special service
(including charter service) on a regular and continuing basis.

 State means each of the several States, the District of
Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa,
the Virgin Islands, the Trust Territory of the Pacific Islands,
and the Commonwealth of the Northern Mariana Islands.

 Undue burden means significant difficulty or expense. In
determining whether an action would result in an undue burden,
factors to be considered include--

 (1) The nature and cost of the action needed under this
part;

 (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;

 (3) The geographic separateness, and the administrative or
fiscal relationship of the site or sites in question to any
parent corporation or entity;

 (4) If applicable, the overall financial resources of any
parent corporation or entity; the overall size of the parent
corporation or entity with respect to the number of its
employees; the number, type, and location of its facilities; and

 (5) If applicable, the type of operation or operations of
any parent corporation or entity, including the composition,
structure, and functions of the workforce of the parent
corporation or entity.

SectionSection 36.105 - 36.200 [Reserved]

Subpart B -- General Requirements

Section 36.201 General.

 (a) Prohibition of discrimination.  No individual shall be
discriminated against on the basis of disability in the full and
equal enjoyment of the goods, services, facilities, privileges,
advantages, or accommodations of any place of public
accommodation by any private entity who owns, leases (or leases
to), or operates a place of public accommodation.

 (b) Landlord and tenant responsibilities.  Both the
landlord who owns the building that houses a place of public
accommodation and the tenant who owns or operates the place of
public accommodation are public accommodations subject to the
requirements of this part.  As between the parties, allocation of
responsibility for complying with the obligations of this part
may be determined by lease or other contract.

Section 36.202 Activities.

 (a) Denial of participation.  A public accommodation shall
not subject an individual or class of individuals on the basis of
a disability or disabilities of such individual or class,
directly, or through contractual, licensing, or other
arrangements, to a denial of the opportunity of the individual or
class to participate in or benefit from the goods, services,
facilities, privileges, advantages, or accommodations of a place
of public accommodation.

 (b) Participation in unequal benefit.  A public
accommodation shall not afford an individual or class of
individuals, on the basis of a disability or disabilities of such
individual or class, directly, or through contractual, licensing,
or other arrangements, with the opportunity to participate in or
benefit from a good, service, facility, privilege, advantage, or
accommodation that is not equal to that afforded to other
individuals.

 (c) Separate benefit.  A public accommodation shall not
provide an individual or class of individuals, on the basis of a
disability or disabilities of such individual or class, directly,
or through contractual, licensing, or other arrangements with a
good, service, facility, privilege, advantage, or accommodation
that is different or separate from that provided to other
individuals, unless such action is necessary to provide the
individual or class of individuals with a good, service,
facility, privilege, advantage, or accommodation, or other
opportunity that is as effective as that provided to others.

 (d) Individual or class of individuals.  For purposes of
paragraphs (a) through (c) of this section, the term "individual
or class of individuals" refers to the clients or customers of
the public accommodation that enters into the contractual,
licensing, or other arrangement.

Section 36.203 Integrated settings.

 (a) General.  A public accommodation shall afford goods,
services, facilities, privileges, advantages, and accommodations
to an individual with a disability in the most integrated setting
appropriate to the needs of the individual.

 (b) Opportunity to participate.  Notwithstanding the
existence of separate or different programs or activities
provided in accordance with this subpart, a public accommodation
shall not deny an individual with a disability an opportunity to
participate in such programs or activities that are not separate
or different.

 (c) Accommodations and services.  (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.

 (2) Nothing in the Act or this part authorizes the
representative or guardian of an individual with a disability to
decline food, water, medical treatment, or medical services for
that individual.

Section 36.204 Administrative methods.

 A public accommodation shall not, directly or through
contractual or other arrangements, utilize standards or criteria
or methods of administration that have the effect of
discrimina-ting on the basis of disability, or that perpetuate
the discrimination of others who are subject to common
administrative control.

Section 36.205 Association.

