Chapter 3: General Requirements
Regulatory references: 28 CFR 36.201-36.213.
III-3.12000 Places of public accommodation located in private
residences.
When a place of public accommodation is located in a home, the portions
of the home used as a place of public accommodation are covered by
title
III, even if those portions are also used for residential purposes.
Coverage
extends not only to those portions but also includes an accessible
route
from the sidewalk, through the doorway, through the hallway and other
portions
of the home, such as restrooms, used by clients and customers of the
public
accommodation.
ILLUSTRATION: J, a family day care provider, is having a new
home built. J intends to use two of the rooms as a family day care
center. In addition, the children will be using the master bathroom.
Even though the two rooms and bathroom will be used for residential
purposes when the children are not present, all three rooms are covered
by the title III new construction requirements, because the rooms are
not being used exclusively as a residence. Moreover, J must assure that
there is an accessible route to the day care rooms and bathroom.
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