[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: 24CFR41.4]



[Page 363-364]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 41_POLICIES AND PROCEDURES FOR THE ENFORCEMENT OF STANDARDS AND 

REQUIREMENTS FOR ACCESSIBILITY BY THE PHYSICALLY HANDICAPPED--Table 

of Contents

 

Sec.  41.4  Waiver or modification of standards.



    (a) The applicability of standards and requirements for 

accessibility by the physically handicapped may be waived or modified on 

a case-by-case basis upon a written request from a recipient of a 

Departmental grant or loan or from a Departmental agency leasing a 

building or facility.

    (b) For residential buildings or facilities, a waiver or 

modification may be granted only by the Secretary.

    (c) Upon the recommendation of an Assistant Secretary, a waiver or 

modification for nonresidential buildings or facilities may be granted 

only by the Administrator, General Services Administration.



[[Page 364]]



    (d) No request for a waiver or modification shall be recommended for 

approval by an Assistant Secretary or approved by the Secretary unless 

the following criteria obtain:

    (1) The granting of the waiver or modification is based upon 

findings of fact, and is not inconsistent with the provisions of the 

Architectural Barriers Act, and

    (2) Application of the requirement or standard would adversely 

affect the purposes of the Departmental program under which the loan or 

grant is being provided or for which the building or facility is being 

leased.

    (e) Requests for a waiver or modification shall be submitted to the 

appropriate Assistant Secretary for review. Each request shall include:

    (1) The name and address of the requestor.

    (2) The name and location of the involved building or facility.

    (3) Any applicable plans, drawings, specifications or other 

descriptions of the building or facility.

    (4) The standard provision or requirement from which the requestor 

seeks a waiver or modification.

    (5) A description of the building or facility as to its 

accessibility for the physically handicapped and how the waiving or 

modification of a standard or requirement would affect that 

accessibility.

    (6) A statement of the facts which establish that the criteria of 

paragraph (d) of this section would be satisfied.

    (7) A description of the steps taken, or to be taken, to comply with 

standards and requirements for which a waiver or modification is not 

being requested.

    (8) Such other information as the requestor or the responsible 

Assistant Secretary deems appropriate or necessary.

    (f) If the responsible Assistant Secretary finds that the criteria 

of paragraph (d) of this section are satisfied, then he or she shall 

submit the request along with his or her recommendations to the 

Secretary for action or for referral to the Administrator, General 

Services Administration for action. In reviewing request for waiver and 

modifications, the Secretary shall assure consistent Department policy 

regarding the removal of architectural barriers and accessibility by 

physically handicapped persons.

    (g) All waivers and modifications granted pursuant to this part 

shall have only future effect on; and are limited to cases for which the 

request is made.