[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: 45CFR84.23]



[Page 353]

 

                        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.  84.23  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 part.

    (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 part 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 January 18, 1991, design, construction, or alteration of 

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

Accessibility Standards (UFSA) (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 substantial 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.



[42 FR 22677, May 4, 1977, as amended at 55 FR 52138, 52142, Dec. 19, 

1990]