24 CFR Part 8 Nondiscrimination on the Basis of Disability in Federally Assisted Programs and Activities - Notice: Instructions for use of alternative accessibility standard
Appendix to May 23, 2014 Document
Exceptions to the 2010 Standards
This table is provided for HUD recipients that elect to use the 2010 Standards under title II of the Americans with Disabilities Act (ADA) as an alternative accessibility standard to UFAS for purposes of complying with Section 504 until HUD formally revises its Section 504 regulation. Please note that, for purposes of Section 504 compliance, the 2010 Standards may be used with the following exceptions.
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Provisions in 2010 standards not deemed as equivalent alternatives to UFAS |
Provisions HUD recipients must comply with for purposes of section 504 compliance |
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1. Section 35.151(a)(2) Exception for structural impracticability |
2010 Standards at Section 35.151 without Section 35.151(a)(2) and (b) (see below) and HUD’s Section 504 regulation at 24 CFR § 8.4(b)(5). |
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2. Section 35.151(b) Alterations |
HUD’s Section 504 regulation at 24 CFR §§ 8.20, 8.21, 8.22, 8.23, 8.24, 8.25, 8.26 and UFAS 4.1.6. |
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3. Section 202.2 Additions |
HUD’s Section 504 regulation at 24 CFR §§ 8.20, 8.21, 8.22, 8.23, 8.24, 8.25, 8.26 and UFAS 4.1.5. |
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4. Exception to Section 202.4 Alterations Affecting Primary Function Areas. |
2010 Standards at Section 202.4 without the Exception and HUD’s Section 504 regulation at 24 CFR §§ 8.20, 8.21, 8.22, 8.23, 8.24, 8.25, and 8.26. |
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5. Section 203.8 General Exceptions—Residential Facilities |
2010 Standards without Section 203.8 and HUD’s Section 504 regulation at 24 CFR §§ 8.20, 8.21, 8.22, 8.23, 8.24, 8.25, and 8.26. |
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6. Employee Work Areas: Sections 203.9 (General exception for employee work areas), 206.2.8 (Circulation paths in employee work areas), and the Exceptions to 403.5 (Clearances within employee work areas) and 405.8 (Handrails within employee work areas). |
2010 Standards without these provisions; Note that HUD is permitting use of Section 215.3 (Fire Alarm Systems in Employee Work Areas). |
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7. Exception 2 to Section 206.2.1 Site Arrival Points |
2010 Standards at Section 206.2.1 without Exception 2. |
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8. Exception to Section 206.2.2 Within a Site |
2010 Standards at Section 206.2.2 without the Exception. |
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9. Exception 1 to Section 206.2.3 Multi-Story Buildings and Facilities |
2010 Standards at Section 206.2.3 without Exception 1. |
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10. Section 214—Scoping of Washing Machines and Clothes Dryers |
HUD’s Section 504 regulation and UFAS 4.34.7 Laundry Facilities. HUD recipients should also be aware that, when washing machines and clothes dryers are provided in individual dwelling units, front loading accessible washing machines and clothes dryers may be required in accessible dwelling units as a reasonable accommodation for individuals with disabilities. |
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11. Exception to Section 215.1 Visible Alarms |
2010 Standards at Section 215 without the Exception to Section 215.1 and HUD’s Section 504 regulation at 24 CFR 8.20, 8.21, 8.22, 8.23, 8.24, 8.25, and 8.26. |
The option to use the 2010 Standards under title II of the ADA, with identified exceptions, is available to all HUD recipients for purposes of complying with Section 504. HUD recipients must designate the accessibility standard they are using: The 2010 Standards with the identified exceptions outlined in this May 23, 2014 Notice, or UFAS. If HUD recipients choose to use the 2010 Standards, they must apply the 2010 Standards, with the identified exceptions, to the entire project. This option applies until HUD revises its Section 504 regulation to adopt an updated accessibility standard. This table provides a summary. Additional explanatory information is provided in other parts of the May 23, 2014 document.
[FR Doc. 2014–11844 Filed 5–22–14; 8:45 am]
BILLING CODE 4210–67–P
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