GENERAL SERVICES ADMINISTRATION February 27, 2007 Washington, DC 20405

FEDERAL MANAGEMENT REGULATION\
Amendment 2005-03

TO: Heads of Federal agencies

SUBJECT: FMR Case 2005-102-8; Real Property Policies Update; Technical
Amendment

1\. [Purpose.]{.underline} This document includes pages that reflect
amendment to Part 102-76 of the Federal Management Regulation (FMR).

2\. [Background.]{.underline} FMR Part 102-76, Subpart C-Architectural
Barriers Act, appeared initially in the FMR Real Property Policies
Update issued November 8, 2005. That update adopted the Architectural
Barriers Act Accessibilities Standards (ABAAS) as the standard for
Federal facilities. When the implementation dates for the accessibility
standards were amended on September 6, 2006, the amendment inadvertently
deleted reference to facilities other than those that were.
Federally-owned or leased. Accordingly, this final rule corrects this
oversight.

3\. [Effective date.]{.underline} This rule was published in the
*Federal Register,* at 72 FR 5942 and became effective on February 8,
2007.

4\. [Explanation of changes.]{.underline} FMR Part 102-76, Subpart
C­Architectural Barriers Act, is being amended to restate in 102­76.65 (a)
that the accessibility standards apply to all entities whose facilities
are subject to the Architectural Barriers Act, and not just those that
are Federally-owned or leased.

> 5\. [Filing instructions.]{.underline} Make the following page
> changes:

[Remove FMR pages]{.underline}

[Insert FMR pages]{.underline}

> 102-76-1 thru 102-76-4 102-76-1 thru 102-76-4
>
> 0
>
> in Messner
>
> acting Associate Administrator Office of Governmentwide Policy
>
> Attachment

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2

> AMENDMENT 2005-03 FEBRUARY 8, 2007

PART 102-76-DESIGN AND CONSTRUCTION

§102-76.25

> PART 102-76-DESIGN AND CONSTRUCTION

**Subpart A-General Provisions**

> **§102-76.5-What is the scope of this part?**

The real property policies contained in this part apply to Federal
agencies, including GSA\'s Public Buildings Service (PBS), operating
under, or subject to, the authorities of the Administrator of General
Services. The accessibility stan­dards in Subpart C of this part apply to
Federal agencies and other entities whose facilities are subject to the
Architectural Barriers Act.

**§102-76.10-What basic design and construction policy governs Federal
agencies?**

Federal agencies, upon approval from GSA, are bound by the following
basic design and construction policies:

\(a\) Provide the highest quality services for designing and
constructing new Federal facilities and for repairing and alter­ing
existing Federal facilities. These services must be timely, efficient,
and cost effective.

\(b\) Use a distinguished architectural style and form in Fed­eral
facilities that reflects the dignity, enterprise, vigor and stability of
the Federal Government.

\(c\) Follow nationally recognized model building codes and other
applicable nationally recognized codes that govern Federal construction
to the maximum extent feasible and con­sider local building code
requirements. (See 40 U.S.C. 3310 and 3312.)

\(d\) Design Federal buildings to have a long life expectancy and
accommodate periodic changes due to renovations.

\(e\) Make buildings cost effective, energy efficient, and accessible to
and usable by the physically disabled.

(0 Provide for building service equipment that is accessi­ble for
maintenance, repair, or replacement without signifi­cantly disturbing
occupied space.

\(g\) Consider ease of operation when selecting mechanical and
electrical equipment.

\(h\) Agencies must follow the prospectus submission and approval policy
identified in and 1 !\',• of this chapter.

**Subpart B-Design and Construction**

**§102-76.15-What are design and construction services?** Design and
construction services are­(a) Site planning and landscape design; (b)
Architectural and interior design; and (c) Engineering systems design.

