28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) (published 2008)
(2) Safe harbor. If a public entity has constructed or altered elements in an existing facility in accordance with the specifications in either the 1991 Standards or the Uniform Federal Accessibility Standard, such public entity is not, solely because of the Department's adoption of the proposed standards, required to retrofit such elements to reflect incremental changes in the proposed standards.
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