§12204 — Title 42 The Public Health and Welfare | U.S. Code

Summary

The Architectural and Transportation Barriers Compliance Board must issue minimum supplemental guidelines within 9 months after July 26, 1990. Those new rules will add to the existing accessibility design rules for subchapters II and III and must make sure buildings, facilities, rail passenger cars, and vehicles are accessible in design, transportation, and communication for people with disabilities. The supplemental rules must include procedures for changes that could harm the historic character of qualified historic buildings (see Uniform Federal Accessibility Standards 4.1.7(1)(a)). For places eligible for the National Register, the rules must at least keep the procedures in UFAS 4.1.7(1) and (2). For State or local historic places, the rules must match UFAS 4.1.7(1)(b) and (c) and must at minimum meet UFAS 4.1.7(2).

Title 42, §12204

The Public Health and Welfare — Source: USLM XML via OLRC

(a)Not later than 9 months after July 26, 1990, the Architectural and Transportation Barriers Compliance Board shall issue minimum guidelines that shall supplement the existing Minimum Guidelines and Requirements for Accessible Design for purposes of subchapters II and III of this chapter.

(b)The supplemental guidelines issued under subsection (a) shall establish additional requirements, consistent with this chapter, to ensure that buildings, facilities, rail passenger cars, and vehicles are accessible, in terms of architecture and design, transportation, and communication, to individuals with disabilities.

(c)(1)The supplemental guidelines issued under subsection (a) shall include procedures and requirements for alterations that will threaten or destroy the historic significance of qualified historic buildings and facilities as defined in 4.1.7(1)(a) of the Uniform Federal Accessibility Standards.

(2)With respect to alterations of buildings or facilities that are eligible for listing in the National Register of Historic Places under division A of subtitle III of title 54, the guidelines described in paragraph (1) shall, at a minimum, maintain the procedures and requirements established in 4.1.7(1) and (2) of the Uniform Federal Accessibility Standards.

(3)With respect to alterations of buildings or facilities designated as historic under State or local law, the guidelines described in paragraph (1) shall establish procedures equivalent to those established by 4.1.7(1)(b) and (c) of the Uniform Federal Accessibility Standards, and shall require, at a minimum, compliance with the requirements established in 4.1.7(2) of such standards.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a) and (b), was in the original “this Act”, meaning Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 12101 of this title and Tables.

Amendments

2014—Subsec. (c)(2). Pub. L. 113–287 substituted “division A of subtitle III of title 54” for “the National Historic Preservation Act (16 U.S.C. 470 et seq.)”.

§12204 Regulations by Architectural and Transportation Barriers Compliance Board