[Code of Federal Regulations]
[Title 28, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR35.151]

[Page 526]
 
                    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 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]