[Code of Federal Regulations]

[Title 41, Volume 2]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 41CFR101-8.309]



[Page 56-57]

 

           TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT

 

          CHAPTER 101--FEDERAL PROPERTY MANAGEMENT REGULATIONS

 

PART 101-8_NONDISCRIMINATION IN PROGRAMS RECEIVING FEDERAL FINANCIAL 

ASSISTANCE--Table of Contents

 

   Subpart 101-8.3_Discrimination Prohibited on the Basis of Handicap

 

Sec. 101-8.309  Accessibility.



    (a) General. No handicapped person shall, because a recipient's 

facilities are inaccessible to or unusable by handicapped persons, be 

denied the benefits of, be excluded from participation in, or be 

subjected to discrimination under any program or activity that receives 

Federal assistance from GSA.

    (b) Accessibility. A recipient shall operate any program or activity 

to which this subpart 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 require a recipient to make each of its existing 

facilities or every part of a facility accessible to and usable by 

handicapped persons.

    (c) Methods. A recipient may comply with the requirement of 

paragraph (a)



[[Page 57]]



of this section through such means as acquisition or redesign of 

equipment, such as telecommunications devices or other telephonic 

devices for the hearing impaired; reassignment of classes or other 

services to alternate sites which have accessible buildings; assignment 

of aides to beneficiaries, such as readers for the blind or qualified 

sign language interpreters for the hearing impaired when appropriate; 

home visits; delivery of health, welfare, or other social services at 

alternate accessible sites; alterations of existing facilities and 

construction of new facilities in conformance with the requirements of 

Sec. 101-8.310; 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.

    (d) Small service providers. If a recipient with fewer than 15 

employees finds, after consultation with a handicapped person seeking 

its services, that there is no available method of complying with 

paragraph (a) of this section other than making a significant alteration 

in its existing facilities, the recipient may, as an alternative, refer 

the handicapped person to other providers of those services that are 

accessible at no additional cost to the handicapped person.

    (e) Time period. A recipient shall comply with the requirement of 

paragraph (a) of this section within 60 days of the effective date of 

this subpart, except that where structural changes in facilities are 

necessary, the changes are to be made as expeditiously as possible, but 

in no event later than 3 years after the effective date of this subpart.

    (f) Transition plan. In the event that structural changes to 

facilities are necessary to meet the requirements of paragraph (a) of 

this section, a recipient shall develop, within 6 months of the 

effective date of this subpart, a transition plan setting forth the 

steps necessary to complete the changes. The plan shall be developed 

with the assistance of interested persons, including handicapped persons 

or organizations representing handicapped persons, and the plan must 

meet with the approval of the Director of Civil Rights, GSA. A copy of 

the transition plan shall be made available for public inspection. At a 

minimum, the plan shall:

    (1) Identify physical obstacles in the recipient's facilities that 

limit the accessibility to and usability by handicapped persons of its 

program or activity;

    (2) Describe in detail the methods that will be used to make the 

facilities accessible;

    (3) Specify the schedule for taking the steps necessary to achieve 

full accessibility under paragraph (a) of this section and, if the time 

period or the transition plan is longer than 1 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.

    (g) Notice. The recipient shall adopt and implement procedures to 

ensure that interested persons, including persons with impaired vision 

or hearing, can obtain information concerning the existence and location 

of services, activities, and facilities that are accessible to, and 

usable by, handicapped persons.