Road Access for Disabled Americans

ADA, Title II, State and Local Government,
Justice regulations, 28 CFR Part 35

§35.104 Definitions.

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.


SECTION-BY-SECTION ANALYSIS:

"Facility." "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. It includes both indoor and outdoor areas where human-constructed improvements, structures, equipment, or property have been added to the natural environment.

Commenters raised questions about the applicability of this part to activities operated in mobile facilities, such as bookmobiles or mobile health screening units. Such activities would be covered by the requirement for program accessibility in {35.150, and would be included in the definition of "facility" as "other real or personal property," although standards for new construction and alterations of such facilities are not yet included in the accessibility standards adopted by {35.151. Sections 35.150 and 35.151 specifically address the obligations of public entities to ensure accessibility by providing curb ramps at pedestrian walkways.

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© Rada Project, 1998
July 4, 1998 (Version 1)