[Code of Federal Regulations]
[Title 24, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 24CFR40.3]

[Page 358]
 
                 TITLE 24--HOUSING AND URBAN DEVELOPMENT
 
PART 40_ACCESSIBILITY STANDARDS FOR DESIGN, CONSTRUCTION, AND ALTERATION 
OF PUBLICLY OWNED RESIDENTIAL STRUCTURES--Table of Contents
 
Sec. 40.3  Applicability.

    (a) The standards prescribed in Sec. 40.4 are applicable to 
residential structures designed after the effective date of this part. 
If the design of a structure commenced prior to that date, the standards 
shall be made applicable to the maximum extent practicable, as 
determined by the head of the department, agency, or instrumentality of 
the United States concerned. If no design stage is involved in the 
construction or alteration of a residential structure, the standards of 
Sec. 40.4 shall be applicable to construction or alteration for which 
bids are solicited after the effective date of this part.
    (b) The standards prescribed in Sec. 40.4 are not applicable to:
    (1) Any portion of a residential structure or its grounds which need 
not, because of its intended use, be made accessible to, or usable by, 
the public or by physically handicapped persons;
    (2) The alteration of an existing residential structure to the 
extent that the alteration does not involve work which is related to the 
standards of this part; or
    (3) The alteration of an existing building, or of such portions 
thereof, to which application of the standards is not structurally 
feasible.

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