Page:Title 3 CFR 2000 Compilation.djvu/421

 Executive Office of the President \365 102.151 forreaching that conclusion. If an ac- tion would result in such an alteration or such burdens, the agency shall take any other action that would not result in such an alteration or such burdens but would nevertheless ensure that in- dividuals with handicaps receive the benefits and services of the program or activity. (b) Me\177k\177ods--(1) General. The agency may comply with the requirements of this section through such means as re- design of equipment, reassignment of services to accessible buildings, assign- ment of aides to beneficiaries, home visits, delivery of services at alternate accessible sites, alteration of existing facilities and construction of new fa- cilities, use of accessible rolling stock, or any other methods that result in making its programs or activities read- ily accessible to and usable by individ- uals with handicaps. The agency is not required to make structural changes in existing facilities where other methods are effective in achieving compliance with this section. The agency, in mak- ing alterations to existing buildings, shall meet accessibility requirements to the extent compelled by the Archi- tectural Barriers Act of 1968, as amend- ed (42 U.S.C. 41514157), and any regula- tions implementing it. In choosing among available methods for meeting the requirements of this section, the agency shall give priority to those methods that offer programs and ac- tivities to qualified individuals with handicaps in the most integrated set- ting appropriate. (2) Historic preservation programs. In meeting the requirements of \365 102.150(a) in historic preservation programs, the agency shall give priority to methods that provide physical access to individ- uals with handicaps. In cases where a physical alteration to an historic prop- erty is not required because of \365102.150(a) (2) or (3), alternative meth- ods of achieving program accessibility include- (i) Using audio-visual materials and devices to depict those portions of an historic property that cannot other- wise be made accessible; (ii) Assigning persons to guide indi- viduals with handicaps into or through portions of historic properties that cannot otherwise be made accessible; or (iii) Adopting other innovative meth- ods. (c) Time period for compliance. The agency shall comply with the obliga- tions established under this section by November 7, 1988, except that where structural changes in facilities are un- dertaken, such changes shall be made by September 6, 1991, but in any event as expeditiously as possible. (d) Transition plan. In the event that structural changes to facilities will be undertaken to achieve program acces- sibility, the agency shall develop, by March 6, 1989, a transition plan setting forth the steps necessary to complete such changes. The agency shall provide an opportunity to interested persons, including individuals with handicaps or organizations representing individuals with handicaps, to participate in the development of the transition plan by submitting comments (both oral and written). A copy of the transition plan shall be made available for public in- spection. The plan shall, at a min- imum- (1) Identify physical obstacles in the agency's facilities that limit the acces- sibility of its programs or activities to individuals with handicaps; (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 compli- ance with this section and, if the time period of the transition plan is longer than one year, identify steps that will be taken during each year of the tran- sition period; and (4) Indicate the official responsible for implementation of the plan. \365 102.151 Program accessibility: New construction and alterations. Each building or part of a building that is constructed or altered by, on behalf of, or for the use of the agency shall be designed, constructed, or al- tered so as to be readily accessible to and usable by individuals with handi- caps. The definitions, requirements, and standards of the Architectural Bar- riers Act (42 U.S.C. 4151-4157), as estab- lished in 41 CFl\177 101-19.600 to 101-19.607, 421

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