 A public accommodation shall not exclude or otherwise
deny equal goods, services, facilities, privileges, advantages,
accommodations, or other opportunities to an individual or entity
because of the known disability of an individual with whom the
individual or entity is known to have a relationship or
association.

Section 36.206 Retaliation or coercion.

 (a) No private or public entity shall discriminate against
any individual because that individual has opposed any act or
practice made unlawful by this part, or because that individual
made a charge, testified, assisted, or participated in any manner
in an investigation, proceeding, or hearing under the Act or this
part.

 (b) No private or public entity shall coerce, intimidate,
threaten, or interfere with any individual in the exercise or
enjoyment of, or on account of his or her having exercised or
enjoyed, or on account of his or her having aided or encouraged
any other individual in the exercise or enjoyment of, any right
granted or protected by the Act or this part.

 (c) Illustrations of conduct prohibited by this section
include, but are not limited to:

 (1) Coercing an individual to deny or limit the benefits,
services, or advantages to which he or she is entitled under the
Act or this part;

 (2) Threatening, intimidating, or interfering with an
individual with a disability who is seeking to obtain or use the
goods, services, facilities, privileges, advantages, or
accommodations of a public accommodation;

 (3) Intimidating or threatening any person because that
person is assisting or encouraging an individual or group
entitled to claim the rights granted or protected by the Act or
this part to exercise those rights; or

 (4) Retaliating against any person because that person has
participated in any investigation or action to enforce the Act or
this part.

Section 36.207 Places of public accommodation located in private
residences.

 (a) When a place of public accommodation is located in a
private residence, the portion of the residence used exclusively
as a residence is not covered by this part, but that portion used
exclusively in the operation of the place of public accommodation
or that portion used both for the place of public accommodation
and for residential purposes is covered by this part.

 (b) The portion of the residence covered under paragraph
(a) of this section extends to those elements used to enter the
place of public accommodation, including the homeowner's front
sidewalk, if any, the door or entryway, and hallways; and those
portions of the residence, interior or exterior, available to or
used by customers or clients, including restrooms.

Section 36.208 Direct threat.

 (a) This part does not require a public accommodation to
permit an individual to participate in or benefit from the goods,
services, facilities, privileges, advantages and accommodations
of that public accommodation when that individual poses a direct
threat to the health or safety of others.

 (b) "Direct threat" means a significant risk to the health
or safety of others that cannot be eliminated by a modification
of policies, practices, or procedures, or by the provision of
auxiliary aids or services.

 (c) In determining whether an individual poses a direct
threat to the health or safety of others, a public accommodation
must make an individualized assessment, based on reasonable
judgment that relies on current medical knowledge or on the best
available objective evidence, to ascertain:  the nature,
duration, and severity of the risk; the probability that the
potential injury will actually occur; and whether reasonable
modifications of policies, practices, or procedures will mitigate
the risk.

Section 36.209 Illegal use of drugs.

 (a) General.  (1) Except as provided in paragraph (b) of
this section, this part does not prohibit discrimination against
an individual based on that individual's current illegal use of
drugs.


 (2) A public accommodation shall not discriminate on the
basis of illegal use of drugs against an individual who is not
engaging in current illegal use of drugs and who--

 (i) Has successfully completed a supervised drug
rehabilitation program or has otherwise been rehabilitated
successfully;

 (ii) Is participating in a supervised rehabilitation
program; or

(iii) Is erroneously regarded as engaging in such use.

 (b) Health and drug rehabilitation services.  (1) A public
accommodation shall not deny health services, or services
provided in connection with drug rehabilitation, to an individual
on the basis of that individual's current illegal use of drugs,
if the individual is otherwise entitled to such services.

 (2) A drug rehabilitation or treatment program may deny
participation to individuals who engage in illegal use of drugs
while they are in the program.

 (c) Drug testing.  (1) This part does not prohibit a
public accommodation from adopting or administering reasonable
policies or procedures, including but not limited to drug
testing, designed to ensure that an individual who formerly
engaged in the illegal use of drugs is not now engaging in
current illegal use of drugs.

