[Code of Federal Regulations]

[Title 43, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 43CFR17.218]



[Page 398]

 

                    TITLE 43--PUBLIC LANDS: INTERIOR

 

PART 17_NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OF THE DEPARTMENT

OF THE INTERIOR--Table of Contents

 

          Subpart B_Nondiscrimination on the Basis of Handicap

 

Sec.  17.218  New construction.



    (a) Design and construction. Each facility or part of a facility 

constructed by, on behalf of, or for the use of a recipient shall be 

designed and constructed in such manner that the facility or part of the 

facility is readily accessible to and usable by handicapped persons, if 

the construction was commenced after the effective date of this subpart.

    (b) Alteration. Each facility or part of a facility which is altered 

by, on behalf of, or for the use of a recipient after the effective date 

of this subpart, in a manner that affects or could affect the usability 

of the facility or part of the facility shall, to the maximum extent 

feasible, be altered in such manner that the altered portion of the 

facility is readily accessible to and usable by handicapped persons.

    (c) Conformance with Uniform Federal Accessibility Standards. (1) 

Effective as of August 15, 1990, design, construction, or alteration of 

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

Accessibility Standards (UFAS) (appendix A to 41 CFR subpart 101-19.6) 

shall be deemed to comply with the requirements of this section with 

respect to those buildings. Departures from particular technical and 

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

where substantially equivalent or greater access to and usability of the 

building is provided.

    (2) 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 persons with physical handicaps.

    (3) 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.



[47 FR 29546, July 7, 1982, as amended at 55 FR 28912, July 16, 1990]