[Code of Federal Regulations]
[Title 24, Volume 1]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 24CFR8.32]

[Page 147]
 
                 TITLE 24--HOUSING AND URBAN DEVELOPMENT
 
PART 8--NONDISCRIMINATION BASED ON HANDICAP IN FEDERALLY ASSISTED PROGRAMS AND ACTIVITIES OF THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT--Table of Contents
 
                    Subpart C--Program Accessibility
 
Sec. 8.32  Accessibility standards.

    (a) Effective as of July 11, 1988, design, construction, or 
alteration of buildings in conformance with sections 3-8 of the Uniform 
Federal Accessibility Standards (UFAS) shall be deemed to comply with 
the requirements of Secs. 8.21, 8.22, 8.23, and 8.25 with respect to 
those buildings. Departures from particular technical and scoping 
requirements of the UFAS by the use of other methods are permitted where 
substantially equivalent or greater access to and usability of the 
building is provided. The alteration of housing facilities shall also be 
in conformance with additional scoping requirements contained in this 
part. Persons interested in obtaining a copy of the UFAS are directed to 
Sec. 40.7 of this title.
    (b) For purposes of this section, section 4.1.6(1)(g) of UFAS shall 
be interpreted to exempt from the requirements of UFAS only mechanical 
rooms and other spaces that, because of their intended use, will not 
require accessibility to the public or beneficiaries or result in the 
employment or residence therein of individuals with physical handicaps.
    (c) This section does not require recipients to make building 
alterations that have little likelihood of being accomplished without 
removing or altering a load-bearing structural member.
    (d) For purposes of this section, section 4.1.4(11) of UFAS may not 
be used to waive or lower the minimum of five percent accessible units 
required by Sec. 8.22(b) or to apply the minimum only to projects of 15 
or more dwelling units.
    (e) Except as otherwise provided in this paragraph, the provisions 
of Secs. 8.21 (a) and (b), 8.22 (a) and (b), 8.23, 8.25(a) (1) and (2), 
and 8.29 shall apply to facilities that are designed, constructed or 
altered after July 11, 1988. If the design of a facility was commenced 
before July 11, 1988, the provisions shall be followed to the maximum 
extent practicable, as determined by the Department. For purposes of 
this paragraph, the date a facility is constructed or altered shall be 
deemed to be the date bids for the construction or alteration of the 
facility are solicited. For purposes of the Urban Development Action 
Grant (UDAG) program, the provisions shall apply to the construction or 
alteration of facilities that are funded under applications submitted 
after July 11, 1988. If the UDAG application was submitted before July 
11, 1988, the provisions shall apply, to the maximum extent practicable, 
as determined by the Department.

[53 FR 20233, June 2, 1988, as amended at 61 FR 5203, Feb. 9, 1996]