US (United States) Code. Title 42. Chapter 51: Design and construction of public buildings

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # The Public Health and Welfare. Accommodate physically handicapped

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-CITE-

42 USC CHAPTER 51 - DESIGN AND CONSTRUCTION OF PUBLIC

BUILDINGS TO ACCOMMODATE PHYSICALLY

HANDICAPPED 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 51 - DESIGN AND CONSTRUCTION OF PUBLIC BUILDINGS TO

ACCOMMODATE PHYSICALLY HANDICAPPED

-HEAD-

CHAPTER 51 - DESIGN AND CONSTRUCTION OF PUBLIC BUILDINGS TO

ACCOMMODATE PHYSICALLY HANDICAPPED

-MISC1-

Sec.

4151. "Building" defined.

4152. Standards for design, construction, and alteration of

buildings; Administrator of General Services.

4153. Standards for design, construction, and alteration of

buildings; Secretary of Housing and Urban

Development.

4154. Standards for design, construction, and alteration of

buildings; Secretary of Defense.

4154a. Standards for design, construction, and alteration of

buildings; United States Postal Service.

4155. Effective date of standards.

4156. Waiver and modification of standards.

4157. Omitted.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 6705 of this title; title

29 sections 721, 792; title 39 section 410.

-End-

-CITE-

42 USC Sec. 4151 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 51 - DESIGN AND CONSTRUCTION OF PUBLIC BUILDINGS TO

ACCOMMODATE PHYSICALLY HANDICAPPED

-HEAD-

Sec. 4151. "Building" defined

-STATUTE-

As used in this chapter, the term "building" means any building

or facility (other than (A) a privately owned residential structure

not leased by the Government for subsidized housing programs and

(B) any building or facility on a military installation designed

and constructed primarily for use by able bodied military

personnel) the intended use for which either will require that such

building or facility be accessible to the public, or may result in

the employment or residence therein of physically handicapped

persons, which building or facility is -

(1) to be constructed or altered by or on behalf of the United

States;

(2) to be leased in whole or in part by the United States after

August 12, 1968;

(3) to be financed in whole or in part by a grant or a loan

made by the United States after August 12, 1968, if such building

or facility is subject to standards for design, construction, or

alteration issued under authority of the law authorizing such

grant or loan; or

(4) to be constructed under authority of the National Capital

Transportation Act of 1960, the National Capital Transportation

Act of 1965, or title III of the Washington Metropolitan Area

Transit Regulation Compact.

-SOURCE-

(Pub. L. 90-480, Sec. 1, Aug. 12, 1968, 82 Stat. 718; Pub. L.

91-205, Mar. 5, 1970, 84 Stat. 49; Pub. L. 94-541, title II, Sec.

201(1), Oct. 18, 1976, 90 Stat. 2507.)

-REFTEXT-

REFERENCES IN TEXT

The National Capital Transportation Act of 1960, referred to in

par. (4), is Pub. L. 86-669, July 14, 1960, 74 Stat. 537, which

enacted sections 651, 652, 661 to 665, and 671 of former Title 40,

Public Buildings, Property, and Works, and enacted provisions set

out as notes under section 651 of former Title 40 and which was

repealed by Pub. L. 91-143, Sec. 8(a)(1), Dec. 9, 1969, 83 Stat.

322.

The National Capital Transportation Act of 1965, referred to in

par. (4), is Pub. L. 89-173, Sept. 8, 1965, 79 Stat. 663, as

amended. Section 1 of the Act, which was classified to a note under

section 681 of former Title 40, Public Buildings, Property, and

Works, was repealed by Pub. L. 107-217, Sec. 6(b), Aug. 21, 2002,

116 Stat. 1304. Section 2 of the Act, which was classified to

section 681 of former Title 40, has been omitted from the Code.

Sections 3 and 4 of the Act, which were classified to sections 682

and 683, respectively, of former Title 40, were repealed by Pub. L.

91-143, Sec. 8(a)(2), Dec. 9, 1969, 83 Stat. 323. Sections 5(a) (no

subsec. (b) was enacted) and 6 of the Act, which were classified to

sections 684 and 685, respectively, of former Title 40, were

repealed by Pub. L. 107-217, Sec. 6(b), Aug. 21, 2002, 116 Stat.

1304. Section 7 of the Act amended provisions classified to section

662 of former Title 40, which was repealed by Pub. L. 89-774, Sec.

5(b), Nov. 6, 1966, 80 Stat. 1353. Section 8 of the Act, which was

classified to a note under section 681 of former Title 40, has been

omitted from the Code.

-MISC1-

AMENDMENTS

1976 - Pub. L. 94-541 inserted in parenthetical text "not leased

by the Government for subsidized housing programs" after

"structure" and struck out from par. (2) ", after construction or

alteration in accordance with plans and specifications of the

United States" after "August 12, 1968".

