[Code of Federal Regulations]

[Title 28, Volume 1]

[Revised as of July 1, 2005]

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

[CITE: 28CFR35.151]



[Page 529-530]

 

                    TITLE 28--JUDICIAL ADMINISTRATION

 

                    CHAPTER I--DEPARTMENT OF JUSTICE

 

PART 35_NONDISCRIMINATION ON THE BASIS OF DISABILITY IN STATE AND 

LOCAL GOVERNMENT SERVICES--Table of Contents

 

                     Subpart D_Program Accessibility

 

Sec. 35.151  New construction and alterations.



    (a) Design and construction. Each facility or part of a facility 

constructed by, on behalf of, or for the use of a public entity shall be 

designed and constructed in such manner that the facility or part of the 

facility is readily accessible to and usable by individuals with 

disabilities, if the construction was commenced after January 26, 1992.

    (b) Alteration. Each facility or part of a facility altered by, on 

behalf of, or for the use of a public entity 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 individuals with disabilities, if the alteration was commenced after 

January 26, 1992.

    (c) Accessibility standards. Design, construction, or alteration of 

facilities in conformance with the Uniform Federal Accessibility 

Standards (UFAS) (appendix A to 41 CFR part 101-19.6) or



[[Page 530]]



with the Americans with Disabilities Act Accessibility Guidelines for 

Buildings and Facilities (ADAAG) (appendix A to 28 CFR part 36) shall be 

deemed to comply with the requirements of this section with respect to 

those facilities, except that the elevator exemption contained at 

section 4.1.3(5) and section 4.1.6(1)(k) of ADAAG shall not apply. 

Departures from particular requirements of either standard by the use of 

other methods shall be permitted when it is clearly evident that 

equivalent access to the facility or part of the facility is thereby 

provided.

    (d) Alterations: Historic properties. (1) Alterations to historic 

properties shall comply, to the maximum extent feasible, with section 

4.1.7 of UFAS or section 4.1.7 of ADAAG.

    (2) If it is not feasible to provide physical access to an historic 

property in a manner that will not threaten or destroy the historic 

significance of the building or facility, alternative methods of access 

shall be provided pursuant to the requirements of Sec. 35.150.

    (e) Curb ramps. (1) Newly constructed or altered streets, roads, and 

highways must contain curb ramps or other sloped areas at any 

intersection having curbs or other barriers to entry from a street level 

pedestrian walkway.

    (2) Newly constructed or altered street level pedestrian walkways 

must contain curb ramps or other sloped areas at intersections to 

streets, roads, or highways.



[56 FR 35716, July 26, 1991, as amended by Order No. 1694-93, 58 FR 

17521, Apr. 5, 1993]