> GENERAL SERVICES ADMINISTRATION
>
> Washington, DC 20405 September 20, 2006
>
> 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. The implementation date for
> adopting ABAAS for existing leased locations is being extended to
> address unforeseen implementation considerations.
>
> 3\. [Effective date.]{.underline} This rule was published in the
> *Federal Register,* at 71 FR 52498 and became effective on September
> 6, 2006.
>
> 4\. [Explanation of changes.]{.underline} FMR Part 102-76, Subpart
> C­Architectural Barriers Act, is being amended to extend the
> implementation date of the Real Property Policies section entitled
> \"What standards must facilities subject to the Architectural Barriers
> Act meet?\" Specifically, this amends paragraph 102-76.65 (a) (3) to
> extend the implementation date for leasing actions in existing
> buildings where solicitations have not been issued by February 6,
> 2007.
>
> 5\. [Filing instructions.]{.underline} Make the following page
> changes:
>
> [Remove]{.underline} [FMR]{.underline} [pages]{.underline} [Insert FMR
> pages]{.underline}
>
> 102-76-1 thru 102-76-4 102-76-1 thru 102-76-4
>
> ![](media/image1.jpeg){width="5.614583333333333in"
> height="1.4479166666666667in"}
>
> Attachment
>
> **AMENDMENT 2005--03 NOVEMBER 8, 2005**
>
> PART 102-76---DESIGN AND CONSTRUCTION **§102-76.25**
>
> **PART 102-76---DESIGN AND CONSTRUCTION**
>
> **Subpart A---General Provisions** (a) Make the site planning and
> landscape design a direct extension of the building design;
>
> **§102-76.5---What is the scope of this part?** (b) Make a positive
> contribution to the surrounding land-
>
> The real property policies contained in this part apply to scape;
>
> Federal agencies, including GSA's Public Buildings Service (c)
> Consider requirements (other than procedural require-
>
> (PBS), operating under, or subject to, the authorities of the ments)
> of local zoning laws and laws relating to setbacks,
>
> Administrator of General Services. height, historic preservation, and
> aesthetic qualities of a building;
>
> **§102-76.10---What basic design and construction policy** (d)
> Identify areas for future building expansion in the
>
> **governs Federal agencies?** architectural and site design concept
> for all buildings where
>
> Federal agencies, upon approval from GSA, are bound by an expansion
> need is identified to exist;
>
> the following basic design and construction policies: (e) Create a
> landscape design that is a pleasant, dynamic
>
> \(a\) Provide the highest quality services for designing and
> experience for occupants and visitors to Federal facilities and,
>
> constructing new Federal facilities and for repairing and alter- where
> appropriate, encourage public access to and stimulate
>
> ing existing Federal facilities. These services must be timely,
> pedestrian traffic around the facilities. Coordinate the land-
>
> efficient, and cost effective. scape design with the architectural
> characteristics of the
>
> \(b\) Use a distinguished architectural style and form in Fed-
> building;
>
> eral facilities that reflects the dignity, enterprise, vigor and (f)
> Comply with the requirements of the National
>
> stability of the Federal Government. Environmental Policy Act of 1969,
> as amended, 42 U.S.C.
>
> \(c\) Follow nationally recognized model building codes 4321 *et
> seq.,* and the National Historic Preservation Act of
>
> and other applicable nationally recognized codes that govern 1966, as
> amended, 16 U.S.C. 470 *et seq.,* for each project; and
>
> Federal construction to the maximum extent feasible and con- (g)
> Consider the vulnerability of the facility as well as the
>
> sider local building code requirements. (See 40 U.S.C. 3310 security
> needs of the occupying agencies, consistent with the
>
> and 3312.) Interagency Security Committee standards and guidelines.
>
> \(d\) Design Federal buildings to have a long life expectancy
>
> and accommodate periodic changes due to renovations.
> **§102-76.25---What standards must Federal agencies meet**
>
> \(e\) Make buildings cost effective, energy efficient, and **in
> providing architectural and interior design services?**
>
> accessible to and usable by the physically disabled. Federal agencies
> must design distinctive and high quality
>
> \(f\) Provide for building service equipment that is accessi- Federal
> facilities that meet all of the following standards:
>
> ble for maintenance, repair, or replacement without signifi- (a)
> Reflect the local architecture in buildings through the
>
> cantly disturbing occupied space. use of building form, materials,
> colors, or detail. Express a
>
> \(g\) Consider ease of operation when selecting mechanical quality of
> permanence in the building interior similar to the
>
> and electrical equipment. building exterior.
