94-348-7 Me. Code R. § 01

Current through 2024-51, December 18, 2024

Section 348-7-01 - Definitions

1991 Standards means requirements set forth in the ADA Standards for Accessible Design, originally published on July 26, 1991, and republished as Appendix D to 28 CFR part 36.

2004 ADAAG means the requirements set forth in appendices B and D to 36 CFR part 1191 (2009).

2010 Standards means the 2010 ADA Standards for Accessible Design, which consist of the 2004 ADAAG and the requirements contained in subpart D of 28 CFR part 36.

Alteration means a change to a place of public accommodation or a commercial facility that affects or could affect the usability of the building or facility or any part of the building or facility, including, but not limited to, reconstruction, remodeling, rehabilitation, historic restoration, changes or rearrangement in structural parts or elements and changes or rearrangement in the plan configuration of walls and full-height partitions. Normal maintenance, reroofing, painting or wallpapering, asbestos removal or changes to mechanical and electrical systems are not alterations unless they affect the usability of the building or facility.

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.

Drug means a controlled substance, as defined in the State or federal Controlled Substances Act. Where there is a conflict between State and federal law regarding the categorization of a drug as a controlled substance (such as adult-use marijuana), State law will prevail except where the receipt of federal funds or participation in federal programs requires the application of federal standards.

Existing facility means a facility in existence on any given date, without regard to whether the facility may also be considered newly constructed or altered under this part.

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 State or federal Controlled Substances Act. 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 State or federal Controlled Substances Act or other provisions of State or federal law. Where there is a conflict between State and federal law regarding the categorization of a drug as a controlled substance (such as adult-use marijuana), State law will prevail except where the receipt of federal funds or participation in federal programs requires the application of federal standards.

New construction includes, but is not limited to, the design and construction of a facility for first occupancy or an alteration if the cost of the alteration is 75% or more of the replacement cost of the completed facility.

Other power-driven mobility device means any mobility device powered by batteries, fuel, or other engines - whether or not designed primarily for use by individuals with mobility disabilities - that is used by individuals with mobility disabilities for the purpose of locomotion, including golf cars, electronic personal assistance mobility devices (EPAMDs), such as the Segway® PT, or any mobility device designed to operate in areas without defined pedestrian routes, but that is not a wheelchair within the meaning of this section. This definition does not apply to Federal wilderness areas; wheelchairs in such areas are defined in section 508(c)(2) of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. 12207(c)(2).

Physical or mental disability is defined in 5 M.R.S. §4553- A.

Place of public accommodation means a facility, operated by a public or private entity, whose operations fall within at least one of the following categories:

(1) A place of lodging, whether conducted for the entertainment or accommodation of transient guests or those seeking health, recreation or rest. For purposes of this Chapter, a facility is a "place of lodging" if it is -

(i) An inn, hotel, or motel; or

(ii) A facility that -

(A) Provides guest rooms for sleeping for stays that primarily are short-term in nature (generally 30 days or less) where the occupant does not have the right to return to a specific room or unit after the conclusion of his or her stay; and

(B) Provides guest rooms under conditions and with amenities similar to a hotel, motel, or inn, including the following -

(1) On- or off-site management and reservations service;

(2) Rooms available on a walk-up or call-in basis;

(3) Availability of housekeeping or linen service; and

(4) Acceptance of reservations for a guest room type without guaranteeing a particular unit or room until check-in, and without a prior lease or security deposit.

(2) A restaurant, eating house, bar, tavern, buffet, saloon, soda fountain, ice cream parlor or other establishment serving or selling food or drink;

(3) A motion picture house, theater, concert hall, stadium, roof garden, airdome 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, garage, gasoline station or other sales or rental establishment;

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

(7) All public conveyances operated on land or water or in the air as well as 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, race course, skating rink, fair, bowling alley, golf course, golf club, country club, gymnasium, health spa, shooting gallery, billiard or pool parlor, swimming pool, seashore accommodation or boardwalk or other place of recreation, exercise or health;

(10) A nursery, elementary, secondary, undergraduate or postgraduate 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;

(12) Public elevators of buildings occupied by 2 or more tenants or by the owner and one or more tenants;

(13) A municipal building, courthouse, town hall or other establishment of the State or a local government; and

(14) Any establishment that in fact caters to, or offers its goods, facilities or services to, or solicits or accepts patronage from, the general public, whether or not the "establishment" maintains a physical building or location that is open to the public (i.e., an internet-based business).

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.

