[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: 36CFR1190.34]

[Page 315-317]
 
              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 B--Scope
 
Sec. 1190.34  Accessible buildings and facilities: Leased.

    (a) Buildings or facilities or portions thereof leased by the 
Federal Government shall comply with Sec. 1190.31, New construction, or 
shall incorporate the features listed in Sec. 1190.33(c), Alterations. 
Where both types of buildings are available for leasing, reasonable

[[Page 316]]

preference must be given to buildings or facilities complying with 
Sec. 1190.31, New construction.
    (b) If space complying with paragraph (a) of this section is not 
available, space may be leased only if the space meets, or is altered to 
meet, the following conditions:
    (1) At least one accessible route is provided from an accessible 
entrance complying with Sec. 1190.120, Entrances, to those areas in 
which the principal activities for which the building or facility was 
leased are conducted. Separate accessible routes may be provided to 
areas serving different groups of users (e.g., the public, employees).
    (2) The accessible route shall comply with the requirements of 
Sec. 1190.50, Walks, floors, and accessible routes, and provide access 
to whatever accessible facilities are either required or provided, such 
as accessible toilets.
    (i) Toilet facilities, to the extent required for the ready intended 
use of the building or facility, shall be provided as follows--
    (A) Where more than one toilet for each sex is provided in a 
building or facility, at least one toilet facility which complies with 
Sec. 1190.150, Toilet and bathing facilities, shall be provided for each 
sex on each floor having toilets; or
    (B) In a building or facility providing only one toilet for each 
sex, either one unisex toilet or one toilet for each sex complying with 
Sec. 1190.150 shall be provided; or
    (C) In a building or facility where only one toilet is provided, one 
unisex toilet complying with Sec. 1190.150 shall be provided.
    (ii) Parking facilities, if a parking area is included within the 
lease, shall be provided complying with Sec. 1190.60, Parking and 
passenger loading zones, to the extent feasible.
    (3) Where an agency determines that an area does not require the 
provision of toilets or parking facilities for the users or occupants of 
that area, nothing in this section shall be construed to require the 
provision of any such facilities.
    (4) Consideration shall be given to providing accessible elements 
and spaces in each altered building or facility complying with:
    (i) Section 1190.160 Drinking fountains and water coolers;
    (ii) Section 1190.180 Alarms;
    (iii) Section 1190.210 Telephones;
    (iv) Section 1190.220 Seating, tables, and work surfaces;
    (v) Section 1190.230 Assembly areas; and
    (vi) Section 1190.240 Storage.
    (c) If space leased in accordance with the requirements of paragraph 
(a) or (b) of this section is subsequently altered, then the alterations 
shall comply with the requirements of Sec. 1190.33, Alterations.
    (d) If space leased in accordance with the requirements of paragraph 
(a) or (b) of this section is increased by construction of an addition, 
the addition shall comply with Sec. 1190.32, Additions, to the extent it 
is leased by the Federal Government.
    (e) If leased space at the time of leasing meets past or present 
state or local codes or the recommended standards of the American 
National Standards Institute (ANSI) A117.1 for accessibility to 
physically handicapped people, and provides the features required by 
this section, the space may be used as is or altered to comply with the 
technical requirements of paragraph (a) or (b) of this section.
    (f) Once leased space in an existing building is accessible or is 
made accessible hereunder, no new accessibility alterations shall be 
required under this subpart except where alterations or additions are 
made to the building which are covered by paragraphs (c) and (d) of this 
section.
    (g) Exceptions. (1) If no space complying with paragraph (a) or (b) 
of this section is available for leasing, space as available may be 
leased without alterations:
    (i) If the lease is necessary for officials servicing natural or 
human-made disasters on an emergency basis;
    (ii) If the space is used on an intermittent basis; or
    (iii) If the occupancy of the space is for no more than twelve 
months. If delays occur during the twelve months, the short-term lease 
may be extended for no more than an additional 12 months.

[[Page 317]]

    (2) Mechanical rooms and other spaces which normally are not 
frequented by the public or employees with handicaps of the occupant 
agency or which by nature of their use are not required to be accessible 
are excepted from this section.

[53 FR 35510, Sept. 14, 1988. Redesignated at 54 FR 5444, Feb. 3, 1989]