| (a) All buildings or facilities listed under this section
are subject to compliance with the Act, TAS, and this chapter, regardless
of the estimated cost of construction, unless exempted under §68.30.
(b) The following buildings and facilities are subject
to compliance with the Act, TAS, and this chapter:
(1) A building or facility used by a public entity
if it is constructed, renovated, or modified, in whole or in part,
on or after January 1, 1970, using funds from the state or a county,
municipality, or other political subdivision of the state.
(2) A building or facility leased for use or occupied,
in whole or in part, by the state under a lease or rental agreement
entered into on or after January 1, 1972, except as modified under
§68.22.
(c) The following private buildings and facilities
constructed, renovated, or modified on or after January 1, 1992, and
defined as a "public accommodation" by Section 301, Americans with
Disabilities Act of 1990 (42 U.S.C. Section 12181), and its subsequent
amendments are subject to the Act, TAS, and this chapter:
(1) A place of lodging that includes guest rooms for
short-term stays of 30 days or less where the occupant does not have
the right to return to a specific room or unit after the conclusion
of their stay, and under conditions and with amenities similar to
a hotel, motel, or inn.
(A) Amenities include:
(i) on or off-site management and reservations service;
(ii) rooms available on a walk-up or call-in basis;
(iii) available housekeeping or linen service; and
(iv) acceptance of reservations for a guest room type
without guaranteeing a particular unit or room until checking in,
and without prior lease or security deposit.
(B) A place of transient lodging with no more than
five rooms for rent or hire that is occupied by the proprietor as
the proprietor's primary residence as provided under §68.30 is
not subject to this section.
(2) an establishment that serves food or drinks, including
a restaurant or bar;
(3) a sports or entertainment venue, including a movie
theater, concert hall, stadium, or other place of exhibition or entertainment;
(4) a public gathering venue, including an auditorium,
convention center, or lecture hall;
(5) a retail establishment or shopping center;
(6) a service establishment, including a laundromat,
dry-cleaner, bank, barber shop, salon, gas station, professional office,
medical facility, health care provider, or hospital;
(7) a public transportation station, including a terminal
or depot;
(8) a place of recreation, including a park, zoo, or
amusement park;
(9) a place of public display or collection, including
a museum, library or gallery;
(10) a place of education, including a day care center,
elementary, secondary, undergraduate, or postgraduate private school;
(11) a social service center establishment, including
a senior citizen center, homeless shelter, food bank, or adoption
agency;
(12) a place of exercise or recreation, including a
gymnasium, health spa, bowling alley, or golf course;
(13) a residential amenity space open to the public
which is used, leased, or rented to residents, members, non-residents,
or non-members; and
(14) a building or facility that is constructed, renovated,
or modified on a temporary or emergency basis including workforce
housing, man camps, fixed furniture systems, wall systems, and exhibit
areas.
(d) A commercial facility is subject to the Act, this
chapter, and compliance with TAS if it is intended for non-residential
use by a private entity and its operations will affect commerce, except
for railroad locomotives, railroad freight cars, railroad cabooses,
commuter or intercity passenger rail cars or any other railroad cars
described in the Americans with Disabilities Act (ADA) §242,
or covered under the ADA, Title III, railroad rights-of-way, or facilities
that are covered or expressly exempted from coverage under the federal
Fair Housing Act of 1968.
(e) A building or facility of a religious organization
is subject to the Act, this chapter, and compliance with TAS except
for areas as provided under §68.30.
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