[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: 36CFR1190.2]

[Page 304-305]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
 CHAPTER XI--ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD
 
PART 1190--MINIMUM GUIDELINES AND REQUIREMENTS FOR ACCESSIBLE DESIGN--Table of Contents
 
                           Subpart A--General
 
Sec. 1190.2  Applicability: Building and facilities subject to guidelines and standards

    (a) Definitions. As used in this section, the term:
    (1) Constructed or altered on behalf of the United States means 
constructed or altered for purchase by the United States, or constructed 
or altered for the use of the United States.
    (2) 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.
    (3) Privately owned residential structures means a single or 
multifamily 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 to be issued by the 
standard-setting agencies in conformance with these minimum guidelines 
and requirements apply as provided in paragraph (d) of this section 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
    (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 after 
August 12, 1968, and before January 1, 1977, after construction or 
alteration in accordance with plans and specifications of the United 
States;
    (iii) To be leased in whole or in part by the United States on or 
after January 1, 1977;
    (iv) 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
    (v) 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 guidelines and 
requirements and 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

[[Page 305]]

    (2) Any building or facility on a military installation designed and 
constructed primarily for use by able-bodied military personnel.
    (d) Application and effective date of standards. Any covered 
building or facility, as provided in this section, which is designed, 
constructed, or altered after the effective date of a standard issued in 
conformance with this guideline which is applicable to the building or 
facility, shall be designed, constructed, or altered in accordance with 
the standard. Any other building or facility covered by the 
Architectural Barriers Act, if and when required by law, shall comply 
with such standards issued in conformance with this part as are 
appropriate.

[47 FR 33864, Aug. 4, 1982, as amended at 54 FR 5444, Feb. 3, 1989]