**§102-76.20-What issues must Federal agencies consider**

> **in providing site planning and landscape design**
>
> **services?**

In providing site planning and design services, Federal agencies must

\(a\) Make the site planning and landscape design a direct extension of
the building design;

\(b\) Make a positive contribution to the surrounding land­scape;

\(c\) Consider requirements (other than procedural require­ments) of
local zoning laws and laws relating to setbacks, height, historic
preservation, and aesthetic qualities of a building;

\(d\) Identify areas for future building expansion in the architectural
and site design concept for all buildings where an expansion need is
identified to exist;

\(e\) Create a landscape design that is a pleasant, dynamic experience
for occupants and visitors to Federal facilities and, where appropriate,
encourage public access to and stimulate pedestrian traffic around the
facilities. Coordinate the land­scape design with the architectural
characteristics of the building;

\(f\) Comply with the requirements of the National Environ­mental Policy
Act of 1969, as amended, 42 U.S.C. 4321 *et seq.,* and the National
Historic Preservation Act of 1966, as amended, 16 U.S.C. *470 et seq.,*
for each project; and

\(g\) Consider the vulnerability of the facility as well as the security
needs of the occupying agencies, consistent with the Interagency
Security Committee standards and guidelines.

**§102-76.25-What standards must** Federal agencies **meet**

> **in providing architectural and interior design services?**

Federal agencies must design distinctive and high quality Federal
facilities that meet all of the following standards:

\(a\) Reflect the local architecture in buildings through the use of
building form, materials, colors, or detail. Express a quality of
permanence in the building interior similar to the building exterior.

\(b\) Provide individuals with disabilities ready access to, and use of,
the facilities in accordance with the standards in

\(c\) Use metric specifications in construction where the metric system
is the accepted industry standard, and to the extent that such usage is
economically feasible and practical.

\(d\) Provide for the design of security systems to protect Federal
workers and visitors and to safeguard facilities against criminal
activity and/or terrorist activity. Security design must support the
continuity of Government operations during civil disturbances, natural
disasters and other emer­gency situations.

(Technical Amendment) 102-76-1

§102-76.30

> **AMENDMENT 2005-03 FEBRUARY 8, 2007**
>
> FEDERAL MANAGEMENT REGULATION

\(e\) Design and construct facilities that meet or exceed the energy
performance standards applicable to Federal buildings in 10 CFR part
435.

**§102-76.30-What seismic safety standards must Federal agencies follow
in the design and construction of Federal facilities?**

Federal agencies must follow the seismic safety standards identified in
; i L\~ of this chapter.

**National Environmental Policy Act of 1969**

**§102-76.35-What is the purpose of the National Environmental Policy
Act of 1969, as amended (NEPA)?**

> The purpose of NEPA is to­

\(a\) Declare a national policy which will encourage produc­tive and
enjoyable harmony between man and his environ­ment;

\(b\) Promote efforts which will prevent or eliminate dam­age to the
environment and biosphere and stimulate the health and welfare of man;

> \(c\) Enrich the understanding of the ecological systems and natural
> resources important to the Nation; and (d) Establish a Council on
> Environmental Quality (CEQ).

**§102-76.40-To which real property actions does NEPA apply?**

NEPA applies to actions that may have an impact on the quality of the
human environment, including leasing, acquir­ing, developing, managing
and disposing of real property.

**§102-76.45-What procedures must Federal agencies**

> **follow to implement the requirements of NEPA?**

Federal agencies must follow the procedures identified in the Council on
Environmental Quality\'s NEPA implementing regulations, 40 CFR
1500-1508. In addition, Federal agen­cies must follow the standards that
they have promulgated to implement CEQ\'s regulations.

**Sustainable Development**

**§102-76.50-What is sustainable development?**

Sustainable development means integrating the deci­sion-making process
across the organization, so that every decision is made to promote the
greatest long-term benefits. It means eliminating the concept of waste
and building on nat­ural processes and energy flows and cycles; and
recognizing the interrelationship of our actions with the natural world.

