[Code of Federal Regulations]

[Title 36, Volume 3]

[Revised as of July 1, 2005]

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

[CITE: 36CFR1150.2]



[Page 276-277]

 

              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY

 

 CHAPTER XI--ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD

 

PART 1150_PRACTICE AND PROCEDURES FOR COMPLIANCE HEARINGS--Table of 

Contents

 

                      Subpart A_General Information

 

Sec. 1150.2  Applicability: Buildings and facilities subject to 

guidelines and standards.



    (a) Definitions. As used in this section, the term:

    Constructed or altered on behalf of the United States means acquired 

by the United States through lease-purchase arrangement, constructed or 

altered for purchase by the United States, or constructed or altered for 

the use of the United States.

    Primarily for use by able-bodied military personnel means expected 

to be occupied, used, or visited principally by military service 

personnel. Examples of buildings so intended are barracks, officers' 

quarters, and closed messes.

    Privately owned residential structure means a single or multi-family 

dwelling not owned by a unit or sub unit of Federal, state, or local 

government.

    (b) Buildings and facilities covered. Except as provided in 

paragraph (c) of this section, the standards issued under the 

Architectural Barriers Act of 1968, Pub. L. 90-480, as amended, 42 

U.S.C. 4151 et seq. (including standards of the United States Postal 

Service) apply to any building or facility--

    (1) The intended use for which either--

    (i) Will require that such building or facility be accessible to the 

public, or

    (ii) May result in employment or residence therein of physically 

handicapped persons; and



[[Page 277]]



    (2) Which is--

    (i) To be constructed or altered by or on behalf of the United 

States;

    (ii) To be leased in whole or in part by the United States--

    (A) After August 12, 1968, and before January 1, 1977, after 

construction or alteration in accordance with plans and specifications 

of the United States; or

    (B) On or after January 1, 1977, including any renewal of a lease 

entered into before January 1, 1977, which renewal is on or after such 

date;

    (iii) To be financed in whole or in part by a grant or loan made by 

the United States after August 12, 1968, if the building or facility may 

be subject to standards for design, construction, or alteration issued 

under the law authorizing the grant or loan; or

    (iv) To be 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.

    (c) Buildings and facilities not covered. The standards do not apply 

to--

    (1) Any privately owned residential structure, unless it is leased 

by the Federal government on or after January 1, 1977, for subsidized 

housing programs; or

    (2) Any building or facility on a military installation designed and 

constructed primarily for use by military personnel.

    (d) Any covered building or facility, as provided in this section, 

which is designed, constructed, or altered after the effective date of a 

standard issued which is applicable to the building or facility, shall 

be designed, constructed, altered, or leased in accordance with the 

standard. For purposes of this section, any design, construction, 

alteration or lease for which bids or offers are received before the 

effective date of an applicable standard, in response to an invitation 

for bids or request for proposals, is not subject to that standard.