(a) Methods to accomplish program accessibility. In the case of historic properties, program accessibility shall mean that when programs are viewed in their entirety, they are accessible to and usable by handicapped persons. The recipient shall exhaust subsection (b)(1) (methods to accomplish program accessibility without building alterations or structural changes) before proceeding to subsection (b)(2) (methods to accomplish program accessibility resulting in building alterations). The recipient shall exhaust subsection (b)(2) (methods to accomplish program accessibility resulting in building alterations) before proceeding to subsection (b)(3) (methods to accomplish program accessibility resulting in structural changes).

(1) Methods to accomplish program accessibility without building alterations or structural changes. The recipient shall investigate compliance methods which do not alter the historic character or architectural integrity of the property and shall utilize such methods unless such methods are ineffective in achieving accessibility. Such methods may include, but are not limited to:

(i) Reassigning programs to accessible locations within the facility.

(ii) Assigning persons to aid handicapped persons into or through an otherwise inaccessible facility.

(iii) Delivering programs or activities at alternative accessible sites operated by or available for such use by the recipient.

(iv) Adopting other innovative methods which make programs accessible to the handicapped.

(2) Methods to accomplish program accessibility resulting in building alterations. The recipient shall determine that program accessibility cannot feasibly be accomplished by Methods to Accomplish Program Accessibility without Building Alterations or Structural Changes, subsection (b)(1) prior to utilizing building alteration as a method of accomplishing program accessibility. Alterations must comply with the accessibility standards adopted in these regulations. Building alterations shall be undertaken so as not to alter or destroy historically, architecturally, or culturally significant elements or features.

(3) Methods to accomplish program accessibility resulting in structural changes. The recipient shall determine that program accessibility cannot feasibly be accomplished by Methods to Accomplish Program Accessibility without Building Alterations or Structural Changes, subsection (b)(2) before considering structural changes as a method of accomplishing program accessibility. Structural changes must comply with the accessibility standards adopted in these regulations. Structural changes shall be undertaken so as not to alter or destroy historically, architecturally or culturally significant elements or features.

(b) Modification or waiver of accessibility standards. The applicability of the accessibility standards set forth in these regulations may be modified or waived on a case-by-case basis, upon application to the Director, FAPD, where the recipient can demonstrate that, because of the nature of the activity, the provision of access would be infeasible or would substantially impair the historic, architectural or cultural integrity of the historic property.