**§102-76.55-What sustainable development principles must Federal
agencies apply to the siting, design, and construction of new
facilities?**

> In keeping with the objectives of Executive Order 13123,

\"Greening of the Government Through Efficient Energy

Management,\" and Executive Order 13101, \"Greening of the

Government Through Waste Prevention, Recycling, and Fed­

eral Acquisition,\" Federal agencies must apply sustainable

development principles to the siting, design, and construction

> of new facilities, which include­
>
> \(a\) Optimizing site potential;
>
> \(b\) Minimizing non-renewable energy consumption; (c) Using
> environmentally preferable products; (d) Protecting and conserving
> water; (e) Enhancing indoor environmental quality; and
>
> \(f\) Optimizing operational and maintenance practices.

**Subpart C-Architectural Barriers Act**

> **§102-76.60-To which facilities does the Architectural**
>
> **Barriers Act apply?**

\(a\) The Architectural Barriers Act applies to any facility that is
intended for use by the public or that may result in the employment or
residence therein of individuals with disabil­ities, which is to be­

\(1\) Constructed or altered by, or on behalf of, the United States;

> \(2\) Leased in whole or in part by the United States;

\(3\) Financed in whole or in part by a grant or loan made by the United
States, if the building or facility is subject to standards for design,
construction, or alteration issued under the authority of the law
authorizing such a grant or loan; or

\(4\) Constructed under the 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.

\(b\) The Architectural Barriers Act does not apply to any privately
owned residential facility unless leased by the Gov­ernment for
subsidized housing programs, and any facility on a military reservation
designed and constructed primarily for use by able bodied military
personnel.

**§102-76.65-What standards must facilities subject to the**

> **Architectural Barriers Act meet?**

\(a\) GSA adopts Appendices C and D to 36 CFR part 1191 (ABA Chapters 1
and 2, and Chapters 3 through 10) as the Architectural Barriers Act
Accessibility Standard (ABAAS). Facilities subject to the Architectural
Barriers Act (other than facilities described in paragraphs and . s of
this section) must comply with ABAAS as set forth below:

\(I\) For construction or alteration of facilities subject to the
Architectural Barriers Act (other than Federal lease-con­struction and
other lease actions described in paragraphs

102-76-2 (Technical Amendment)

> AMENDMENT 2005-03 FEBRUARY 8, 2007
>
> PART 102-76-DESIGN AND CONSTRUCTION

**§102-76.85**

(a)(2) and (3), respectively, of this section), compliance with ABAAS is
required if the construction or alteration com­menced after May 8, 2006.
If the construction or alteration of such a facility commenced on or
before May 8, 2006, compli­ance with the Uniform Federal Accessibility
Standards (UFAS) is required.

\(2\) For Federal lease-construction actions subject to the
Architectural Barriers Act, where the Government expressly requires new
construction to meet its needs, compliance with ABAAS is required for
all such leases awarded on or after June 30, 2006. UFAS compliance is
required for all such leases awarded before June 30, 2006.

\(3\) For all other lease actions subject to the Architec­tural Barriers
Act (other than those described in paragraph (a)(2) of this section),
compliance with ABAAS is required for all such leases awarded pursuant
to solicitations issued after February 6, 2007. UFAS compliance is
required for all such leases awarded pursuant to solicitations issued on
or before February 6, 2007.

\(b\) Residential facilities subject to the Architectural Barri­ers Act
must meet the standards prescribed by the Department of Housing and
Urban Development.

\(c\) Department of Defense and United States Postal Ser­vice facilities
subject to the Architectural Barriers Act must meet the standards
prescribed by those agencies.

**§102-76.70-When are the costs of alterations to provide**

> **an accessible path of travel to an altered area**
>
> **containing a primary function disproportionate to the**

**costs of the overall alterations for facilities subject to**

> **the standards in** § 111 ?-76.6f i ;!. )?