>
> \(h\) Agencies must follow the prospectus submission and (b) Provide
> individuals with disabilities ready access to,
>
> approval policy identified in [§§102-73.35]{.underline} and
> [102-73.40]{.underline} of and use of, the facilities in accordance
> with the standards in
>
> this chapter. [§102-76.65]{.underline}.
>
> \(c\) Use metric specifications in construction where the
>
> **Subpart B---Design and Construction** metric system is the accepted
> industry standard, and to the extent that such usage is economically
> feasible and practical.
>
> **§102-76.15---What are design and construction services?** (d)
> Provide for the design of security systems to protect
>
> Design and construction services are--- Federal workers and visitors
> and to safeguard facilities
>
> \(a\) Site planning and landscape design; against criminal activity
> and/or terrorist activity. Security
>
> \(b\) Architectural and interior design; and design must support the
> continuity of Government operations
>
> \(c\) Engineering systems design. during civil disturbances, natural
> disasters and other emer- gency situations.
>
> **§102-76.20---What issues must Federal agencies consider** (e) Design
> and construct facilities that meet or exceed the
>
> **in providing site planning and landscape design** energy performance
> standards applicable to Federal buildings
>
> **services?** in 10 CFR part 435.
>
> In providing site planning and design services, Federal agencies
> must---
>
> (Technical Amendment) 102-76-1
>
> **AMENDMENT 2005--03 SEPTEMBER 6, 2006**
>
> **§102-76.30** FEDERAL MANAGEMENT REGULATION
>
> **§102-76.30---What seismic safety standards must Federal** eral
> Acquisition," Federal agencies must apply sustainable
>
> **agencies follow in the design and construction of** development
> principles to the siting, design, and construction
>
> **Federal facilities?** of new facilities, which include---
>
> Federal agencies must follow the seismic safety standards (a)
> Optimizing site potential;
>
> identified in [§102-80.45]{.underline} of this chapter. (b) Minimizing
> non-renewable energy consumption;
>
> \(c\) Using environmentally preferable products;
>
> **National Environmental Policy Act of 1969** (d) Protecting and
> conserving water;
>
> \(e\) Enhancing indoor environmental quality; and
>
> **§102-76.35---What is the purpose of the National** (f) Optimizing
> operational and maintenance practices.
>
> **Environmental Policy Act of 1969, as amended**
>
> **(NEPA)? Subpart C---Architectural Barriers Act**
>
> The purpose of NEPA is to---
>
> \(a\) Declare a national policy which will encourage produc-
> **§102-76.60---To which facilities does the Architectural**
>
> tive and enjoyable harmony between man and his environ- **Barriers Act
> apply?**
>
> ment; (a) The Architectural Barriers Act applies to any facility
>
> \(b\) Promote efforts which will prevent or eliminate dam- that is
> intended for use by the public or that may result in the
>
> age to the environment and biosphere and stimulate the health
> employment or residence therein of individuals with disabil-
>
> and welfare of man; ities, which is to be---
>
> \(c\) Enrich the understanding of the ecological systems and (1)
> Constructed or altered by, or on behalf of, the
>
> natural resources important to the Nation; and United States;
>
> \(d\) Establish a Council on Environmental Quality (CEQ). (2) Leased
> in whole or in part by the United States;
>
> \(3\) Financed in whole or in part by a grant or loan made
>
> **§102-76.40---To which real property actions does NEPA** by the
> United States, if the building or facility is subject to
>
> **apply?** standards for design, construction, or alteration issued
> under
>
> NEPA applies to actions that may have an impact on the the authority
> of the law authorizing such a grant or loan; or
>
> quality of the human environment, including leasing, acquir- (4)
> Constructed under the authority of the National
>
> ing, developing, managing and disposing of real property. Capital
> Transportation Act of 1960, the National Capital
>
> Transportation Act of 1965, or Title III of the Washington
>
> **§102-76.45---What procedures must Federal agencies** Metropolitan
> Area Transit Regulation Compact.
