**§18.422 Existing facilities.**

\(a\) *Accessibility*. A recipient shall operate each program or
activity to which this part applies so that when each part is viewed in
its entirety it is readily accessible to handicapped persons. This
paragraph does not require a recipient to make each of its existing
facilities or every part of a facility accessible to and usable by
handicapped persons.

\(b\) *Methods.* A recipient may comply with the requirement of
paragraph (a) of this section through such measures as redesign of
equipment, reassignment of classes or other services to accessible
buildings, assignment of aids to beneficiaries, home visits, delivery of
health, or other social services at alternate accessible sites,
alteration of existing facilities and construction of new facilities in
conformance with §18.423 or any other methods that make its program or
activity accessible to handicapped persons. A recipient is not required
to make structural changes in existing facilities where other methods
are effective in making its programs or activities readily accessible to
handicapped persons. In choosing among available methods for complying
with paragraph (a) of this section, a recipient shall give priority to
methods that serve handicapped persons in the most integrated setting
appropriate.

\(c\) *Small health, welfare or other social service providers, and
recipients that operate other than educational programs or activities.*
If a recipient with fewer than fifteen employees finds after
consultation with a handicapped person seeking its services that there
is no method of complying with paragraph (a) of this section other than
making a significant alteration in its existing facilities, the
recipient may, as an alternative, refer the qualified handicapped person
to other providers whose services are accessible. Where referrals are
necessary, transportation costs shall not exceed costs to and from
recipients' programs or activities.

\(d\) *Time period. A* recipient shall comply with paragraph (a) of this
section within 60 days of the effective date of this part except that
when structural changes in facilities are necessary, these changes shall
be made as soon as practicable, but not later than three years after the
effective date of this part.

\(e\) *Transition plan.* If structural changes to facilities are
necessary to meet the requirements of paragraph (a) of this section, a
recipient shall develop a transition plan within six months of the
effective date of this part setting forth the steps necessary to
complete such change. The plan shall be developed with the assistance of
interested persons, including handicapped persons or organizations
representing handicapped persons. A copy of the transition plan shall be
available for public inspection. The plan shall, at a minimum:

\(1\) Identify physical obstacles in the recipient's facilities that
limit the accessibility of its program or activity to handicapped
persons;

\(2\) Describe in detail the methods that will be used to make the
facilities accessible;

\(3\) Specify the schedule for taking the steps necessary to achieve
full accessibility under paragraph (a) of this section and, if the time
period of the transition plan is longer than one year, identify steps
that will be taken during each year of the transition period; and

\(4\) Indicate the person responsible for implementation of the plan.

\(f\) *Notice.* The recipient shall implement procedures to ensure that
interested persons, including persons with impaired vision or hearing,
can obtain information concerning the existence and location of
services, activities, and facilities that are accessible to and usable
by handicapped persons.

(The information collection requirements contained in paragraph (e) have
been approved by the Office of Management and Budget under control
number 2900-0414)

\[45 FR 63268, Sept. 24, 1980, as amended at 49 FR 32574, Aug. 15, 1984;
68 FR 51370, Aug. 26, 2003\]

**Supplement *Highlights* reference**: 58(1)