[Code of Federal Regulations]

[Title 14, Volume 5]

[Revised as of January 1, 2006]

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

[CITE: 14CFR1251.301]



[Page 232-233]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

                          SPACE ADMINISTRATION

 

PART 1251_NONDISCRIMINATION ON BASIS OF HANDICAP--Table of Contents

 

                      Subpart 1251.3_Accessibility

 

Sec. 1251.301  Existing facilities.



    (a) Accessibility. A recipient shall operate each program or 

activity to which his part applies so that when each part is viewed in 

its entirety it is readily accessible to handicapped persons. This 

paragraph does not require a recipient to make each of its existing 

facilities or every part of a facility accessible to and usable by 

handicapped persons.

    (b) Methods. A recipient may comply with the requirement of 

paragraph (a) of this section through such means as redesign of 

equipment; reassignment of classes or other services to accessible 

buildings; assignment of aides to beneficiaries; home visits; delivery 

of health, welfare, or other social services at alternate accessible 

sites; alteration of existing facilities and construction of new 

facilities in conformance with the requirements of Sec. 1251.302; or 

any other methods that result in making its program or activity 

accessible to handicapped persons. A recipient is not required to make 

structural changes in existing facilities where other methods are 

effective in achieving compliance with paragraph (a) of this section. In 

choosing among available methods for meeting the requirement of 

paragraph (a) of this section, a recipient shall give priority to those 

methods that serve to handicapped persons in the most integrated setting 

appropriate.

    (c) Time period. A recipient shall comply with the requirement of 

paragraph (a) of this section within 60 days of the effective date of 

this part except that where structural changes in facilities are 

necessary, such changes shall be made within 3 years of the effective 

date of this part, but in any event as expeditiously as possible.

    (d) Transition plan. In the event that structural changes to 

facilities are necessary to meet the requirement of paragraph (a) of 

this section, a recipient shall develop, within 6 months of the 

effective date of this part, a transition plan setting forth the steps 

necessary to complete such changes. The plan shall be developed with the 

assistance of interested persons, including handicapped persons or 

organizations representing handicapped persons. A copy of the transition 

plan shall be made available for public inspection. The plan shall, at a 

minimum:

    (1) Identify physical obstacles in the recipient's facilities that 

limit the accessibility of its program or activity to handicapped 

persons;



[[Page 233]]



    (2) Describe in detail the methods that will be used to make the 

facilities accessible;

    (3) Specify the schedule for taking the steps necessary to achieve 

full accessibility under paragraph (a) of this section and, if the time 

period of the transition plan is longer than 1 year, identify steps that 

will be taken during each year of the transition period; and

    (4) Indicate the person responsible for implementation of the plan.

    (e) Notice. The recipient shall adopt and implement procedures to 

ensure that interested persons, including persons with inpaired vision 

or hearing, can obtain information as to the existence and location of 

services, activities, and facilities that are accessible to and usable 

by handicapped persons.



[51 FR 26862, July 28, 1986, as amended at 68 FR 51351, Aug. 26, 2003]