Accessibility of existing facilities

No — 2205.150(a) does not require an agency to make every existing facility accessible. The rule requires that the agency operate each program so the program, when viewed in its entirety, is readily accessible and usable by people with disabilities, but it does not mandate modifying every existing building.

• Agencies must still ensure accessibility of programs overall, using other methods if structural changes are not required or feasible. See Methods in 2205.150(b).

No — 2205.150(a)(2) says historic preservation programs are not required to take any action that would substantially impair significant historic features of an historic property.

• When historic features would be substantially impaired, the agency should pursue alternative methods that provide access without damaging those features. See Historic program methods in 2205.150(b)(2).

The agency must demonstrate that the proposed action would cause a fundamental alteration or undue burdens and the decision must be formally made and documented under 2205.150(a)(3).

• The agency has the burden of proof. The decision must be made by the Chairman or the Chairman's designee and accompanied by a written statement explaining the reasons.
• If the action is ruled to cause such burdens or alteration, the agency must still take other actions that avoid those problems but still ensure people with disabilities get program benefits (see 2205.150(b)(1)).

An agency may use a wide range of methods such as redesigning equipment, reassigning services to accessible buildings, providing aides, home visits, delivering services at alternate sites, altering facilities where required, using accessible rolling stock, or other effective methods, as outlined in 2205.150(b).

• The agency is not required to make structural changes when other methods effectively provide access.
• Agencies should give priority to methods that provide services in the most integrated setting appropriate.

No — 2205.150(b) explicitly states that the agency is not required to make structural changes in existing facilities where other methods are effective in achieving compliance.

• Structural changes are only required to the extent compelled by the Architectural Barriers Act when the agency does make alterations to existing buildings.

The agency has the burden of proving that compliance would cause undue financial or administrative burdens, and the decision must be made by the Chairman or the Chairman's designee, as described in 2205.150(b)(1).

• That decision must consider all agency resources available for the program and be accompanied by a written statement explaining the reasons.
• If compliance would cause such burdens, the agency must adopt alternative measures that do not cause the burdens but still ensure access to program benefits.

Under 2205.150(b)(2), an agency shall give priority to methods that provide physical access to individuals with disabilities when dealing with historic preservation programs.

• Physical access solutions should be sought first, but when physical alteration would harm historic features, the agency may use approved alternatives listed in that subsection.

Yes — 2205.150(b)(2)(i) allows using audio-visual materials and devices to depict portions of an historic property that cannot otherwise be made accessible.

• This is an acceptable alternative when physical alteration would impair historic features or is otherwise not permitted.

Yes — 2205.150(b)(2)(ii) permits assigning persons to guide individuals with disabilities into or through portions of historic properties that cannot otherwise be made accessible.

• Guided access is an approved alternative when appropriate and when physical alterations would harm historic integrity.

It means agencies may use creative, practical solutions beyond those specifically listed in 2205.150(b)(2)(iii) to provide access to historic properties without harming significant features.

• Examples could include virtual tours, tactile exhibits, transferable interpretive materials, scheduled special-access events, or temporary, reversible access installations—so long as the methods effectively provide program benefits to people with disabilities while preserving historic features.

When altering existing buildings, the agency must meet accessibility requirements to the extent compelled by the Architectural Barriers Act of 1968 and its implementing regulations, as stated in 2205.150(b).

• This means any physical alterations must comply with applicable Architectural Barriers Act standards and related implementing rules.

An agency should give priority to methods that offer programs and activities to qualified individuals with disabilities in the most integrated setting appropriate, as required by 2205.150(b).

• The agency should evaluate options (e.g., relocating services, aides, home visits, or alterations) and favor solutions that allow participation alongside non-disabled individuals whenever appropriate.

Yes — reassigning services to accessible buildings is an authorized method under 2205.150(b).

• Reassignment is acceptable when it effectively provides program access and helps the agency avoid unnecessary structural changes while preserving program integrity.

Yes — 2205.150(b) lists home visits and delivery of services at alternate accessible sites as valid methods to make programs accessible.

• These methods are appropriate when they effectively provide program benefits without requiring prohibited alterations or causing undue burdens.

Yes — using accessible rolling stock is explicitly listed as an acceptable method in 2205.150(b).

• Providing accessible vehicles or transportation can be an effective way to deliver program services to individuals with disabilities.

It means the agency must ensure that, overall, the program or activity provides reasonable access to individuals with disabilities even if not every facility or component is fully accessible, as stated in 2205.150(a).

• Agencies should plan so that the combination of accessible locations, alternative methods (e.g., assistive services, delivery), and reasonable adjustments make the full program usable by people with disabilities.

The written statement must explain the reasons for concluding that compliance would cause a fundamental alteration or undue financial or administrative burdens, per 2205.150(b)(1).

• The decision must be made by the Chairman or the Chairman's designee after considering all agency resources available for funding and operating the program.
• Even after this finding, the agency must adopt alternative measures that avoid the burdens but still ensure program access.

If physical alteration is not required due to historic preservation concerns, 2205.150(b)(2) allows using audio-visual materials (2205.150(b)(2)(i)), assigning guides (2205.150(b)(2)(ii)), or adopting other innovative methods (2205.150(b)(2)(iii)).

• These alternatives must still ensure that individuals with disabilities receive the benefits and services of the program.