Section 5000.360  Handicapped Accessibility

a)         Each leased facility shall, to the extent practicable, be accessible to the handicapped.  Each lease of office space negotiated by DCMS will contain specifications for accessibility.  Exceptions to the specifications will be allowed only upon request of the using agency and if legitimate reasons are given.  DCMS may only waive certain specifications at its own discretion in accordance with subsection B.  In selecting amongst existing spaces, preference shall be given to the most accessible building, cost and other factors being equal.

b)         Exceptions may be based upon one or more of the following criteria:

1)         That no other suitable location exists within the geographic boundaries required by the operation/program at the site.

2)         That no funds are appropriated to cover the expenses for:

A)        relocation to an accessible site;

B)        remodeling existing site to achieve accessibility; or

C)        construction of a new facility.

3)         That the operations at the site are part of an on-going program which cannot be interrupted or terminated pending relocation, remodeling or new construction.

4)         That the operations at the site are part of a new program which must be implemented without delay in order to avoid:

A)        delay or interruption of vital services; and/or

B)        loss of funds associated with the program.

5)         That the operations/programs at the site:

A)        generate a low frequency of public use; and/or

B)        provide a low number of job opportunities.

6)         For sites carrying out programs funded in whole or in part by Federal funds, exceptions will be granted only upon written certification from the Director of the Using Agency that alternative methods have been established to deliver services to handicapped clients and that the agency will provide necessary structural modification for qualified handicapped employees, unless such modification would cause the agency to incur undue hardship. This requirement is based on Federal law (Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 706)) and any federal agency regulations promulgated pursuant thereto; including those promulgated by the Department of Health and Human Services.