[Code of Federal Regulations]

[Title 45, Volume 4]

[Revised as of October 1, 2005]

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

[CITE: 45CFR1214.150]



[Page 46-47]

 

                        TITLE 45--PUBLIC WELFARE

 

       CHAPTER XII--CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

 

PART 1214_ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP 

IN PROGRAMS OR ACTIVITIES CONDUCTED BY ACTION--Table of Contents

 

Sec. 1214.150  Program accessibility: Existing facilities.



    (a) General. The agency shall operate each program or activity so 

that the program or activity, when viewed in its entirety, is readily 

accessible to and usable by individuals with handicaps. This paragraph 

does not--

    (1) Necessarily require the agency to make each of its existing 

facilities accessible to and usable by individuals with handicaps; or

    (2) Require the agency to take any action that it can demonstrate 

would result in a fundamental alteration in the nature of a program or 

activity or in undue financial and administrative burdens. In those 

circumstances where agency personnel believe that the proposed action 

would fundamentally alter the program or activity or would result in 

undue financial and administrative burdens, the agency has the burden of 

proving that compliance with Sec. 1214.150(a) would result in such 

alteration or burdens. The decision that



[[Page 47]]



compliance would result in such alteration or burdens must be made by 

the agency head or his or her designee after considering all agency 

resources available for use in the funding and operation of the 

conducted program or activity and must be accompanied by a written 

statement of the reasons for that conclusion. If an action would result 

in such an alteration or such burdens, the agency shall take any other 

action that would not result in such an alteration or such burdens but 

would nevertheless ensure that individuals with handicaps receive the 

benefits and services of the program or activity.

    (b) Methods. The agency may comply with the requirements of this 

section through such means as redesign of equipment, reassignment of 

services to accessible buildings, assignment of aides to beneficiaries, 

home visits, delivery of services at alternate accessible sites, 

alteration of existing facilities and construction of new facilities, 

use of accessible rolling stock, or any other methods that result in 

making its programs or activities readily accessible to and usable by 

individuals with handicaps. The agency is not required to make 

structural changes in existing facilities where other methods are 

effective in achieving compliance with this section. The agency, in 

making alterations to existing buildings, shall meet accessibility 

requirements to the extent compelled by the Architectural Barriers Act 

of 1968, as amended (42 U.S.C. 4151-4157), and any regulations 

implementing it. In choosing among available methods for meeting the 

requirements of this section, the agency shall give priority to those 

methods that offer programs and activities to qualified individuals with 

handicaps in the most integrated setting appropriate.

    (c) Time period for compliance. The agency shall comply with the 

obligations established under this section within sixty days of the 

effective date of this part except that where structural changes in 

facilities are undertaken, such changes shall be made within three years 

of the effective date of this part, but in any event as expeditiously as 

possible.

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

facilities will be undertaken to achieve program accessibility, the 

agency shall develop, within six months of the effective date of this 

part, a transition plan setting forth the steps necessary to complete 

such changes. The agency shall provide an opportunity to interested 

persons, including individuals with handicaps or organizations 

representing individuals with handicaps, to participate in the 

development of the transition plan by submitting comments (both oral and 

written). A copy of the transition plan shall be made available for 

public inspection. The plan shall, at a minimum--

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

limit the accessibility of its programs or activities to individuals 

with handicaps;

    (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 

compliance with 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 agency official responsible for implementation of 

the plan.