42 U.S.C. § 12204: Regulations by Architectural…

Summary

The Architectural and Transportation Barriers Compliance Board must, no later than 9 months after July 26, 1990, create minimum supplemental guidelines to add to the existing Minimum Guidelines and Requirements for Accessible Design for subchapters II and III. The new guidelines must add rules, consistent with the law, so buildings, facilities, rail passenger cars, and vehicles are accessible in their design, transportation, and communication for people with disabilities. The guidelines must also set rules for changes to qualified historic buildings and facilities that could harm their historic value (as defined in 4.1.7(1)(a) of the Uniform Federal Accessibility Standards). For places eligible for the National Register, the guidelines must at least keep the procedures in 4.1.7(1) and (2) of UFAS. For historic sites under state or local law, the guidelines must follow procedures like 4.1.7(1)(b) and (c) of UFAS and meet the requirements in 4.1.7(2) of UFAS.

Title 42, §12204

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

(a)Issuance of guidelines

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)Contents of guidelines

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)Qualified historic properties

(1)In general

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)Sites eligible for listing in National Register

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)Other sites

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