[Code of Federal Regulations]
[Title 28, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR36]
 
[Page 557-558]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
                    CHAPTER I--DEPARTMENT OF JUSTICE
 
PART 36--NONDISCRIMINATION ON THE BASIS OF DISABILITY BY PUBLIC ACCOMMODATIONS AND IN COMMERCIAL FACILITIES--Table of Contents
 
 
                           Subpart A--General
 
Sec.
36.101  Purpose.
36.102  Application.
36.103  Relationship to other laws.
36.104  Definitions.
36.105-36.199  [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.
 
[[Page 558]]
 
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.
36.214-36.299  [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.
36.311-36.399  [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  Temporary suspension of certain detectable warning requirements.
36.408-36.499  [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.
36.509-36.599  [Reserved]
 
     Subpart F--Certification of State Laws or Local Building Codes
 
36.601  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.
 
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; 42 U.S.C. 12188(b); 
Pub. L. 101-410, 104 Stat. 890, as amended by Pub. L. 104-134, 110 Stat. 
1321.
 
    Source: Order No. 1513-91, 56 FR 35592, July 26, 1991, unless 
otherwise noted.
 
 
 
[Code of Federal Regulations]
[Title 28, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR36.104]
 
 
[Page 559-562]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
                    CHAPTER I--DEPARTMENT OF JUSTICE
 
PART 36--NONDISCRIMINATION ON THE BASIS OF DISABILITY BY PUBLIC ACCOMMODATIONS AND IN COMMERCIAL FACILITIES--Table of Contents
 
                           Subpart A--General
 
Sec. 36.104  Definitions.
 
    For purposes of this part, the term--
    Act means the Americans with Disabilities Act of 1990 (Pub. L. 101-
336, 104 Stat. 327, 42 U.S.C. 12101-12213 and 47 U.S.C. 225 and 611).
    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. 3601-3631);
    (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
 
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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;
 
[[Page 561]]
 
    (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, 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
 
[[Page 562]]
 
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.