[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: 24CFR8.21]



[Page 143-144]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 8_NONDISCRIMINATION BASED ON HANDICAP IN FEDERALLY ASSISTED PROGRAMS 

AND ACTIVITIES OF THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT--Table 

of Contents

 

                     Subpart C_Program Accessibility

 

Sec.  8.21  Non-housing facilities.



    (a) New construction. New non-housing facilities shall be designed 

and constructed to be readily accessible to and usable by individuals 

with handicaps.

    (b) Alterations to facilities. Alterations to existing non-housing 

facilities shall, to the maximum extent feasible, be made to be readily 

accessible to and usable by individuals with handicaps. For purposes of 

this paragraph, the phrase to the maximum extent feasible shall not be 

interpreted as requiring that a recipient make a non-housing facility, 

or element thereof, accessible if doing so would impose undue financial 

and administrative burdens on the operation of the recipient's program 

or activity.

    (c) Existing non-housing facilities--(1) General. A recipient shall 

operate each non-housing program or activity receiving Federal financial 

assistance so that the program or activity, when viewed in its entirety, 

is readily accessible to and usable by individuals with handicaps. This 

paragraph does not--

    (i) Necessarily require a recipient to make each of its existing 

non-housing facilities accessible to and usable by individuals with 

handicaps;

    (ii) In the case of historic preservation programs or activities, 

require the recipient to take any action that would result in a 

substantial impairment of significant historic features of an historic 

property; or

    (iii) Require a recipient to take any action that it can demonstrate 

would result in a fundamental alteration in the nature of its program or 

activity or in undue financial and administrative burdens. If an action 

would result in such an alteration or such burdens, the recipient shall 

take any action that would not result in such an alteration or such 

burdens but would nevertheless ensure that individuals with handicaps 

receive the benefits and services of the program or activity.

    (2) Methods--(i) General. A recipient may comply with the 

requirements of this section in its programs and activities receiving 

Federal financial assistance through such means as location of programs 

or services to accessible facilities or accessible portions of 

facilities, assignment of aides to beneficiaries, home visits, the 

addition or redesign of equipment (e.g., appliances or furnishings) 

changes in management policies or procedures, acquisition or 

construction of additional facilities, or alterations to existing 

facilities on a selective basis, or any other methods that result in 

making its program or activity accessible to individuals with handicaps. 

A recipient is not required to make structural changes in existing 

facilities where other methods are effective in achieving compliance 

with this section. In choosing among available methods for meeting the 

requirements of this section, the recipient shall give priority to those 

methods that offer programs and activities to qualified individuals with 

handicaps in the most integrated setting appropriate.

    (ii) Historic preservation programs or activities. In meeting the 

requirements of Sec.  8.21(c) in historic preservation programs or 

activities, a recipient shall give priority to methods that provide 

physical access to individuals with handicaps. In cases where a physical 

alteration to an historic property is not required because of Sec.  

8.21(c)(1)(ii) or (iii), alternative methods of achieving program 

accessibility include using audio-visual materials and devices to depict 

those portions of an historic property that cannot otherwise be



[[Page 144]]



made accessible; assigning persons to guide individuals with handicaps 

into or through portions of historic properties that cannot otherwise be 

made accessible; or adopting other innovative methods.

    (3) Time period for compliance. The recipient shall comply with the 

obligations established under this section within sixty days of July 11, 

1988, except that where structural changes in facilities are undertaken, 

such changes shall be made within three years of July 11, 1988, but in 

any event as expeditiously as possible.

    (4) Transition plan. If structural changes to non-housing facilities 

will be undertaken to achieve program accessibility, a recipient shall 

develop, within six months of July 11, 1988, a transition plan setting 

forth the steps necessary to complete such changes. The plan shall be 

developed with the assistance of interested persons, including 

individuals with handicaps or organizations representing individuals 

with handicaps. 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 recipient's facilities that 

limit the accessibility of its programs or activities to individuals 

with handicaps;

    (ii) Describe in details 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 section and, if the time period of the transition 

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

each year of the transition period;

    (iv) Indicate the official responsible for implementation of the 

plan; and

    (v) Identify the persons or groups with whose assistance the plan 

was prepared.



(Approved by the Office of Management and Budget under control number 

2529-0034)



[53 FR 20233, June 2, 1988; 53 FR 28115, July 26, 1988, as amended at 54 

FR 37645, Sept. 12, 1989]