Structural changes are not necessarily required under this standard, if programs can be made accessible in other ways. Under title III, the extent to which washing machines are required to have Braille controls depends on whether the facility in which they are located is a place of public accommodation or a commercial facility. Public accommodations are required by section 36.303 of the title III regulation to furnish auxiliary aids and services where necessary to ensure effective communication with persons with disabilities, unless doing so would pose an undue burden or would fundamentally alter the service offered. See title III regulation and preamble, 36.303, at pages 35597 and 35565-68. Therefore, a place of public accommodation that offers washing machines with words on them must provide an effective way of communicating any words on the machine to persons with vision impairments.
Braille lettering is one such method of communication.
Braille lettering may also be required under sections 36.201 or 36.202 of the rule, as discussed above in part II.A. Commercial facilities are not required to modify washing machines to have Braille lettering, because commercial facilities are not covered by the auxiliary aids and services requirements or by sections 36.201 and 36.202. In facilities covered by title II, auxiliary aids and services must be provided to ensure communication with persons with disabilities that is equally as effective as communication with others, unless to do so would pose an undue burden or a fundamental alteration to the service. See title II regulation and preamble, 35.160, at pages 35721 and 35711-12. They therefore must comply with sections 36.201 and 36.202 of the title III regulation, if applicable, and they must apply the Standards in new construction and alterations, and, if readily achievable, in existing facilities not being altered. In addition, the proposed ADA guidelines for residential units covered by title II specify that at least one washing machine in any laundry facility must be front-loading, and must meet other requirements from the Standards for controls.