Subpart A - General
§ 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.
§ 36.104 Definitions
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: 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; A restaurant, bar, or other establishment serving food or drink; A motion picture house, theater, concert hall, stadium, or other place of exhibition or entertainment; An auditorium, convention center, lecture hall, or other place of public gathering; A bakery, grocery store, clothing store, hardware store, shopping center or other sales or rental establishment; A laundromat, dry-cleaner, bank, barber ship, beauty ship, 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; A terminal, depot, or other station used for specified public transportation; A museum, library, gallery, or other place of public display or collection; A park, zoo, amusement park, or other place of recreation; A nursery, elementary, secondary, undergraduate, or postgraduate private school, or other place of education; A day care center, senior citizen center, homeless shelter, food bank, adoption agency, or other social service center establishment; and A gymnasium, health spa, bowling alley, golf course, or other place of exercise or recreation.
Subpart B - General Requirements
§ 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...
(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 the part...
§ 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...
§ 36.508 Effective date.
(a) General. Except as otherwise provided in this section and in this part, this part shall become effective on January 26, 1992.
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