[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 45CFR12a.6]



[Page 60]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 12a_USE OF FEDERAL REAL PROPERTY TO ASSIST THE HOMELESS--Table of 

Contents

 

Sec.  12a.6  Suitability criteria.



    (a) All properties, buildings and land will be determined suitable 

unless a property's characteristics include one or more of the following 

conditions:

    (1) National security concerns. A property located in an area to 

which the general public is denied access in the interest of national 

security (e.g., where a special pass or security clearance is a 

condition of entry to the property) will be determined unsuitable. Where 

alternative access can be provided for the public without compromising 

national security, the property will not be determined unsuitable on 

this basis.

    (2) Property containing flammable or explosive materials. A property 

located within 2000 feet of an industrial, commercial or Federal 

facility handling flammable or explosive material (excluding underground 

storage) will be determined unsuitable. Above ground containers with a 

capacity of 100 gallons or less, or larger containers which provide the 

heating or power source for the property, and which meet local safety, 

operation, and permitting standards, will not affect whether a 

particular property is determined suitable or unsuitable. Underground 

storage, gasoline stations and tank trucks are not included in this 

category and their presence will not be the basis of an unsuitability 

determination unless there is evidence of a threat to personal safety as 

provided in paragraph (a)(5) of this section.

    (3) Runway clear zone and military airfield clear zone. A property 

located within an airport runway clear zone or military airfield clear 

zone will be determined unsuitable.

    (4) Floodway. A property located in the floodway of a 100 year 

floodplain will be determined unsuitable. If the floodway has been 

contained or corrected, or if only an incidental portion of the property 

not affecting the use of the remainder of the property is in the 

floodway, the property will not be determined unsuitable.

    (5) Documented deficiencies. A property with a documented and 

extensive condition(s) that represents a clear threat to personal 

physical safety will be determined unsuitable. Such conditions may 

include, but are not limited to, contamination, structural damage or 

extensive deterioration, friable asbestos, PCB's, or natural hazardous 

substances such as radon, periodic flooding, sinkholes or earth slides.

    (6) Inaccessible. A property that is inaccessible will be determined 

unsuitable. An inaccessible property is one that is not accessible by 

road (including property on small off-shore islands) or is land locked 

(e.g., can be reached only by crossing private property and there is no 

established right or means of entry).