41 C.F.R. Subpart C—Architectural Barriers Act
Title 41 - Public Contracts and Property Management
(a) The Architectural Barriers Act applies to any facility that is intended for use by the public or that may result in the employment or residence therein of individuals with disabilities, which is to be— (1) Constructed or altered by, or on behalf of, the United States; (2) Leased in whole or in part by the United States; (3) Financed in whole or in part by a grant or loan made by the United States, if the building or facility is subject to standards for design, construction, or alteration issued under the authority of the law authorizing such a grant or loan; or (4) Constructed under the authority of the National Capital Transportation Act of 1960, the National Capital Transportation Act of 1965, or Title III of the Washington Metropolitan Area Transit Regulation Compact. (b) The Architectural Barriers Act does not apply to any privately owned residential facility unless leased by the Government for subsidized housing programs, and any facility on a military reservation designed and constructed primarily for use by able bodied military personnel. (a) GSA adopts Appendices C and D to 36 CFR part 1191 (ABA Chapters 1 and 2, and Chapters 3 through 10) as the Architectural Barriers Act Accessibility Standard. Facilities subject to the Architectural Barriers Act (other than facilities in 102–76.65(b) and (c)) must meet the Architectural Barriers Act Accessibility Standard if the construction or alteration commences, or the lease is entered into after May 8, 2006. If the construction or alteration commences, or the lease is entered into before May 8, 2006, the facility must meet the Uniform Federal Accessibility Standards. The construction or alteration of a facility for which plans and specifications were completed or substantially completed on or before May 8, 2006, is permitted to meet the Uniform Federal Accessibility Standards if the construction or alteration is commenced by May 8, 2008. The Architectural Barriers Act Accessibility Standard and the Uniform Federal Accessibility Standards are available at www.access-board.gov. (b) Residential facilities subject to the Architectural Barriers Act must meet the standards prescribed by the Department of Housing and Urban Development. (c) Department of Defense and United States Postal Service facilities subject to the Architectural Barriers Act must meet the standards prescribed by those agencies. For facilities subject to the standards in §102–76.65(a), the costs of alterations to provide an accessible path of travel to an altered area containing a primary function are disproportionate to the costs of the overall alterations when they exceed 20 percent of the costs of the alterations to the primary function area. If a series of small alterations are made to areas containing a primary function and the costs of any of the alterations considered individually would not result in providing an accessible path of travel to the altered areas, the total costs of the alterations made within the three year period after the initial alteration must be considered when determining whether the costs of alterations to provide an accessible path of travel to the altered areas are disproportionate. Facilities for which new leases are entered into must comply with F202.6 of the Architectural Barriers Act Accessibility Standard without regard to whether the costs of alterations to comply with F202.6 are disproportionate to the costs of the overall alterations. For facilities subject to the standards in §102–76.65(a), the costs of alterations to provide an accessible path of travel to an altered area containing a primary function include the costs associated with— (a) Providing an accessible route to connect the altered area and site arrival points, including but not limited to interior and exterior ramps, elevators and lifts, and curb ramps; (b) Making entrances serving the altered area accessible, including but not limited to widening doorways and installing accessible hardware; (c) Making restrooms serving the altered area accessible, including, but not limited to, enlarging toilet stalls, installing grab bars and accessible faucet controls, and insulating pipes under lavatories; (d) Making public telephones serving the altered area accessible, including, but not limited to, placing telephones at an accessible height, and installing amplification devices and TTYs; (e) Making drinking fountains serving the altered area accessible; and (f) Making parking spaces serving the altered area accessible. For facilities subject to the standards in §102–76.65(a), if the costs of alterations to provide an accessible path of travel to an altered area containing a primary function are disproportionate to the costs of the overall alterations, the path of travel must be made accessible to the extent possible without exceeding 20 percent of the costs of the alterations to the primary function area. Priority should be given to those elements that will provide the greatest access in the following order: (a) An accessible route and an accessible entrance; (b) At least one accessible restroom for each sex or a single unisex restroom; (c) Accessible telephones; (d) Accessible drinking fountains; and (e) Accessible parking spaces. For purposes of providing an accessible route in leased facilities subject to the standards in §102–76.65(a), a primary function area is an area that contains a major activity for which the leased facility is intended. Primary function areas include areas where services are provided to customers or the public, and offices and other work areas in which the activities of the Federal agency using the leased facility are carried out. The Administrator of General Services has the authority to waive or modify the standards in §102–76.65(a) on a case-by-case basis if the agency head or GSA department head submits a request for waiver or modification and the Administrator determines that the waiver or modification is clearly necessary. (a) The head of each Federal agency must ensure that documentation is maintained on each contract, grant or loan for the design, construction or alteration of a facility and on each lease for a facility subject to the standards in §102–76.65(a) containing one of the following statements: (1) The standards have been or will be incorporated in the design, the construction or the alteration. (2) The grant or loan has been or will be made subject to a requirement that the standards will be incorporated in the design, the construction or the alteration. (3) The leased facility meets the standards, or has been or will be altered to meet the standards. (4) The standards have been waived or modified by the Administrator of General Services, and a copy of the waiver or modification is included with the statement. (b) If a determination is made that a facility is not subject to the standards in §102–76.65(a) because the Architectural Barriers Act does not apply to the facility, the head of the Federal agency must ensure that documentation is maintained to justify the determination.
Title 41: Public Contracts and Property Management
PART 102–76—DESIGN AND CONSTRUCTION
Subpart C—Architectural Barriers Act
§ 102-76.60 To which facilities does the Architectural Barriers Act apply?
§ 102-76.65 What standards must facilities subject to the Architectural Barriers Act meet?
§ 102-76.70 When are the costs of alterations to provide an accessible path of travel to an altered area containing a primary function disproportionate to the costs of the overall alterations for facilities subject to the standards in §102–76.65(a)?
§ 102-76.75 What costs are included in the costs of alterations to provide an accessible path of travel to an altered area containing a primary function for facilities subject to the standards in §102–76.65(a)?
§ 102-76.80 What is required if the costs of alterations to provide an accessible path of travel to an altered area containing a primary function are disproportionate to the costs of the overall alterations for facilities subject to the standards in §102–76.65(a)?
§ 102-76.85 What is a primary function area for purposes of providing an accessible route in leased facilities subject to the standards in §102–76.65(a)?
§ 102-76.90 Who has the authority to waive or modify the standards in §102–76.65(a)?
§ 102-76.95 What recordkeeping responsibilities do Federal agencies have?
