ABA Accessibility Standard for GSA Facilities Pocket Guide
F103 Modifications and Waivers
The Architectural Barriers Act authorizes the Administrator of the General Services Administration, the Secretary of the Department of Housing and Urban Development, the Secretary of the Department of Defense, and the United States Postal Service to modify or waive the accessibility standards for buildings and facilities covered by the Architectural Barriers Act on a case-by-case basis, upon application made by the head of the department, agency, or instrumentality of the United States concerned. The General Services Administration, the Department of Housing and Urban Development, the Department of Defense, and the United States Postal Service may grant a modification or waiver only upon a determination that it is clearly necessary. Section 502(b)(1) of the Rehabilitation Act of 1973 authorizes the Access Board to ensure that modifications and waivers are based on findings of fact and are not inconsistent with the Architectural Barriers Act.
Advisory F103 Modifications and Waivers. The provisions for modifications and waivers differ from the requirement issued under the Americans with Disabilities Act in that "equivalent facilitation" does not apply. There is a formal procedure for Federal agencies to request a waiver or modification of applicable standards under the Architectural Barriers Act.
(a) The head of each Federal agency must ensure that documentation is maintained on each contract, grant or loan for the design, construction or alteration of a facility and on each lease for a facility subject to the standards in Sec. 102-76.65(a) containing one of the following statements:
(1) The standards have been or will be incorporated in the design, the construction or the alteration.
(2) The grant or loan has been or will be made subject to a requirement that the standards will be incorporated in the design, the construction or the alteration.
(3) The leased facility meets the standards, or has been or will be altered to meet the standards.
(4) The standards have been waived or modified by the Administrator of General Services, and a copy of the waiver or modification is included with the statement.
(b) If a determination is made that a facility is not subject to the standards in Sec. 102-76.65(a) because the Architectural Barriers Act does not apply to the facility, the head of the Federal agency must ensure that documentation is maintained to justify the determination.
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