[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: 45CFR84.22]



[Page 352]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 84_NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR 

ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE--Table of Contents

 

                         Subpart C_Accessibility

 

Sec.  84.22  Existing facilities.



    (a) Accessibility. A recipient shall operate its program or activity 

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 requirements 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.  84.23, 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 handicapped persons in the most integrated setting appropriate.

    (c) Small health, welfare, or other social service providers. If a 

recipient with fewer than fifteen employees that provides health, 

welfare, or other social services finds, after consultation with a 

handicapped person seeking its services, that there is no method of 

complying with paragraph (a) of this section other than making a 

significant alteration in its existing facilities, the recipient may, as 

an alternative, refer the handicapped person to other providers of those 

services that are accessible.

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

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

this part except that where structural changes in facilities are 

necessary, such changes shall be made within three years of the 

effective date of this part, but in any event as expeditiously as 

possible.

    (e) 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 six 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;

    (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) and, if the time period of the 

transition plan is longer than one year, identify the steps that will be 

taken during each year of the transition period; and

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

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

ensure that interested persons, including persons with impaired 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.



[42 FR 22677, May 4, 1977, as amended at 70 FR 24319, May 9, 2005]



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