Protected class means the classes listed in 5 M.R.S. §4591. Protected class also includes being perceived as a member of a protected class, as well as having a known relationship or association with a member of a protected class. Protected class also includes traits associated with protected class status, such as natural hair textures, Afro styles and protective hair styles (such as braids, twists, and locks) or protected-class related body modifications.

Public entity means -

(1) Any State or local government;

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

(3) A state, local or private commuter authority as defined in the federal Rail Passenger Service Act, Section 103(8).

Public accommodation means a public or private entity that owns, leases, leases to, or operates a place of public accommodation, or which provides goods or services to the public, whether with or without a physical location open to the public (i.e., an internet-based business).

Qualified interpreter means an interpreter who, via a video remote interpreting (VRI) service or an on-site appearance, is able to interpret effectively, accurately and impartially both receptively and expressively, using any necessary specialized vocabulary. Qualified interpreters include, for example, sign language interpreters, oral transliterators, and cued-language transliterators.

Qualified reader means a person who is able to read effectively, accurately, and impartially 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 Chapter;

(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 bona fide religious organization, including a place of worship, which does not receive public funds.

Service animal means a dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition, except that miniature horses trained to do work or perform tasks for individuals with disabilities must be permitted where reasonable. The work or tasks performed by a service animal must be directly related to the individual's disability. Examples of such work or tasks include, but are not limited to, assisting an individual who is totally or partially blind with navigation and other tasks, alerting an individual who is deaf or hard of hearing to the presence of people or sounds, providing nonviolent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting an individual to the presence of allergens, retrieving items such as medicine or a telephone, providing physical support and assistance with balance and stability to an individual with a mobility disability and helping a person with a psychiatric or neurological disability by preventing or interrupting impulsive or destructive behaviors. The crime deterrent effects of an animal's presence and the provision of emotional support, well-being, comfort or companionship do not constitute work or tasks for the purposes of this definition.

When determining whether it is reasonable for a covered entity to permit the use of a miniature horse as a service animal, the entity may consider the following assessment factors:

(1) whether the miniature horse is housebroken;

(2) whether the miniature horse is under the owner's control;

(3) whether the covered entity can accommodate the miniature horse's type, size, and weight; and

(4) whether the miniature horse's presence will compromise legitimate safety requirements necessary for safe operation of the covered entity.

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.

Undue burden means an action requiring undue financial or administrative hardship. In determining whether an action would result in an undue burden, factors to be considered include:

(1) The nature and cost of an accommodation needed under this Act;

(2) The overall financial resources of the facility or facilities involved in the action, the number of persons employed at the facility, the effect on expenses and resources or the impact otherwise of the action upon the operation of the facility;

(3) The overall financial resources of the covered entity, the overall size of the business of a covered entity with respect to the number of its employees and the number, type and location of its facilities;

(4) The type of operation or operations of the covered entity, including the composition, structure and functions of the work force of the entity, the geographic separateness, administrative or fiscal relationship of the facility or facilities in question to the covered entity;

(5) All the resources available to meet the costs of the accommodation, including any government funding or other grants available for making public accommodations and places of employment accessible;

(6) The extent to which current costs of accommodations have been minimized by past efforts to provide equal access to persons with physical or mental disabilities;

(7) The extent to which resources spent on improving inaccessible equipment or service could have been spent on making an accommodation so that service or equipment is accessible to individuals with physical or mental disabilities, as well as the individuals without physical or mental disabilities;

(8) Documented good faith efforts to explore less restrictive or less expensive alternatives;

(9) The availability of equipment and technology for the accommodation;

(10) Whether an accommodation would result in a fundamental change in the nature of the public accommodation;

(11) Efforts to minimize costs by spreading costs over time; and

(12) The extent to which resources saved by failing to make an accommodation for persons who have physical or mental disabilities could have been saved by cutting cost in equipment or services for the general public.

"Undue burden" is a higher standard than "readily achievable" and requires a greater level of effort on the part of the public accommodation.

Video remote interpreting (VRI) service means an interpreting service that uses video conference technology over dedicated lines or wireless technology offering high-speed, wide-bandwidth video connection that delivers high-quality video images as provided in 7.17(F).

Wheelchair means a manually-operated or power-driven device designed primarily for use by an individual with a mobility disability for the main purpose of indoor or of both indoor and outdoor locomotion. This definition does not apply to Federal wilderness areas; wheelchairs in such areas are defined in section 508(c)(2) of the ADA, 42 U.S.C. 12207(c)(2).

94-348 C.M.R. ch. 7, § 01