[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: 24CFR41.5]



[Page 364-365]

 

                 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.  41.5  Achieving compliance.



    (a) Examinations and inspections. If, for any project, an Assistant 

Secretary requires Departmental architectural and engineering 

examinations of drawings and specifications or other construction 

documents or requires Departmental architectural and engineering 

inspections during or upon completion of construction, those 

examinations and inspections shall include a determination of compliance 

with standards and requirements for accessibility referenced in this 

part.

    (b) Periodic compliance reviews. The Secretary, in consultation with 

the appropriate Assistant Secretary, shall conduct surveys and 

investigations as deemed appropriate to achieve compliance with 

standards or requirements subject to this part.

    (c) Complaints. Any interested person who has reason to believe that 

there has been noncompliance with standards or requirements subject to 

this part, may, by himself or herself, or by a representative, file a 

written complaint with the responsible Department Official or with the 

Architectural and Transportation Barriers Compliance Board, Washington, 

DC 20201.

    (d) Investigations. The Secretary shall, after consultation with the 

appropriate Assistant Secretary, make a prompt investigation whenever a 

compliance review, report, complaint, or any other information indicates 

a possible failure to comply with standards or requirements subject to 

this part. The investigation should include a determination of the 

authority under which the standards or requirements were imposed and, 

where appropriate, a review of the records kept pursuant to 24 CFR 40.6; 

the circumstances under which the building of facility was designed, 

constructed or altered; and other factors relevant to a determination as 

to whether there has been noncompliance with this part.



[[Page 365]]



    (e) Resolution of matters. (1) If any examination, inspection, 

periodic compliance review, complaint, or investigation pursuant to this 

section indicates a failure to comply with the applicable standards or 

requirements, the Secretary shall attempt to gain voluntary compliance 

whenever possible.

    (2) If it has been determined that voluntary compliance cannot be 

achieved, the Secretary shall refer the matter to the appropriate 

Assistant Secretary for action pursuant to his or her program authority 

regarding the residential structure or other building or facility under 

investigation, to achieve compliance with the requirements subject to 

this part. The Assistant Secretary shall report to the Secretary within 

30 days of the date of such referral regarding the action taken and the 

schedule and means of achieving compliance, except that the Secretary 

may specify a shorter or longer reporting period, as deeded appropriate.

    (f) Disposition of unresolved complaints. Unresolved complaints 

shall be referred to the Architectural and Transportation Barriers 

Compliance Board to be processed in accordance with 36 CFR part 1150. A 

complaint shall be deemed unresolved if it is not resolved within 90 

days of the date of the filing of the complaint with the Department.

    (g) Compliance action by other individuals. Individuals other than 

the Secretary may receive complaints and undertake other appropriate 

actions to achieve compliance with requirements subject to this part, so 

long as initial notification of such complaints or proposed actions is 

given both to the Secretary and the appropriate Assistant Secretary.