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42 U.S.C. § 12186 — New construction and alterations in public accommodations and commercial facilities

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 12186 — New construction and alterations in public accommodations and commercial facilities

**(a) Application of term** Except as provided in subsection (b), as applied to public accommodations and commercial facilities, discrimination for purposes of [section 12182(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12182/a&num=0&edition=prelim) includes— (1) a failure to design and construct facilities for first occupancy later than 30 months after July 26, 1990, that are readily accessible to and usable by individuals with disabilities, except where an entity can demonstrate that it is structurally impracticable to meet the requirements of such subsection in accordance with standards set forth or incorporated by reference in regulations issued under this subchapter; and (2) with respect to a facility or part thereof that is altered by, on behalf of, or for the use of an establishment in a manner that affects or could affect the usability of the facility or part thereof, a failure to make alterations in such a manner that, to the maximum extent feasible, the altered portions of the facility are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs. Where the entity is undertaking an alteration that affects or could affect usability of or access to an area of the facility containing a primary function, the entity shall also make the alterations in such a manner that, to the maximum extent feasible, the path of travel to the altered area and the bathrooms, telephones, and drinking fountains serving the altered area, are readily accessible to and usable by individuals with disabilities where such alterations to the path of travel or the bathrooms, telephones, and drinking fountains serving the altered area are not disproportionate to the overall alterations in ter

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Stable record: federal_law:legal_authorities:record_usc_c869345949078ff23909a18a
Source file: Laws/federal/codes/united-states-code/title-42/section-12186-new-construction-and-alterations-in-public-accommodations-and-commercial--a8a7543332.md
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Source location: Title 42, Chapter 126, § 12186; chapter-126-equal-opportunity-for-individuals-with-disabilities.md

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**(a) Application of term** Except as provided in subsection (b), as applied to public accommodations and commercial facilities, discrimination for purposes of [section 12182(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12182/a&num=0&edition=prelim) includes— (1) a failure to design and construct facilities for first occupancy later than 30 months after July 26, 1990, that are readily accessible to and usable by individuals with disabilities, except where an entity can demonstrate that it is structurally impracticable to meet the requirements of such subsection in accordance with standards set forth or incorporated by reference in regulations issued under this subchapter; and (2) with respect to a facility or part thereof that is altered by, on behalf of, or for the use of an establishment in a manner that affects or could affect the usability of the facility or part thereof, a failure to make alterations in such a manner that, to the maximum extent feasible, the altered portions of the facility are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs. Where the entity is undertaking an alteration that affects or could affect usability of or access to an area of the facility containing a primary function, the entity shall also make the alterations in such a manner that, to the maximum extent feasible, the path of travel to the altered area and the bathrooms, telephones, and drinking fountains serving the altered area, are readily accessible to and usable by individuals with disabilities where such alterations to the path of travel or the bathrooms, telephones, and drinking fountains serving the altered area are not disproportionate to the overall alterations in terms of cost and scope (as determined under criteria established by the Attorney General). **(b) Elevator** Subsection (a) shall not be construed to require the installation of an elevator for facilities that are less than three stories or have less than 3,000 square feet per story unless the building is a shopping center, a shopping mall, or the professional office of a health care provider or unless the Attorney General determines that a particular category of such facilities requires the installation of elevators based on the usage of such facilities.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 12181 — Conformance of accessibility standards

Accessibility standards included in regulations issued under this subpart shall be consistent with the minimum guidelines issued by the Architectural and Transportation Barriers Compliance Board under [section 12204(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12204/a&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 12184 — Definitions

As used in this subchapter: (1) **Commerce** — The term “commerce” means travel, trade, traffic, commerce, transportation, or communication— (A) among the several States; (B) between any foreign country or any territory or possession and any State; or (C) between points in the same State but through another State or foreign country. (2) **Commercial facilities** — The term “commercial facilities” means facilities— (A) that are intended for nonresidential use; and (B) whose operations will affect commerce. Such term shall not include railroad locomotives, railroad freight cars, railroad cabooses, railroad cars described in [section 12162 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12162&num=0&edition=prelim) or covered under this subchapter, railroad rights-of-way, or facilities that are covered or expressly exempted from coverage under the Fair Housing Act of 1968 11 See References in Text note below. ([42 U.S.C. 3601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3601&num=0&edition=prelim) et seq.). (3) **Demand responsive system** — The term “demand responsive system” means any system of providing transportation of individuals by a vehicle, other than a system which is a fixed route system. (4) **Fixed route system** — The term “fixed route system” means a system of providing transportation of individuals (other than by aircraft) on which a vehicle is operated along a prescribed route according to a fixed schedule. (5) **Over-the-road bus** — The term “over-the-road bus” means a bus characterized by an elevated passenger deck located over a baggage compartment. (6) **Private entity** — The term “private entity” means any entity other than a public entity (as defined in

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 12186 — Regulations

Page 8263 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12186 1 So in original. Probably should be ‘‘section’’. (6) The impact of accessibility requirements on the continuation of over-the-road bus serv- ice, with particular consideration of the im- pact of such requirements on such service to rural communities. (c) Advisory committee In conducting the study required by sub- section (a), the Office of Technology Assessment shall establish an advisory committee, which shall consist of— (1) members selected from among private op- erators and manufacturers of over-the-road buses; (2) members selected from among individ- uals with disabilities, particularly individuals who use wheelchairs, who are potential riders of such buses; and (3) members selected for their technical ex- pertise on issues included in the study, includ- ing manufacturers of boarding assistance equipment and devices. The number of members selected under each of paragraphs (1) and (2) shall be equal, and the total number of members selected under para- graphs (1) and (2) shall exceed the number of members selected under paragraph (3). (d) Deadline The study required by subsection (a), along with recommendations by the Office of Tech- nology Assessment, including any policy options for legislative action, shall be submitted to the President and Congress within 36 months after July 26, 1990. If the President determines that compliance with the regulations issued pursuant to section 12186(a)(2)(B) of this title on or before the applicable deadlines specified in section 12186(a)(2)(B) of this title will result in a signifi- cant reduction in intercity over-the-road bus service, the President shall extend each such deadline by 1 year. (e) Review In developing the study required by sub

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