[Code of Federal Regulations]
[Title 36, Volume 3]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR1150.2]

[Page 282-283]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
 CHAPTER XI--ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD
 
PART 1150--PRACTICE AND PROCEDURES FOR COMPLIANCE HEARINGS--Table of Contents
 
                     Subpart A--General Information
 
Sec. 1150.2  Applicability: Buildings and facilities subject to guidelines and standards.

    (a) Definitions. As used in this section, the term:
    Constructed or altered on behalf of the United States means acquired 
by the United States through lease-purchase arrangement, constructed or 
altered for purchase by the United States, or constructed or altered for 
the use of the United States.
    Primarily for use by able-bodied military personnel means expected 
to be occupied, used, or visited principally by military service 
personnel. Examples of buildings so intended are barracks, officers' 
quarters, and closed messes.
    Privately owned residential structure means a single or multi-family 
dwelling not owned by a unit or subunit of Federal, state, or local 
government.
    (b) Buildings and facilities covered. Except as provided in 
paragraph (c) of this section, the standards issued under the 
Architectural Barriers Act of 1968, Pub. L. 90-480, as amended, 42 
U.S.C. 4151 et seq. (including standards of the United States Postal 
Service) apply to any building or facility--
    (1) The intended use for which either--
    (i) Will require that such building or facility be accessible to the 
public, or
    (ii) May result in employment or residence therein of physically 
handicapped persons; and

[[Page 283]]

    (2) Which is--
    (i) To be constructed or altered by or on behalf of the United 
States;
    (ii) To be leased in whole or in part by the United States--
    (A) After August 12, 1968, and before January 1, 1977, after 
construction or alteration in accordance with plans and specifications 
of the United States; or
    (B) On or after January 1, 1977, including any renewal of a lease 
entered into before January 1, 1977, which renewal is on or after such 
date;
    (iii) To be financed in whole or in part by a grant or loan made by 
the United States after August 12, 1968, if the building or facility may 
be subject to standards for design, construction, or alteration issued 
under the law authorizing the grant or loan; or
    (iv) To be constructed under the authority of the National Capital 
Transportation Act of 1960, the National Capital Transportation Act of 
1965, or title III of the Washington Metropolitan Area Transit 
Regulation Compact.
    (c) Buildings and facilities not covered. The standards do not apply 
to--
    (1) Any privately owned residential structure, unless it is leased 
by the Federal government on or after January 1, 1977, for subsidized 
housing programs; or
    (2) Any building or facility on a military installation designed and 
constructed primarily for use by military personnel.
    (d) Any covered building or facility, as provided in this section, 
which is designed, constructed, or altered after the effective date of a 
standard issued which is applicable to the building or facility, shall 
be designed, constructed, altered, or leased in accordance with the 
standard. For purposes of this section, any design, construction, 
alteration or lease for which bids or offers are received before the 
effective date of an applicable standard, in response to an invitation 
for bids or request for proposals, is not subject to that standard.