>
> **follow to implement the requirements of NEPA?** (b) The
> Architectural Barriers Act does not apply to any
>
> Federal agencies must follow the procedures identified in privately
> owned residential facility unless leased by the Gov-
>
> the Council on Environmental Quality's NEPA implementing ernment for
> subsidized housing programs, and any facility on
>
> regulations, 40 CFR 1500--1508. In addition, Federal agen- a military
> reservation designed and constructed primarily for
>
> cies must follow the standards that they have promulgated to use by
> able bodied military personnel.
>
> implement CEQ's regulations.
>
> **§102-76.65---What standards must facilities subject to the**
>
> **Sustainable Development Architectural Barriers Act meet?**
>
> \(a\) GSA adopts Appendices C and D to 36 CFR part 1191
>
> **§102-76.50---What is sustainable development?** (ABA Chapters 1 and
> 2, and Chapters 3 through 10) as the
>
> Sustainable development means integrating the deci- Architectural
> Barriers Act Accessibility Standard (ABAAS).
>
> sion-making process across the organization, so that every Facilities
> subject to the Architectural Barriers Act (other than
>
> decision is made to promote the greatest long-term benefits.
> facilities in [§102-76.65(b)]{.underline} and [(c)]{.underline}) must
> comply with
>
> It means eliminating the concept of waste and building on nat- ABAAS
> as set forth below:
>
> ural processes and energy flows and cycles; and recognizing (1) For
> construction or alteration of Federally-owned
>
> the interrelationship of our actions with the natural world.
> facilities, compliance with ABAAS is required if the con- struction or
> alteration commenced after May 8, 2006. If the
>
> **§102-76.55---What sustainable development principles** construction
> or alteration of a Federally-owned facility com-
>
> **must Federal agencies apply to the siting, design, and** menced on
> or before May 8, 2006, compliance with the Uni-
>
> **construction of new facilities?** form Federal Accessibility
> Standards (UFAS) is required.
>
> In keeping with the objectives of Executive Order 13123, (2) For
> Federal lease-construction actions subject to the
>
> "Greening of the Government Through Efficient Energy Architectural
> Barriers Act, where the Government expressly
>
> Management," and Executive Order 13101, "Greening of the requires new
> construction to meet its needs, compliance with
>
> Government Through Waste Prevention, Recycling, and Fed- ABAAS is
> required for all such leases awarded on or after
>
> 102-76-2 (Technical Amendment)
>
> **AMENDMENT 2005--03 SEPTEMBER 6, 2006**
>
> PART 102-76---DESIGN AND CONSTRUCTION **§102-76.90**
>
> June 30, 2006. UFAS compliance is required for all such (b) Making
> entrances serving the altered area accessible,
>
> leases awarded before June 30, 2006. including but not limited to
> widening doorways and installing
>
> \(3\) For all other lease actions subject to the Architec- accessible
> hardware;
>
> tural Barriers Act (other than those described in paragraph (c) Making
> restrooms serving the altered area accessible,
>
> (a)(2) of this section), compliance with ABAAS is required including,
> but not limited to, enlarging toilet stalls, installing
>
> for all such leases awarded pursuant to solicitations issued grab bars
> and accessible faucet controls, and insulating pipes
>
> after February 6, 2007. UFAS compliance is required for all under
> lavatories;
>
> such leases awarded pursuant to solicitations issued on or (d) Making
> public telephones serving the altered area
>
> before February 6, 2007. accessible, including, but not limited to,
> placing telephones at
>
> \(b\) Residential facilities subject to the Architectural Barri- an
> accessible height, and installing amplification devices and
>
> ers Act must meet the standards prescribed by the Department TTYs;
>
> of Housing and Urban Development. (e) Making drinking fountains
> serving the altered area
>
> \(c\) Department of Defense and United States Postal Ser- accessible;
> and
>
> vice facilities subject to the Architectural Barriers Act must (f)
> Making parking spaces serving the altered area acces-
>
> meet the standards prescribed by those agencies. sible.