For facilities subject to the standards in *10.1\'-^-^f^,^* the costs of
alterations to provide an accessible path of travel to an altered area
containing a primary function are dispropor­tionate to the costs of the
overall alterations when they exceed 20 percent of the costs of the
alterations to the primary func­tion area. If a series of small
alterations are made to areas con­taining a primary function and the
costs of any of the alterations considered individually would not result
in provid­ing an accessible path of travel to the altered areas, the
total costs of the alterations made within the three year period after
the initial alteration must be considered when determining whether the
costs of alterations to provide an accessible path of travel to the
altered areas are disproportionate. Facilities for which new leases are
entered into must comply with F202.6 of the Architectural Barriers Act
Accessibility Stan­dard without regard to whether the costs of
alterations to com­ply with F202.6 are disproportionate to the costs of
the overall alterations.

> **§102-76.75-What costs are included in the costs of**
>
> **alterations to provide an accessible path of travel to an**
>
> **altered area** containing a primary **function for facilities**
>
> **subject to the standards in** ,2 - .6f(a)?

For facilities subject to the standards in \~
[1(L-75.65(a),]{.underline} the costs of alterations to provide an
accessible path of travel to an altered area containing a primary
function include the costs associated with­

\(a\) Providing an accessible route to connect the altered area and site
arrival points, including but not limited to inte­rior and exterior
ramps, elevators and lifts, and curb ramps;

\(b\) Making entrances serving the altered area accessible, including
but not limited to widening doorways and installing accessible hardware;

\(c\) Making restrooms serving the altered area accessible, including,
but not limited to, enlarging toilet stalls, installing grab bars and
accessible faucet controls, and insulating pipes under lavatories;

\(d\) Making public telephones serving the altered area accessible,
including, but not limited to, placing telephones at an accessible
height, and installing amplification devices and TTYs;

\(e\) Making drinking fountains serving the altered area accessible; and

\(f\) Making parking spaces serving the altered area acces­sible.

**§102-76.80-What is required if the costs of alterations to provide an
accessible path of travel to an altered area containing a primary
function are disproportionate to the costs of the overall alterations
for facilities subject to the standards in** §IU2-76.tif(;t)?

> For facilities subject to the standards in [I]{.underline}
> [U]{.underline} -\'7(~)\ ji~)~,~ if

the costs of alterations to provide an accessible path of travel to an
altered area containing a primary function are dispropor­tionate to the
costs of the overall alterations, the path of travel must be made
accessible to the extent possible without exceeding 20 percent of the
costs of the alterations to the pri­mary function area. Priority should
be given to those ele­ments that will provide the greatest access in the
following order:

> \(a\) An accessible route and an accessible entrance;

\(b\) At least one accessible restroom for each sex or a single unisex
restroom;

> \(c\) Accessible telephones;
>
> \(d\) Accessible drinking fountains; and
>
> \(e\) Accessible parking spaces.

**§102-76.85-What is a primary function area for purposes of providing
an accessible route in leased facilities subject to the standards in
[§1]{.underline}02_76.65(a)?** For purposes of providing an accessible
route in leased

facilities subject to the standards in \` 1_02-^-^\'O. 5(n ), a primary

(Technical Amendment) 102-76-3

**§102-76.90**

FEDERAL MANAGEMENT REGULATION

function area is an area that contains a major activity for which the
leased facility is intended. Primary function areas include areas where
services are provided to customers or the public, and offices and other
work areas in which the activities of the Federal agency using the
leased facility are carried out.

**§102-76.90-Who has the authority to waive or modify the standards in**
102-76,.65r.i )?

The Administrator of General Services has the authority to waive or
modify the standards in \'!, ) on a case-by-case basis if the agency
head or GSA department head submits a request for waiver or modification
and the Administrator determines that the waiver or modification is
clearly necessary.

**§102-76.95-What recordkeeping responsibilities do Federal agencies
have?**

\(a\) 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 10\'- r\~i) 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 , i:: i 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.

102-76-4 (Technical Amendment)