[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: 24CFR41.4]

[Page 360-361]
 
                 TITLE 24--HOUSING AND URBAN DEVELOPMENT
 
PART 41_POLICIES AND PROCEDURES FOR THE ENFORCEMENT OF STANDARDS AND 
 
Sec. 41.4  Waiver or modification of standards.

    (a) The applicability of standards and requirements for 
accessibility by the physically handicapped may be waived or modified on 
a case-by-case basis upon a written request from a recipient of a 
Departmental grant or loan or from a Departmental agency leasing a 
building or facility.
    (b) For residential buildings or facilities, a waiver or 
modification may be granted only by the Secretary.
    (c) Upon the recommendation of an Assistant Secretary, a waiver or 
modification for nonresidential buildings or facilities may be granted 
only by the Administrator, General Services Administration.
    (d) No request for a waiver or modification shall be recommended for 
approval by an Assistant Secretary or approved by the Secretary unless 
the following criteria obtain:
    (1) The granting of the waiver or modification is based upon 
findings of fact, and is not inconsistent with the provisions of the 
Architectural Barriers Act, and
    (2) Application of the requirement or standard would adversely 
affect the purposes of the Departmental program under which the loan or 
grant is being provided or for which the building or facility is being 
leased.
    (e) Requests for a waiver or modification shall be submitted to the 
appropriate Assistant Secretary for review. Each request shall include:
    (1) The name and address of the requestor.
    (2) The name and location of the involved building or facility.
    (3) Any applicable plans, drawings, specifications or other 
descriptions of the building or facility.
    (4) The standard provision or requirement from which the requestor 
seeks a waiver or modification.
    (5) A description of the building or facility as to its 
accessibility for the physically handicapped and how the waiving or 
modification of a standard or requirement would affect that 
accessibility.
    (6) A statement of the facts which establish that the criteria of 
paragraph (d) of this section would be satisfied.
    (7) A description of the steps taken, or to be taken, to comply with 
standards and requirements for which a waiver or modification is not 
being requested.
    (8) Such other information as the requestor or the responsible 
Assistant Secretary deems appropriate or necessary.
    (f) If the responsible Assistant Secretary finds that the criteria 
of paragraph (d) of this section are satisfied, then he or she shall 
submit the request along with his or her recommendations to the 
Secretary for action or for referral to the Administrator, General 
Services Administration for action. In reviewing request for waiver and 
modifications, the Secretary shall assure consistent Department policy 
regarding the removal of architectural barriers and accessibility by 
physically handicapped persons.

[[Page 361]]

    (g) All waivers and modifications granted pursuant to this part 
shall have only future effect on; and are limited to cases for which the 
request is made.