[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: 24CFR8.32]



[Page 149]

 

                 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.  8.32  Accessibility standards.



    (a) Effective as of July 11, 1988, design, construction, or 

alteration of buildings in conformance with sections 3-8 of the Uniform 

Federal Accessibility Standards (UFAS) shall be deemed to comply with 

the requirements of Sec. Sec.  8.21, 8.22, 8.23, and 8.25 with respect 

to those buildings. Departures from particular technical and scoping 

requirements of the UFAS by the use of other methods are permitted where 

substantially equivalent or greater access to and usability of the 

building is provided. The alteration of housing facilities shall also be 

in conformance with additional scoping requirements contained in this 

part. Persons interested in obtaining a copy of the UFAS are directed to 

Sec.  40.7 of this title.

    (b) For purposes of this section, section 4.1.6(1)(g) of UFAS shall 

be interpreted to exempt from the requirements of UFAS only mechanical 

rooms and other spaces that, because of their intended use, will not 

require accessibility to the public or beneficiaries or result in the 

employment or residence therein of individuals with physical handicaps.

    (c) This section does not require recipients to make building 

alterations that have little likelihood of being accomplished without 

removing or altering a load-bearing structural member.

    (d) For purposes of this section, section 4.1.4(11) of UFAS may not 

be used to waive or lower the minimum of five percent accessible units 

required by Sec.  8.22(b) or to apply the minimum only to projects of 15 

or more dwelling units.

    (e) Except as otherwise provided in this paragraph, the provisions 

of Sec. Sec.  8.21 (a) and (b), 8.22 (a) and (b), 8.23, 8.25(a) (1) and 

(2), and 8.29 shall apply to facilities that are designed, constructed 

or altered after July 11, 1988. If the design of a facility was 

commenced before July 11, 1988, the provisions shall be followed to the 

maximum extent practicable, as determined by the Department. For 

purposes of this paragraph, the date a facility is constructed or 

altered shall be deemed to be the date bids for the construction or 

alteration of the facility are solicited. For purposes of the Urban 

Development Action Grant (UDAG) program, the provisions shall apply to 

the construction or alteration of facilities that are funded under 

applications submitted after July 11, 1988. If the UDAG application was 

submitted before July 11, 1988, the provisions shall apply, to the 

maximum extent practicable, as determined by the Department.



[53 FR 20233, June 2, 1988, as amended at 61 FR 5203, Feb. 9, 1996]