 (2) Nothing in this paragraph (c) shall be construed to
encourage, prohibit, restrict, or authorize the conducting of
testing for the illegal use of drugs.

Section 36.210 Smoking.

 This part does not preclude the prohibition of, or the
imposition of restrictions on, smoking in places of public
accommodation.

Section 36.211 Maintenance of accessible features.

 (a) A public accommodation shall maintain in operable
working condition those features of facilities and equipment that
are required to be readily accessible to and usable by persons
with disabilities by the Act or this part.

 (b) This section does not prohibit isolated or temporary
interruptions in service or access due to maintenance or repairs.
Section 36.212 Insurance.

 (a) This part shall not be construed to prohibit or
restrict --

 (1) An insurer, hospital or medical service company,
health maintenance organization, or any agent, or entity that
administers benefit plans, or similar organizations from
underwriting risks, classifying risks, or administering such
risks that are based on or not inconsistent with State law; or

 (2) A person or organization covered by this part from
establishing, sponsoring, observing or administering the terms of
a bona fide benefit plan that are based on underwriting risks,
classifying risks, or administering such risks that are based on
or not inconsistent with State law; or

 (3) A person or organization covered by this part from
establishing, sponsoring, observing or administering the terms of
a bona fide benefit plan that is not subject to State laws that
regulate insurance.

 (b) Paragraphs (a)(1), (2), and (3) of this section shall
not be used as a subterfuge to evade the purposes of the Act or
this part.

 (c) A public accommodation shall not refuse to serve an
individual with a disability because its insurance company
conditions coverage or rates on the absence of individuals with
disabilities.

Section 36.213 Relationship of subpart B to subparts C and D of
this part.

 Subpart B of this part sets forth the general principles
of nondiscrimination applicable to all entities subject to this
part.  Subparts C and D of this part provide guidance on the
application of the statute to specific situations.  The specific
provisions, including the limitations on those provisions,
control over the general provisions in circumstances where both
specific and general provisions apply.

Section 36.214 - 36.300 [Reserved]

Subpart C -- Specific Requirements

Section 36.301 Eligibility criteria.

 (a) General.  A public accommodation shall not impose or
apply eligibility criteria that screen out or tend to screen out
an individual with a disability or any class of individuals with
disabilities from fully and equally enjoying any goods, services,
facilities, privileges, advantages, or accommodations, unless
such criteria can be shown to be necessary for the provision of
the goods, services, facilities, privileges, advantages, or
accommodations being offered.

 (b) Safety.  A public accommodation may impose legitimate
safety requirements that are necessary for safe operation.
Safety requirements must be based on actual risks and not on mere
speculation, stereotypes, or generalizations about individuals
with disabilities.

 (c) Charges.  A public accommodation may not impose a
surcharge on a particular individual with a disability or any
group of individuals with disabilities to cover the costs of
measures, such as the provision of auxiliary aids, barrier
removal, alternatives to barrier removal, and reasonable
modifications in policies, practices, or procedures, that are
required to provide that individual or group with the
nondiscriminatory treatment required by the Act or this part.

Section 36.302 Modifications in policies, practices, or
procedures.

 (a) General.  A public accommodation shall make reasonable
modifications in policies, practices, or procedures, when the
modifications are necessary to afford goods, services,
facilities, privileges, advantages, or accommodations to
individuals with disabilities, unless the public accommodation
can demonstrate that making the modifications would fundamentally
alter the nature of the goods, services, facilities, privileges,
advantages, or accommodations.

 (b) Specialties.  (1) General.  A public accommodation may
refer an individual with a disability to another public
accommodation, if that individual is seeking, or requires,
treatment or services outside of the referring public
accommodation's area of specialization, and if, in the normal
course of its operations, the referring public accommodation
would make a similar referral for an individual without a
disability who seeks or requires the same treatment or services.