1970 - Par. (4). Pub. L. 91-205 added par. (4).

SHORT TITLE

Pub. L. 90-480, Aug. 12, 1968, 82 Stat. 718, which enacted this

chapter, is popularly known as the "Architectural Barriers Act of

1968".

APPLICABILITY OF 1976 AMENDMENT TO LEASES ENTERED INTO BEFORE, ON,

OR AFTER JANUARY 1, 1977

Section 202 of Pub. L. 94-541 provided that: "The amendment made

by paragraph (1) of section 201 of this Act [amending this section]

shall not apply to any lease entered into before January 1, 1977.

It shall apply to every lease entered into on or after January 1,

1977, including any renewal of a lease entered into before such

date which renewal is on or after such date."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 3 section 421.

-End-

-CITE-

42 USC Sec. 4152 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 51 - DESIGN AND CONSTRUCTION OF PUBLIC BUILDINGS TO

ACCOMMODATE PHYSICALLY HANDICAPPED

-HEAD-

Sec. 4152. Standards for design, construction, and alteration of

buildings; Administrator of General Services

-STATUTE-

The Administrator of General Services, in consultation with the

Secretary of Health and Human Services, shall prescribe standards

for the design, construction, and alteration of buildings (other

than residential structures subject to this chapter and buildings,

structures, and facilities of the Department of Defense and of the

United States Postal Service subject to this chapter) to insure

whenever possible that physically handicapped persons will have

ready access to, and use of, such buildings.

-SOURCE-

(Pub. L. 90-480, Sec. 2, Aug. 12, 1968, 82 Stat. 719; Pub. L.

94-541, title II, Sec. 201(2), Oct. 18, 1976, 90 Stat. 2507; Pub.

L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)

-MISC1-

AMENDMENTS

1976 - Pub. L. 94-541 substituted "shall prescribe" and "to

insure whenever possible" for "is authorized to prescribe such" and

"as may be necessary to insure", respectively, and inserted in

parenthetical text "and of the United States Postal Service" after

"Department of Defense".

-CHANGE-

CHANGE OF NAME

"Secretary of Health and Human Services" substituted in text for

"Secretary of Health, Education, and Welfare" pursuant to section

509(b) of Pub. L. 96-88, which is classified to section 3508(b) of

Title 20, Education.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4156 of this title; title

3 section 421.

-End-

-CITE-

42 USC Sec. 4153 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 51 - DESIGN AND CONSTRUCTION OF PUBLIC BUILDINGS TO

ACCOMMODATE PHYSICALLY HANDICAPPED

-HEAD-

Sec. 4153. Standards for design, construction, and alteration of

buildings; Secretary of Housing and Urban Development

-STATUTE-

The Secretary of Housing and Urban Development, in consultation

with the Secretary of Health and Human Services, shall prescribe

standards for the design, construction, and alteration of buildings

which are residential structures subject to this chapter to insure

whenever possible that physically handicapped persons will have

ready access to, and use of, such buildings.

-SOURCE-

(Pub. L. 90-480, Sec. 3, Aug. 12, 1968, 82 Stat. 719; Pub. L.

94-541, title II, Sec. 201(3), Oct. 18, 1976, 90 Stat. 2507; Pub.

L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)

-MISC1-

AMENDMENTS

1976 - Pub. L. 94-541 substituted "shall prescribe" and "to

insure whenever possible" for "is authorized to prescribe such" and

"as may be necessary to insure", respectively.

-CHANGE-

CHANGE OF NAME

"Secretary of Health and Human Services" substituted in text for

"Secretary of Health, Education, and Welfare" pursuant to section

509(b) of Pub. L. 96-88, which is classified to section 3508(b) of

Title 20, Education.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4156 of this title; title

3 section 421.

-End-

-CITE-

42 USC Sec. 4154 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 51 - DESIGN AND CONSTRUCTION OF PUBLIC BUILDINGS TO

ACCOMMODATE PHYSICALLY HANDICAPPED

-HEAD-

Sec. 4154. Standards for design, construction, and alteration of

buildings; Secretary of Defense

-STATUTE-

The Secretary of Defense, in consultation with the Secretary of

Health and Human Services, shall prescribe standards for the

design, construction, and alteration of buildings, structures, and

facilities of the Department of Defense subject to this chapter to

insure whenever possible that physically handicapped persons will

have ready access to, and use of, such buildings.

-SOURCE-

(Pub. L. 90-480, Sec. 4, Aug. 12, 1968, 82 Stat. 719; Pub. L.

94-541, title II, Sec. 201(4), Oct. 18, 1976, 90 Stat. 2507; Pub.

L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)

-MISC1-

AMENDMENTS

1976 - Pub. L. 94-541 substituted "shall prescribe" and "to

insure whenever possible" for "is authorized to prescribe such" and

"as may be necessary to insure", respectively.

