24 CFR Part 8 Nondiscrimination on the Basis of Disability in Federally Assisted Programs and Activities - Notice: Instructions for use of alternative accessibility standard
Vehicular Route Exceptions—Sections 206.2.1 and 206.2.2 of the 2010 Standards
The 2010 Standards contain an exception for accessibility at site arrival points which provides that an ‘‘accessible route shall not be required between site arrival points and the building or facility entrance if the only means of access between them is a vehicular way not providing pedestrian access’’ (Section 206.2.1 Site Arrival Points, Exception 2). The 2010 Standards also contain an exception for accessibility within a site which provides that an ‘‘accessible route shall not be required between accessible buildings, accessible facilities, accessible elements, and accessible spaces if the only means of access between them is a vehicular way not providing pedestrian access’’ (Section 206.2.2 Within a Site, Exception). Neither exception is in UFAS,19 which requires pedestrian access routes, and both conflict with HUD’s Section 504 regulation, which requires that all programs and activities receiving Federal funds be readily accessible to and usable by persons with disabilities, as well as the requirements of the FHAct and HUD’s Fair Housing Accessibility Guidelines. Accordingly, HUD is not permitting the use of Exception 2 to Section 206.2.1 Site Arrival Points, and the Exception to Section 206.2.2 Within a Site.
19 See, e.g., UFAS, Section 4.1.1(1): At least one accessible route complying with 4.3 shall be provided within the boundary of the site from public transportation stops, accessible parking spaces, passenger loading zones if provided, and public streets or sidewalks to an accessible building entrance. UFAS, Section 4.1.1(2): At least one accessible route complying with 4.3 shall connect accessible buildings, facilities, elements, and spaces that are on the same site. See also, UFAS, Section 4.3 Accessible Route.
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