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Last revision: April 5, 1993
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,
(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 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 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)