[Code of Federal Regulations]

[Title 24, Volume 1]

[Revised as of April 1, 2006]

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

[CITE: 24CFR40.3]



[Page 362]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 40_ACCESSIBILITY STANDARDS FOR DESIGN, CONSTRUCTION, AND ALTERATION 

OF PUBLICLY OWNED RESIDENTIAL STRUCTURES--Table of Contents

 

Sec.  40.3  Applicability.



    (a) The standards prescribed in Sec.  40.4 are applicable to 

residential structures designed after the effective date of this part. 

If the design of a structure commenced prior to that date, the standards 

shall be made applicable to the maximum extent practicable, as 

determined by the head of the department, agency, or instrumentality of 

the United States concerned. If no design stage is involved in the 

construction or alteration of a residential structure, the standards of 

Sec.  40.4 shall be applicable to construction or alteration for which 

bids are solicited after the effective date of this part.

    (b) The standards prescribed in Sec.  40.4 are not applicable to:

    (1) Any portion of a residential structure or its grounds which need 

not, because of its intended use, be made accessible to, or usable by, 

the public or by physically handicapped persons;

    (2) The alteration of an existing residential structure to the 

extent that the alteration does not involve work which is related to the 

standards of this part; or

    (3) The alteration of an existing building, or of such portions 

thereof, to which application of the standards is not structurally 

feasible.