[Code of Federal Regulations]
[Title 45, Volume 3]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR1151.22]

[Page 380-381]
 
                        TITLE 45--PUBLIC WELFARE
 
     CHAPTER XI--NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES
 
PART 1151--NONDISCRIMINATION ON THE BASIS OF HANDICAP--Table of Contents
 
                  Subpart C--Discrimination Prohibited
 
Sec. 1151.22  Existing facilities.

    (a) A recipient shall operate each program or activity to which this 
part applies so that when each part is viewed in its entirety it is 
readily accessible to and usable by handicapped persons. This paragraph 
does not necessarily require a recipient to make each of its existing 
facilities or every part of a facility accessible to and usable by 
handicapped persons.
    (b) A recipient may comply with the requirement f paragraph (a) of 
this section through alteration of existing facilities, the construction 
of new facilities, or any other methods that result in making its 
program or activity accessible to handicapped persons. A recipient is 
not required to make structural changes in existing facilities where 
other methods are effective in achieving compliance with paragraph (a) 
of this section. In choosing among available methods for meeting the 
requirement of paragraph (a) of this section, a recipient shall give 
priority to those methods that serve handicapped persons in the most 
integrated setting appropriate.
    (c) Time period. A recipient shall comply with the requirement of 
paragraph (a) of this section within sixty days of the effective date of 
this part except that where structural changes are necessary such 
changes shall be made as soon as possible but in no event later than 
three years after the effective date of this part.
    (d) Transition plan. In the event structural changes to facilities 
are necessary to meet the requirement of paragraph (a) of this section, 
a recipient shall develop, within one year of the effective date of this 
part, a transition plan setting forth the steps necessary to complete 
such changes. The plan shall be developed with the assistance of 
interested persons, including handicapped persons or organizations 
representing handicapped persons. Upon request, the recipient shall make 
available for public inspection a copy of the transition plan. The plan 
shall, at a minimum:
    (1) Identify physical obstacles in the recipient's facilities that 
limit the accessibility of its program or activity to handicapped 
persons;
    (2) Describe in detail the methods that will be used to make the 
facilities accessible;

[[Page 381]]

    (3) Specify the schedule for taking the steps necessary to achieve 
full accessibility under paragraph (a) of this section and, if the time 
period of the transition plan is longer than one year, identify steps 
that will be taken during each year of the transition period; and
    (4) Indicate the person responsible for implementation of the plan.

[44 FR 22734, Apr. 17, 1979, as amended at 68 FR 51384, Aug. 26, 2003]