U.S. Code » Title 42 » Chapter CHAPTER 51— DESIGN AND CONSTRUCTION OF PUBLIC BUILDINGS TO ACCOMMODATE PHYSICALLY HANDICAPPED

42 U.S.C. § 4156

Waiver and modification of standards

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The Administrator of General Services, with respect to standards issued under section 4152 of this title, and the Secretary of Housing and Urban Development, with respect to standards issued under section 4153 of this title, and the Secretary of Defense with respect to standards issued under section 4154 of this title, and the United States Postal Service with respect to standards issued under section 4154a of this title—(1) is authorized to modify or waive any such standard, on a case-by-case basis, upon application made by the head of the department, agency, or instrumentality of the United States concerned, and upon a determination by the Administrator or Secretary, as the case may be, that such modification or waiver is clearly necessary, and(2) shall establish a system of continuing surveys and investigations to insure compliance with such standards.(Pub. L. 90–480, § 6, Aug. 12, 1968, 82 Stat. 719; Pub. L. 94–541, title II, § 201(6), Oct. 18, 1976, 90 Stat. 2508.)Editorial NotesAmendments

1976—Pub. L. 94–541, in introductory text, inserted reference to the United States Postal Service with respect to standards issued under section 4154a of this title and struck out “is authorized” at end; in par. (1), inserted introductory words “is authorized”; and in par. (2), substituted “shall establish a system of continuing surveys and investigations” for “to conduct such surveys and investigations as he deems necessary”.

Notes of Decisions
Cited in 2 cases, 1980–1985 · leading case: Mason H. Rose v. United States Postal Serv., 774 F.2d 1355 (9th Cir. 1985).
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Mason H. Rose v. United States Postal Serv., 774 F.2d 1355 (9th Cir. 1985). “In addition, Section 6 of the Barriers Act, 42 U.S.C. § 4156 , provides a mechanism by which unreasonable and excessive costs can be avoided by the standard-setting agencies that carry out the mandate to make existing leased facilities accessible.”
Applicability of the Architectural Barriers Act of 1968 to Bldgs. Financed with Fed. Funds (OLC 1980). “614 federal agency, and because its buildings are not subject to regulation for design, construction, or alteration issued tinder authority of the law authorizing federal funds, the question arose whether it was covered by the Act.”
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