HUD 24 CFR PART 41-2011 POLICIES AND PROCEDURES FOR THE ENFORCEMENT OF STANDARDS AND REQUIREMENTS FOR ACCESSIBILITY BY THE PHYSICALLY HANDICAPPED《身体残疾人士可达标准和要求实施的政策和程序》.pdf

1、341 Office of the Secretary, HUD 41.4 Opportunity, U.S. Department of Hous-ing and Urban Development, Room 5230, 451 Seventh Street, SW., Wash-ington, DC 20410, telephone (202) 755 5404 (this is not a toll-free number). Hearing or speech-impaired individuals may call HUDs TDD number (202) 708 0113 o

2、r 18008778399 (Federal Informa-tion Relay Service TDD). (Other than the 800 number, these are not toll- free numbers.) 61 FR 5204, Feb. 9, 1996 PART 41POLICIES AND PROCE-DURES FOR THE ENFORCEMENT OF STANDARDS AND REQUIRE-MENTS FOR ACCESSIBILITY BY THE PHYSICALLY HANDICAPPED Sec. 41.1 Applicability.

3、41.2 Definitions. 41.3 Assurance and declaration required. 41.4 Waiver or modification of standards. 41.5 Achieving compliance. 41.6 Matters involving the Architectural and Transportation Barriers Compliance Board. AUTHORITY: Architectural Barriers Act of 1968, as amended by Pub. L. 90480, 42 U.S.C.

4、 4151 et seq. SOURCE: 44 FR 62806, Oct. 31, 1979, unless otherwise noted. 41.1 Applicability. This part sets forth policies and pro-cedures for the enforcement of stand-ards and requirements for accessibility by the physically handicapped imposed: (a) For nonresidential buildings or fa-cilities by r

5、egulations issued by the General Services Administration at subchapter D of the Federal Property Management Regulations, subpart 101 19.6Accommodations for the Phys-ically Handicapped, or (b) By regulation or contract under any other program of the Department, except a program subject only to standa

6、rds or requirements at 24 CFR part 8 imposed pursuant to section 504 of the Rehabilitation Act of 1973. The policies and procedures of this part shall apply after the effective date of these regulations to all complaints re-ceived, and/or findings of noncompli-ance made, regarding buildings or fa-ci

7、lities subject to such regulatory or contractural requirements. 41.2 Definitions. As used in this part, the term Sec-retary means the Secretary of Housing and Urban Development, or to the ex-tent of any delegation of authority by the Secretary to act under this part, any other Department Official to

8、 whom authority has been delegated. 41.3 Assurance and declaration re-quired. (a) Each Assistant Secretary shall, as a condition for approval of any con-tract or application for assistance under a program imposing standards and/or requirements for accessibility which are subject to this part, requir

9、e an assurance of compliance with those standards and requirements. Such as-surance shall be in a form acceptable to the Secretary. (b) For each project covered under this part, except a project subject to Departmental examinations and in-spections as set forth in 41.5(a), the responsible Assistant

10、Secretary shall require a declaration as to project drawings, specifications, and other con-struction documents. The declaration shall be signed by the licensed, or reg-istered, architect or engineer, or by such other responsible official as des-ignated by HUD, who has prepared such construction doc

11、uments. The declara-tion shall affirm that the proposed project, to the best knowledge and be-lief of the declarer, conforms to appli-cable accessibility design standards and requirements. The declaration statement shall be in a form acceptable to the Secretary. 41.4 Waiver or modification of stand-

12、ards. (a) The applicability of standards and requirements for accessibility by the physically handicapped may be waived or modified on a case-by-case basis upon a written request from a recipient of a Departmental grant or loan or from a Departmental agency leasing a building or facility. (b) For re

13、sidential buildings or facili-ties, a waiver or modification may be granted only by the Secretary. VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077 PO 00000 Frm 00351 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking p

14、ermitted without license from IHS-,-,-342 24 CFR Subtitle A (4111 Edition) 41.5 (c) Upon the recommendation of an Assistant Secretary, a waiver or modi-fication for nonresidential buildings or facilities may be granted only by the Administrator, General Services Ad-ministration. (d) No request for a

15、 waiver or modi-fication shall be recommended for ap-proval by an Assistant Secretary or ap-proved by the Secretary unless the fol-lowing criteria obtain: (1) The granting of the waiver or modification is based upon findings of fact, and is not inconsistent with the provisions of the Architectural B

16、ar-riers Act, and (2) Application of the requirement or standard would adversely affect the purposes of the Departmental program under which the loan or grant is being provided or for which the building or facility is being leased. (e) Requests for a waiver or modifica-tion shall be submitted to the

17、 appro-priate Assistant Secretary for review. Each request shall include: (1) The name and address of the re-questor. (2) The name and location of the in-volved building or facility. (3) Any applicable plans, drawings, specifications or other descriptions of the building or facility. (4) The standar

18、d provision or require-ment from which the requestor seeks a waiver or modification. (5) A description of the building or fa-cility as to its accessibility for the physically handicapped and how the waiving or modification of a standard or requirement would affect that acces-sibility. (6) A statemen

19、t of the facts which es-tablish that the criteria of paragraph (d) of this section would be satisfied. (7) A description of the steps taken, or to be taken, to comply with stand-ards and requirements for which a waiver or modification is not being re-quested. (8) Such other information as the re-que

