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Last revision: April 5, 1993
35.150 Existing facilities.
(a) General. A public entity shall operate each service, program,
or activity so that the service, program, or activity, when viewed in
its entirety, is readily accessible to and usable by individuals with
disabilities. This paragraph does not --
(1) Necessarily require a public entity to make each of its
existing facilities accessible to and usable by individuals with
disabilities;
(2) Require a public entity to take any action that would threaten
or destroy the historic significance of an historic property; or
(3) Require a public entity to take any action that it can
demonstrate would result in a fundamental alteration in the nature of
a service, program, or activity or in undue financial and
administrative burdens. In those circumstances where personnel of the
public entity believe that the proposed action would fundamentally
alter the service, program, or activity or would result in undue
financial and administrative burdens, a public entity has the burden
of proving that compliance with 35.150(a) of this part would result
in such alteration or burdens. The decision that compliance would
result in such alteration or burdens must be made by the head of a
public entity or his or her designee after considering all resources
available for use in the funding and operation of the service,
program, or activity, and must be accompanied by a written statement
of the reasons for reaching that conclusion. If an action would
result in such an alteration or such burdens, a public entity shall
take any other action that would not result in such an alteration or
such burdens but would nevertheless ensure that individuals with
disabilities receive the benefits or services provided by the public
entity.
(b) Methods -- (1) General. A public entity may comply with the
requirements of this section through such means as redesign of
equipment, reassignment of services to accessible buildings,
assignment of aides to beneficiaries, home visits, delivery of
services at alternate accessible sites, alteration of existing
facilities and construction of new facilities, use of accessible
rolling stock or other conveyances, or any other methods that result
in making its services, programs, or activities readily accessible to
and usable by individuals with disabilities. A public entity is not
required to make structural changes in existing facilities where other
methods are effective in achieving compliance with this section. A
public entity, in making alterations to existing buildings, shall meet
the accessibility requirements of 35.151. In choosing among available
methods for meeting the requirements of this section, a public entity
shall give priority to those methods that offer services, programs,
and activities to qualified individuals with disabilities in the most
integrated setting appropriate.
(2) Historic preservation programs. In meeting the requirements
of 35.150(a) in historic preservation programs, a public entity shall
give priority to methods that provide physical access to individuals
with disabilities. In cases where a physical alteration to an
historic property is not required because of paragraph (a)(2) or
(a)(3) of this section, alternative methods of achieving program
accessibility include --
(i) Using audio-visual materials and devices to depict those
portions of an historic property that cannot otherwise be made
accessible;
(ii) Assigning persons to guide individuals with handicaps into or
through portions of historic properties that cannot otherwise be made
accessible; or
(iii) Adopting other innovative methods.
(c) Time period for compliance. Where structural changes in
facilities are undertaken to comply with the obligations established
under this section, such changes shall be made within three years of
January 26, 1992, but in any event as expeditiously as possible.
(d) Transition plan. (1) In the event that structural changes to
facilities will be undertaken to achieve program accessibility, a
public entity that employs 50 or more persons shall develop, within
six months of January 26, 1992, a transition plan setting forth the
steps necessary to complete such changes. A public entity shall
provide an opportunity to interested persons, including individuals
with disabilities or organizations representing individuals with
disabilities, to participate in the development of the transition plan
by submitting comments. A copy of the transition plan shall be made
available for public inspection.
(2) If a public entity has responsibility or authority over
streets, roads, or walkways, its transition plan shall include a
schedule for providing curb ramps or other sloped areas where
pedestrian walks cross curbs, giving priority to walkways serving
entities covered by the Act, including State and local government
offices and facilities, transportation, places of public
accommodation, and employers, followed by walkways serving other
areas.
(3) The plan shall, at a minimum --
(i) Identify physical obstacles in the public entity's facilities
that limit the accessibility of its programs or activities to
individuals with disabilities;
(ii) Describe in detail the methods that will be used to make the
facilities accessible;
(iii) Specify the schedule for taking the steps necessary to
achieve compliance 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 transition period; and
(iv) Indicate the official responsible for implementation of the
plan.
(4) If a public entity has already complied with the transition
plan requirement of a Federal agency regulation implementing section
504 of the Rehabilitation Act of 1973, then the requirements of this
paragraph (d) shall apply only to those policies and practices that
were not included in the previous transition plan.
(Approved by the Office of Management and Budget under control
number 1190-0004)
(56 FR 35716, July 26, 1991, as amended by Order No. 1694-93, 58
FR 17521, Apr. 5, 1993)