[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: 45CFR1232.15]



[Page 85-86]

 

                        TITLE 45--PUBLIC WELFARE

 

       CHAPTER XII--CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

 

PART 1232_NONDISCRIMINATION ON BASIS OF HANDICAP IN PROGRAMS OR 

ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE--Table of Contents

 

                         Subpart C_Accessibility

 

Sec. 1232.15  New construction.



    (a) Design, construction, and alteration. New facilities shall be 

designed and constructed to be readily accessible to



[[Page 86]]



and usable by handicapped persons. construction shall be considered new 

if ground breaking takes place after the effective date of the 

regulation. Alterations to existing facilities shall, to the maximum 

extent feasible, be designed and constructed to be readily accessible to 

and usable by handicapped persons.

    (b) Conformance with Uniform Federal Accessibility Standards. (1) 

Effective as of January 18, 1991, design, construction, or alteration of 

buildings in conformance with sections 3-8 of the Uniform Federal 

Accessibility Standards (USAF) (appendix A to 41 CFR subpart 101-19.6) 

shall be deemed to comply with the requirements of this section with 

respect to those buildings. Departures from particular technical and 

scoping requirements of UFAS by the use of other methods are permitted 

where substantially equivalent or greater access to and usability of the 

building is provided.

    (2) For purposes of this section, section 4.1.6(1)(g) of UFAS shall 

be interpreted to exempt from the requirements of UFAS only mechanical 

rooms and other spaces that, because of their intended use, will not 

require accessibility to the public or beneficiaries or result in the 

employment or residence therein of persons with physical handicaps.

    (3) This section does not require recipients to make building 

alterations that have little likelihood of being accomplished without 

removing or altering a load-bearing structural member.



[44 FR 31018, May 30, 1979, as amended at 55 FR 52138, 52142, Dec. 19, 

1990]