20、stor or the responsible Assistant Secretary deems appropriate or nec-essary. (f) If the responsible Assistant Sec-retary finds that the criteria of para-graph (d) of this section are satisfied, then he or she shall submit the request along with his or her recommendations to the Secretary for action

21、or for refer-ral to the Administrator, General Serv-ices Administration for action. In re-viewing request for waiver and modi-fications, the Secretary shall assure consistent Department policy regard-ing the removal of architectural bar-riers and accessibility by physically handicapped persons. (g)

22、All waivers and modifications granted pursuant to this part shall have only future effect on; and are lim-ited to cases for which the request is made. 41.5 Achieving compliance. (a) Examinations and inspections. If, for any project, an Assistant Secretary requires Departmental architectural and engi

23、neering examinations of draw-ings and specifications or other con-struction documents or requires De-partmental architectural and engineer-ing inspections during or upon comple-tion of construction, those examina-tions and inspections shall include a determination of compliance with standards and re

24、quirements for accessi-bility referenced in this part. (b) Periodic compliance reviews. The Secretary, in consultation with the ap-propriate Assistant Secretary, shall conduct surveys and investigations as deemed appropriate to achieve compli-ance with standards or requirements subject to this part.

25、 (c) Complaints. Any interested person who has reason to believe that there has been noncompliance with standards or requirements subject to this part, may, by himself or herself, or by a rep-resentative, file a written complaint with the responsible Department Offi-cial or with the Architectural an

26、d Transportation Barriers Compliance Board, Washington, DC 20201. (d) Investigations. The Secretary shall, after consultation with the ap-propriate Assistant Secretary, make a prompt investigation whenever a com-pliance review, report, complaint, or any other information indicates a pos-sible failur

27、e to comply with standards or requirements subject to this part. The investigation should include a de-termination of the authority under which the standards or requirements were imposed and, where appropriate, a review of the records kept pursuant to VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077 PO

28、 00000 Frm 00352 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-343 Office of the Secretary, HUD 42.1 24 CFR 40.6; the circumstances under which the building of facility was

29、 de-signed, constructed or altered; and other factors relevant to a determina-tion as to whether there has been non-compliance with this part. (e) Resolution of matters. (1) If any ex-amination, inspection, periodic compli-ance review, complaint, or investiga-tion pursuant to this section indicates

30、a failure to comply with the applicable standards or requirements, the Sec-retary shall attempt to gain voluntary compliance whenever possible. (2) If it has been determined that vol-untary compliance cannot be achieved, the Secretary shall refer the matter to the appropriate Assistant Secretary for

31、 action pursuant to his or her program authority regarding the residential structure or other building or facility under investigation, to achieve compli-ance with the requirements subject to this part. The Assistant Secretary shall report to the Secretary within 30 days of the date of such referral

32、 regard-ing the action taken and the schedule and means of achieving compliance, ex-cept that the Secretary may specify a shorter or longer reporting period, as deeded appropriate. (f) Disposition of unresolved complaints. Unresolved complaints shall be re-ferred to the Architectural and Trans-porta

33、tion Barriers Compliance Board to be processed in accordance with 36 CFR part 1150. A complaint shall be deemed unresolved if it is not resolved within 90 days of the date of the filing of the complaint with the Department. (g) Compliance action by other individ-uals. Individuals other than the Sec-

34、retary may receive complaints and un-dertake other appropriate actions to achieve compliance with requirements subject to this part, so long as initial notification of such complaints or pro-posed actions is given both to the Sec-retary and the appropriate Assistant Secretary. 41.6 Matters involving

35、 the Architec-tural and Transportation Barriers Compliance Board. (a) Complaints. With respect to any complaint referred to the responsible Department Official by the Architec-tural and Transportation Barriers Compliance Board (A&TBCB), the pro-cedures set forth in this part shall apply. In such a c

36、ase, the Secretary shall coordinate all investigations and/ or other compliance actions to assure that the Department resolves any ar-chitectural barriers deficiencies so as to respond to the A&TBCB within its required 60-day period set forth at 36 CFR 1150.41 for the informal resolution of complain

37、ts. (b) Citations. The Office of General Counsel shall, with the assistance of the appropriate Assistant Secretary, respond to any citation issued by the A&TBCB to the Department alleging noncompliance with the standards issued pursuant to the Architectural Barriers Act of 1968, as amended. The appl

38、icable procedures regarding such a citation are set forth at 36 CFR part 1150. PART 42DISPLACEMENT, RELOCA-TION ASSISTANCE, AND REAL PROPERTY ACQUISITION FOR HUD AND HUD-ASSISTED PRO-GRAMS Subpart AGeneral Sec. 42.1 Applicable rules. Subpart B Reserved Subpart CRequirements Under Section 104(d) of H

39、ousing and Community De-velopment Act of 1974 42.301 Applicability. 42.305 Definitions. 42.325 Residential antidisplacement and re-location assistance plan. 42.350 Relocation assistance for displaced persons. 42.375 One-for-one replacement of lower-in-come dwelling units. 42.390 Appeals. AUTHORITY:

40、42 U.S.C. 3535(d), 4601, 5304, and 12705(b). SOURCE: 61 FR 51757, Oct. 3, 1996, unless otherwise noted. Subpart AGeneral 42.1 Applicable rules. (a) URA. HUD-assisted programs and projects are subject to the Uniform Re-location Assistance and Real Property Acquisition Policies Act of 1970, 42 VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077 PO 00000 Frm 00353 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-