-CHANGE-

CHANGE OF NAME

"Secretary of Health and Human Services" substituted in text for

"Secretary of Health, Education, and Welfare" pursuant to section

509(b) of Pub. L. 96-88, which is classified to section 3508(b) of

Title 20, Education.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4156 of this title.

-End-

-CITE-

42 USC Sec. 4154a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 51 - DESIGN AND CONSTRUCTION OF PUBLIC BUILDINGS TO

ACCOMMODATE PHYSICALLY HANDICAPPED

-HEAD-

Sec. 4154a. Standards for design, construction, and alteration of

buildings; United States Postal Service

-STATUTE-

The United States Postal Service, in consultation with the

Secretary of Health and Human Services, shall prescribe such

standards for the design, construction, and alteration of its

buildings to insure whenever possible that physically handicapped

persons will have ready access to, and use of, such buildings.

-SOURCE-

(Pub. L. 90-480, Sec. 4a, as added Pub. L. 94-541, title II, Sec.

201(5), Oct. 18, 1976, 90 Stat. 2508; amended Pub. L. 96-88, title

V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)

-CHANGE-

CHANGE OF NAME

"Secretary of Health and Human Services" substituted in text for

"Secretary of Health, Education, and Welfare" pursuant to section

509(b) of Pub. L. 96-88, which is classified to section 3508(b) of

Title 20, Education.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4156 of this title.

-End-

-CITE-

42 USC Sec. 4155 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 51 - DESIGN AND CONSTRUCTION OF PUBLIC BUILDINGS TO

ACCOMMODATE PHYSICALLY HANDICAPPED

-HEAD-

Sec. 4155. Effective date of standards

-STATUTE-

Every building designed, constructed, or altered after the

effective date of a standard issued under this chapter which is

applicable to such building, shall be designed, constructed, or

altered in accordance with such standard.

-SOURCE-

(Pub. L. 90-480, Sec. 5, Aug. 12, 1968, 82 Stat. 719.)

-End-

-CITE-

42 USC Sec. 4156 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 51 - DESIGN AND CONSTRUCTION OF PUBLIC BUILDINGS TO

ACCOMMODATE PHYSICALLY HANDICAPPED

-HEAD-

Sec. 4156. Waiver and modification of standards

-STATUTE-

The Administrator of General Services, with respect to standards

issued under section 4152 of this title, and the Secretary of

Housing and Urban Development, with respect to standards issued

under section 4153 of this title, and the Secretary of Defense with

respect to standards issued under section 4154 of this title, and

the United States Postal Service with respect to standards issued

under section 4154a of this title -

(1) is authorized to modify or waive any such standard, on a

case-by-case basis, upon application made by the head of the

department, agency, or instrumentality of the United States

concerned, and upon a determination by the Administrator or

Secretary, as the case may be, that such modification or waiver

is clearly necessary, and

(2) shall establish a system of continuing surveys and

investigations to insure compliance with such standards.

-SOURCE-

(Pub. L. 90-480, Sec. 6, Aug. 12, 1968, 82 Stat. 719; Pub. L.

94-541, title II, Sec. 201(6), Oct. 18, 1976, 90 Stat. 2508.)

-MISC1-

AMENDMENTS

1976 - Pub. L. 94-541, in introductory text, inserted reference

to the United States Postal Service with respect to standards

issued under section 4154a of this title and struck out "is

authorized" at end; in par. (1), inserted introductory words "is

authorized"; and in par. (2), substituted "shall establish a system

of continuing surveys and investigations" for "to conduct such

surveys and investigations as he deems necessary".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 3 section 421.

-End-

-CITE-

42 USC Sec. 4157 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 51 - DESIGN AND CONSTRUCTION OF PUBLIC BUILDINGS TO

ACCOMMODATE PHYSICALLY HANDICAPPED

-HEAD-

Sec. 4157. Omitted

-COD-

CODIFICATION

Section, Pub. L. 90-480, Sec. 7, as added Pub. L. 94-541, title

II, Sec. 201(7), Oct. 18, 1976, 90 Stat. 2508; amended Pub. L.

103-437, Sec. 15(n), Nov. 2, 1994, 108 Stat. 4593, which required

the Administrator of General Services to report to Congress during

the first week of January of each year on his activities and those

of other departments, agencies, and instrumentalities of the

Federal Government under this chapter during the preceding fiscal

year and required the Architectural and Transportation Barriers

Compliance Board established by section 792 of title 29 to report

to the Public Works and Transportation Committee of the House of

Representatives and the Environment and Public Works Committee of

the Senate during the first week of January of each year on its

activities and actions to insure compliance with the standards

prescribed under this chapter, terminated, effective May 15, 2000,

pursuant to section 3003 of Pub. L. 104-66, as amended, set out as

a note under section 1113 of Title 31, Money and Finance. See,

also, item 6 on page 155 and item 10 on page 173 of House Document

No. 103-7.

-End-