Section 525-RICR-10-00-4.7 - Standards for Determining ViolationsA. Standards for Determining Which Elements of Public Accommodations and Commercial Facilities Must be Accessible 1. For public accommodations whose most recent certificate of occupancy for the facility was issued:a. Prior to January 27, 1993 or the most recent physical alteration of the property began prior to January 27, 1992 the elements which must be accessible are those listed in 28 C.F.R. § 36.304"Removal of barriers"28 C.F.R. § 36.305"Alternatives to barrier removal", 28 C.F.R. § 36.306"Personal devices and services", and 28 C.F.R. § 36.308"Seating in assembly areas" (Americans with Disabilities Act Title III Regulations issued by the US Department of Justice).b. After January 26, 1993 or if the physical alteration of the property begins after January 26, 1992 the elements which must be accessible are the 28 C.F.R. § 36 Subpart D "New Construction and Alterations".c. After March 15, 2012 or if the physical alteration of the property begins after March 15, 2012 the elements which must be accessible are the ADA Standards for Accessible Design (2010 Standards)".2. For commercial facilities occupied prior to January 26, 1993 or last alteration of the property began prior to January 26, 1992, the elements which must be accessible are limited to those required for employees with disabilities who need reasonable accommodations that requires physical accessibility as required by 29 C.F.R. § 1630.9 (Americans with Disabilities Act Title I Regulations issued by the US Equal Employment Opportunity Commission).3. For commercial facilities whose first certificate of occupancy for the facility is issued: a. After January 26, 1993 or if the physical alteration of the property begins after January 26, 1992 the standard for accessibility will be the State Building Code's (and the Americans with Disabilities Act or Federal Fair Housing) Accessibility Standard for New Construction applicable at the time of construction, renovation or alteration to the portions of the building or structures cited in the complaint.b. After March 15, 2012 or if the physical alteration of the property begins after March 15, 2012 the elements which must be accessible are the ADA Standards for Accessible Design (2010 Standards)".4. For commercial facilities located in private residences, the accessibility standard will conform to 28 C.F.R. § 36.401"New construction (b) Commercial facilities located in private residences" provision of 28 C.F.R. § 36 Subpart C.5. Exception for structural impracticability will conform to the provisions of 28 C.F.R. § 36.401"New Construction (c) Exception for structural impracticability".6. Elevator exemptions will conform to the provisions of 28 C.F.R. § 36.401"New Construction (d) Elevator exemptions".7. The standard for public accommodations or commercial facilities with physical alteration of the property begun after January 26, 1992, the accessibility standard will conform to 28 C.F.R. §§ 36.402"Alterations", 36.403 "Alterations: Path of travel", 36.404 "Alternations: Elevator exemption", and 36.405 "Alterations: Historic preservation".B. The standard specified in 28 C.F.R. § 36.406"Standards for new construction and alterations" is the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities (ADAAG), which is also the basis of the RI State Building Code's Accessibility Standard.C. Standards for Public Entities 1. No qualified individual with a disability shall, because a public entity's facilities are inaccessible to or unusable by individuals with disabilities, be excluded from participation in, or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any public entity.2. As required by 28 C.F.R. § 35.150"Existing facilities", public entities in facilities whose most recent construction or alteration was commenced prior to January 27, 1992 the public entity shall operate each service, program, or activity so that the service, program, or activity, when viewed in its entirety, is readily accessible to and usable by individuals with disabilities. This does not necessarily require a public entity to make each of its existing facilities accessible to and usable by individuals with disabilities. For public entities that are recipients of federal financial assistance, the most recent construction or alteration must have commenced prior to the effective date of their federal funding source(s) Section 504 regulations.3. As required by 28 C.F.R. § 35.151"New construction and alterations" each facility or part of a facility constructed by, on behalf of, or for the use of a public entity shall be designed and constructed (or altered) in such manner that the facility or part of the facility is readily accessible to and usable by individuals with disabilities, if the construction or alteration was commenced after January 26, 1992. For public entities that are recipients of federal financial assistance, the all construction or alteration commenced after the effective date of their federal funding source(s) Section 504 regulations must meet the federal accessibility standards of that funding source.4. The accessibility standard specified in 28 C.F.R. § 35.151 is the Uniform Federal Accessibility Standards (UFAS) or with the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities (ADAAG). 5. Compliance with the 2010 Standards is required on new construction or alterations that were begun after March 15, 2012.5. Public entities are also required to conform to the provisions of 28 C.F.R. § 35.163 Information and signage. 525 R.I. Code R. 525-RICR-10-00-4.7