[Code of Federal Regulations]

[Title 45, Volume 3]

[Revised as of October 1, 2005]

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

[CITE: 45CFR707.8]



[Page 306-307]

 

                        TITLE 45--PUBLIC WELFARE

 

                 CHAPTER VII--COMMISSION ON CIVIL RIGHTS

 

PART 707_ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF DISABILITY 

IN PROGRAMS OR ACTIVITIES CONDUCTED BY U.S. COMMISSION ON CIVIL RIGHTS

--Table of Contents

 

Sec. 707.8  Physical access.



    (a) Discrimination prohibited. Except as otherwise provided in this 

section, no qualified individual with disabilities shall, because the 

Agency's facilities are inaccessible to or unusable by individuals with 

disabilities, be denied the benefits of, be excluded from participation 

in, or otherwise be subjected to discrimination under any program or 

activity conducted by the Agency.

    (b) Existing facilities-program access--(1) Existing facilities 

defined. For the purpose of this section, existing facilities means 

those facilities owned, leased or used through some other arrangement by 

the Agency on March 28, 1990.

    (2) General. The Agency shall operate each program or activity 

conducted in an existing facility so that the program or activity, when 

viewed in its entirety, is readily accessible to and usable by 

individuals with disabilities. This paragraph does not--

    (i) Necessarily require the Agency to make each of its existing 

facilities accessible to and usable by individuals with disabilities

    (ii) 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 this paragraph would result in such 

alteration or burdens. The decision that compliance would result in such 

alteration or burdens must be made by the Staff Director 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 reaching 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 disabilities receive the benefits and services of the 

program or activity.

    (3) Methods. (i) 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 individuals 

with disabilities, delivery of services at alternative accessible sites, 

alteration of existing facilities and construction of new facilities, 

use of accessible vehicles, or any other methods that result in making 

its program or activities readily accessible to and usable by 

individuals with disabilities.

    (ii) The Agency is not required to make structural changes in 

existing facilities where other methods are effective in achieving 

compliance with paragraph (b)(2) of this section. The Agency, in making 

alterations to existing buildings to achieve program accessibility, 

shall meet accessibility requirements imposed by the Architectural 

Barriers Act of 1968, 42 U.S.C. 4151 through 4157,

    (iii) 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 

disabilities in the most integrated setting appropriate to the needs of 

qualified individuals with disabilities.

    (4) Time period for compliance. The Agency shall comply with the 

obligations established under this section before April 17, 1990, except 

that where structural changes in facilities are undertaken, such changes 

shall be made before February 16, 1993, but in any event as 

expeditiously as possible.

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

facilities will be undertaken to achieve program accessibility, the 

Agency shall develop, before August 16, 1990, a transition plan setting 

forth the steps necessary to complete such changes. The Agency shall 

provide an opportunity to interested persons, including individuals



[[Page 307]]



with disabilities and organizations representing individuals with 

disabilities, 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--

    (i) Identify physical obstacles in the Agency's facilities that 

limit the accessibility of its programs or activities to individuals 

with disabilities;

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

facilities accessible;

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

compliance with this paragraph and, if the time period of the transition 

plan is longer than 1 year, identify steps that will be taken during 

each year of the transition period; and

    (iv) Indicate the official response for implementation of the plan.

    (6) The Agency shall provide signs at a primary entrance to each of 

its inaccessible facilities, directing users to a location at which they 

can obtain information about accessible facilities. The international 

symbol for accessibility shall be used at each primary entrance of an 

accessible facility.

    (c) New purchases, leases, or other arrangements. (1) Any building 

or facility acquired after March 28, 1990, whether by purchase, lease 

(other than lease renewal), or any other arrangement, shall be readily 

accessible to and usable by individuals with disabilities.

    (2) Nothing in this paragraph requires 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 this paragraph would 

result in such alteration or burdens. The decision that compliance would 

result in such alteration or burdens must be made by the Staff Director 

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 reaching 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 disabilities receive the 

benefits and services of the program or activity.

    (d) New construction and alterations. Each building or part of a 

building that is constructed or altered by, on behalf of, or for the use 

of the Agency shall be designed, constructed, or altered so as to be 

readily accessible to and usable by individuals with disabilities in 

accordance with the requirements imposed by the Architectural Barriers 

Act of 1968, 42 U.S.C. 4151 through 4157.