[Code of Federal Regulations]
[Title 41, Volume 2]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 41CFR101-19.604]

[Page 102]
 
           TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT
 
          CHAPTER 101--FEDERAL PROPERTY MANAGEMENT REGULATIONS
 
PART 101-19--CONSTRUCTION AND ALTERATION OF PUBLIC BUILDINGS--Table of Contents
 
     Subpart 101-19.6--Accommodations for the Physically Handicapped
 
Sec. 101-19.604  Exceptions.

    The standards established in Sec. 101-19.603 shall not apply to:
    (a) The design, construction, alteration, or lease of any portion of 
a building which need not, because of its intended use, be made 
accessible to, or usable by, the public or by physically handicapped 
persons;
    (b) The alteration of an existing building if the alteration does 
not involve the installation of, or work on, existing stairs, doors, 
elevators, toilets, entrances, drinking fountains, floors, telephone 
locations, curbs, parking areas, or any other facilities susceptible of 
installation or improvements to accommodate the physically handicapped;
    (c) The alteration of an existing building, or of portions thereof, 
to which application of the standards is not structurally possible;
    (d) The construction or alteration of a building for which plans and 
specifications were completed or substantially completed on or before 
September 2, 1969: Provided, however, That any building defined in 
Sec. 101-19.602(a)(4) shall be designed, constructed, or altered in 
accordance with the standards prescribed in Sec. 101-19.603 regardless 
of design status or bid solicitation as of September 2, 1969; and
    (e) The leasing of space when it is found after receiving bids or 
offers not otherwise legally acceptable that a proposal meets most of 
the requirements of the Uniform Federal Accessibility Standards. If no 
offeror or bidder meets all the requirements, then preference must be 
given to the offeror or bidder who most nearly meets the standards in 
section 101-19.603. If the award is proposed for a firm other than the 
one that most nearly meets the Uniform Federal Accessibility Standards 
and whose bid or offer is reasonable in price and is otherwise legally 
acceptable, a waiver or modification of the standards must be obtained.

(Sec. 205 (c), 63 Stat. 1390, 40 U.S.C. 486(c))

[39 FR 23214, June 27, 1974, as amended at 43 FR 16479, Apr. 19, 1978; 
49 FR 31625, Aug. 7, 1984]