>
> **§102-76.70---When are the costs of alterations to provide
> §102-76.80---What is required if the costs of alterations to**
>
> **an accessible path of travel to an altered area provide an
> accessible path of travel to an altered area**
>
> **containing a primary function disproportionate to the containing a
> primary function are disproportionate to**
>
> **costs of the overall alterations for facilities subject to the costs
> of the overall alterations for facilities subject**
>
> **the standards in [§102-76.65(a)]{.underline}? to the standards in
> [§102-76.65(a)]{.underline}?**
>
> For facilities subject to the standards in
> [§102-76.65(a)]{.underline}, the For facilities subject to the
> standards in [§102-76.65(a)]{.underline}, if
>
> costs of alterations to provide an accessible path of travel to the
> costs of alterations to provide an accessible path of travel
>
> an altered area containing a primary function are dispropor- to an
> altered area containing a primary function are dispropor-
>
> tionate to the costs of the overall alterations when they exceed
> tionate to the costs of the overall alterations, the path of travel
>
> 20 percent of the costs of the alterations to the primary func- must
> be made accessible to the extent possible without
>
> tion area. If a series of small alterations are made to areas con-
> exceeding 20 percent of the costs of the alterations to the pri-
>
> taining a primary function and the costs of any of the mary function
> area. Priority should be given to those ele-
>
> alterations considered individually would not result in provid- ments
> that will provide the greatest access in the following
>
> ing an accessible path of travel to the altered areas, the total
> order:
>
> costs of the alterations made within the three year period after (a)
> An accessible route and an accessible entrance;
>
> the initial alteration must be considered when determining (b) At
> least one accessible restroom for each sex or a single
>
> whether the costs of alterations to provide an accessible path unisex
> restroom;
>
> of travel to the altered areas are disproportionate. Facilities (c)
> Accessible telephones;
>
> for which new leases are entered into must comply with (d) Accessible
> drinking fountains; and
>
> F202.6 of the Architectural Barriers Act Accessibility Stan- (e)
> Accessible parking spaces.
>
> dard without regard to whether the costs of alterations to com-
>
> ply with F202.6 are disproportionate to the costs of the overall
> **§102-76.85---What is a primary function area for**
>
> alterations. **purposes of providing an accessible route in leased
> facilities subject to the standards in [§102-76.65(a)]{.underline}?**
>
> **§102-76.75---What costs are included in the costs of** For purposes
> of providing an accessible route in leased
>
> **alterations to provide an accessible path of travel to an**
> facilities subject to the standards in [§102-76.65(a)]{.underline}, a
> primary
>
> **altered area containing a primary function for facilities** function
> area is an area that contains a major activity for
>
> **subject to the standards in [§102-76.65(a)]{.underline}?** which the
> leased facility is intended. Primary function areas
>
> For facilities subject to the standards in
> [§102-76.65(a)]{.underline}, the include areas where services are
> provided to customers or the
>
> costs of alterations to provide an accessible path of travel to
> public, and offices and other work areas in which the activities
>
> an altered area containing a primary function include the costs of the
> Federal agency using the leased facility are carried out.
>
> associated with---
>
> \(a\) Providing an accessible route to connect the altered
> **§102-76.90---Who has the authority to waive or modify**
>
> area and site arrival points, including but not limited to inte- **the
> standards in [§102-76.65(a)]{.underline}?**
>
> rior and exterior ramps, elevators and lifts, and curb ramps; The
> Administrator of General Services has the authority to waive or modify
> the standards in [§102-76.65(a)]{.underline} on a case-by-case basis
> if the agency head or GSA department
>
> (Technical Amendment) 102-76-3
>
> **§102-76.95** FEDERAL MANAGEMENT REGULATION
>
> head submits a request for waiver or modification and the (2) The
> grant or loan has been or will be made subject
>
> Administrator determines that the waiver or modification is to a
> requirement that the standards will be incorporated in the
>
> clearly necessary. design, the construction or the alteration.
>
> \(3\) The leased facility meets the standards, or has been
>
> **§102-76.95---What recordkeeping responsibilities do** or will be
> altered to meet the standards.
>
> **Federal agencies have?** (4) The standards have been waived or
> modified by the
>
> \(a\) The head of each Federal agency must ensure that doc-
> Administrator of General Services, and a copy of the waiver
>
> umentation is maintained on each contract, grant or loan for or
> modification is included with the statement.
>
> the design, construction or alteration of a facility and on each (b)
> If a determination is made that a facility is not subject
>
> lease for a facility subject to the standards in
> [§102-76.65(a)]{.underline} to the standards in
> [§102-76.65(a)]{.underline} because the Architectural
>
> containing one of the following statements: Barriers Act does not
> apply to the facility, the head of the Fed-
>
> \(1\) The standards have been or will be incorporated in eral agency
> must ensure that documentation is maintained to
>
> the design, the construction or the alteration. justify the
> determination.
>
> 102-76-4 (Technical Amendment)