 (2) Illustration--medical specialties.  A health care
provider may refer an individual with a disability to another
provider, if that individual is seeking, or requires, treatment
or services outside of the referring provider's area of
specialization, and if the referring provider would make a
similar referral for an individual without a disability who seeks
or requires the same treatment or services.  A physician who
specializes in treating only a particular condition cannot refuse
to treat an individual with a disability for that condition, but
is not required to treat the individual for a different
condition.

 (c) Service animals.  (1) General.  Generally, a public
accommodation shall modify policies, practices, or procedures to
permit the use of a service animal by an individual with a
disability.

 (2) Care or supervision of service animals.  Nothing in
this part requires a public accommodation to supervise or care
for a service animal.

 (d) Check-out aisles.  A store with check-out aisles shall
ensure that an adequate number of accessible check-out aisles is
kept open during store hours, or shall otherwise modify its
policies and practices, in order to ensure that an equivalent
level of convenient service is provided to individuals with
disabilities as is provided to others.  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 their purchases at
that aisle.

Section 36.303 Auxiliary aids and services.

 (a) General.  A public accommodation shall take those
steps that may be necessary to ensure that no individual with a
disability is excluded, denied services, segregated or otherwise
treated differently than other individuals because of the absence
of auxiliary aids and services, unless the public accommodation
can demonstrate that taking those steps would fundamentally alter
the nature of the goods, services, facilities, privileges,
advantages, or accommodations being offered or would result in an
undue burden, i.e., significant difficulty or expense.

 (b) Examples.  The term "auxiliary aids and services"
includes--

 (1) Qualified interpreters, notetakers, computer-aided
transcription services, written materials, telephone handset
amplifiers, assistive listening devices, assistive listening
systems, telephones compatible with hearing aids, closed caption
decoders, open and closed captioning, telecommunications devices
for deaf persons (TDD's), videotext displays, or other effective
methods of making aurally delivered materials available to
individuals with hearing impairments;

 (2) Qualified readers, taped texts, audio recordings,
Brailled materials, large print materials, or other effective
methods of making visually delivered materials available to
individuals with visual impairments;

 (3) Acquisition or modification of equipment or devices;
and

 (4) Other similar services and actions.

 (c) Effective communication.  A public accommodation shall
furnish appropriate auxiliary aids and services where necessary
to ensure effective communication with individuals with
disabilities.

 (d) Telecommunication devices for the deaf (TDD's).  (1) A
public accommodation that offers a customer, client, patient, or
participant the opportunity to make outgoing telephone calls on
more than an incidental convenience basis shall make available,
upon request, a TDD for the use of an individual who has impaired
hearing or a communication disorder.

 (2) This part does not require a public accommodation to
use a TDD for receiving or making telephone calls incident to its
operations.

 (e) Closed caption decoders.  Places of lodging that
provide televisions in five or more guest rooms and hospitals
that provide televisions for patient use shall provide, upon
request, a means for decoding captions for use by an individual
with impaired hearing.

 (f) Alternatives.  If provision of a particular auxiliary
aid or service by a public accommodation would result in a
fundamental alteration in the nature of the goods, services,
facilities, privileges, advantages, or accommodations being
offered or in an undue burden, i.e., significant difficulty or
expense, the public accommodation shall provide an alternative
auxiliary aid or service, if one exists, that would not result in
such an alteration or such burden but would nevertheless ensure
that, to the maximum extent possible, individuals with
disabilities receive the goods, services, facilities, privileges,
advantages, or accommodations offered by the public
accommodation.

Section 36.304 Removal of barriers.

 (a) General.  A public accommodation shall remove
architectural barriers in existing facilities, including
communication barriers that are structural in nature, where such
removal is readily achievable, i.e., easily accomplishable and
able to be carried out without much difficulty or expense.

