17.150—Program accessibility; Existing facilities.
(a) General.
The agency shall
operate each program or activity so that the
program or activity, when viewed in its entirety,
is readily accessible to and usable by individuals
with handicaps. This paragraph does not require
the agency—
(1)
To make structural alterations in each of
its existing facilities in order to make them
accessible to and usable by individuals with
handicaps where other methods are effective in
achieving compliance with this section; or
(2)
To take any action that it can demonstrate
would result in a fundamental alteration in the
nature of a program or activity or in undue
financial and administrative burdens. In those
circumstances where agency personnel believe that
the proposed action would fundamentally alter the
program or activity or would result in undue
financial and administrative burdens, the agency
has the burden of proving that compliance with the
§ 17.150(a) would result in such alteration or
burdens. The decision that compliance would result
in such alteration or burdens must be made by the
agency head or his or her designee after
considering all agency resources available for use
in the funding and operation of the conducted
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, the agency shall take
any other action that would not result in such an
alteration or such burdens but would nevertheless
ensure that individuals with
handicaps receive the benefits and services of the
program or activity.
(b) Methods.
The agency 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 any other methods that result in
making its programs or activities readily
accessible to and usable by individuals with
handicaps. The agency, in making alterations to
existing buildings, shall meet accessibility
requirements to the extent compelled by the
Architectural Barriers Act of 1968, as amended (42
U.S.C. 4151-415 7), and any regulations
implementing it. In choosing among available
methods for meeting the requirements of this
section, the agency shall give priority to those
methods that offer programs and activities to
qualified individuals with handicaps in the most
integrated setting appropriate.
(c) Time period for compliance.
The agency shall comply with the obligations
established under this section within sixty (60)
days of the effective date of this part except
that where structural changes in facilities are
undertaken, such changes in facilities are
undertaken, such changes shall be made within
three years of the effective date of this part,
but in any event as expeditiously as possible.
(d) Transition plan.
In the event
that structural changes to facilities will be
undertaken to achieve program accessibility, the
agency shall develop within six months of the
effective date of this part, a transition plan
setting forth the steps necessary to complete such
changes. The agency shall provide an opportunity
to interested persons, including individuals with
handicaps or organizations representing
individuals with handicaps, to participate in the
development of the transition plan by submitting
comments (both telephonic and written). A copy of
the transition plan shall be made available for
public inspection. The plan shall at a
minimum—
(1)
Identify physical obstacles in the agency's
facilities that limit the physical accessibility
of its programs or activities to individuals with
handicaps;
(3)
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