 (b) Examples.  Examples of steps to remove barriers
include, but are not limited to, the following actions--

 (1) Installing ramps;

 (2) Making curb cuts in sidewalks and entrances;

 (3) Repositioning shelves;

 (4) Rearranging tables, chairs, vending machines, display
racks, and other furniture;

 (5) Repositioning telephones;

 (6) Adding raised markings on elevator control buttons;

 (7) Installing flashing alarm lights;

 (8) Widening doors;

 (9) Installing offset hinges to widen doorways;

 (10) Eliminating a turnstile or providing an alternative
accessible path;

 (11) Installing accessible door hardware;

 (12) Installing grab bars in toilet stalls;

 (13) Rearranging toilet partitions to increase maneuvering
space;

 (14) Insulating lavatory pipes under sinks to prevent
burns;

 (15) Installing a raised toilet seat;

 (16) Installing a full-length bathroom mirror;

 (17) Repositioning the paper towel dispenser in a
bathroom;

 (18) Creating designated accessible parking spaces;

 (19) Installing an accessible paper cup dispenser at an
existing inaccessible water fountain;

 (20) Removing high pile, low density carpeting; or

 (21) Installing vehicle hand controls.

 (c) Priorities.  A public accommodation is urged to take
measures to comply with the barrier removal requirements of this
section in accordance with the following order of priorities.

 (1) First, a public accommodation should take measures to
provide access to a place of public accommodation from public
sidewalks, parking, or public transportation.  These measures
include, for example, installing an entrance ramp, widening
entrances, and providing accessible parking spaces.

 (2) Second, a public accommodation should take measures to
provide access to those areas of a place of public accommodation
where goods and services are made available to the public.  These
measures include, for example, adjusting the layout of display
racks, rearranging tables, providing Brailled and raised
character signage, widening doors, providing visual alarms, and
installing ramps.

 (3) Third, a public accommodation should take measures to
provide access to restroom facilities.  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.

 (4) Fourth, a public accommodation should take any other
measures necessary to provide access to the goods, services,
facilities, privileges, advantages, or accommodations of a place
of public accommodation.

 (d) Relationship to alterations requirements of subpart D
of this part.  (1) Except as provided in paragraph (d)(2) of this
section, measures taken to comply with the barrier removal
requirements of this section shall comply with the applicable
requirements for alterations in Section 36.402 and
SectionSection 36.404-36.406 of this part for the element being
altered.  The path of travel requirements of Section 36.403 shall
not apply to measures taken solely to comply with the barrier
removal requirements of this section.

 (2) If, as a result of compliance with the alterations
requirements specified in paragraph (d)(1) of this section, the
measures required to remove a barrier would not be readily
achievable, a public accommodation may take other readily
achievable measures to remove the barrier that do not fully
comply with the specified requirements.  Such measures include,
for example, providing a ramp with a steeper slope or widening a
doorway to a narrower width than that mandated by the alterations
requirements.  No measure shall be taken, however, that poses a
significant risk to the health or safety of individuals with
disabilities or others.

 (e) Portable ramps.  Portable ramps should be used to
comply with this section only when installation of a permanent
ramp is not readily achievable.  In order to avoid any
significant risk to the health or safety of individuals with
disabilities or others in using portable ramps, due consideration
shall be given to safety features such as nonslip surfaces,
railings, anchoring, and strength of materials.

 (f) Selling or serving space.  The rearrangement of
temporary or movable structures, such as furniture, equipment,
and display racks is not readily achievable to the extent that it
results in a significant loss of selling or serving space.

 (g) Limitation on barrier removal obligations.  (1) The
requirements for barrier removal under Section 36.304 shall not be
interpreted to exceed the standards for alterations in subpart D
of this part.

 (2) To the extent that relevant standards for alterations
are not provided in subpart D of this part, then the requirements
of Section 36.304 shall not be interpreted to exceed the standards
for new construction in subpart D of this part.

 (3) This section does not apply to rolling stock and other
conveyances to the extent that Section 36.310 applies to rolling
stock and other conveyances.