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<br />410:5 <br /> <br />accessible, queslions regarding accessibility of rest rooms. fountains and telephones will depend on <br /> <br />the distance to the nearest such accesible facilities, the number of students in the section, and other <br /> <br />uses of the building. <br /> <br />When leased space is inaccessible <br /> <br /> <br />All programs and activities of a recipient must be accessible regardless of the nature of the <br /> <br /> <br />space-owned. leased or used through some other arrangement. In cases where leased space is <br /> <br />inaccessible, and programs and activities are inaccessible as a result, recipients are not advised to <br /> <br /> <br />break lease contracts on account of section 504, since federal law may not provide justification for <br /> <br />breaking such leases. Where leased space is inaccessible, a recipient should either: <br /> <br /> <br />(1) negotiate with the landlord to have the space made accessible; <br /> <br />(2) relocate the program or activity to accessible space, using the leased space for functions <br /> <br /> <br />that will not impinge upon program accessibility; or <br /> <br />(3) sub-lease the space for the duration of the contract and lease accessible space in its stead, <br /> <br /> <br />The question concerning leased space is clearly addressed in the Office of Revenue Sharing (ORS) <br /> <br /> <br />section-by-seclion analysis accompanying its seclion 504 regulations. Recipient governments cannot <br /> <br />avoid program accessibility requirements merely by conducting their programs and activities in <br /> <br />leased facilities. Programs and activities operated in existing facilities, owned, or leased by the <br /> <br /> <br />recipient must be accessible, If a program or activity' is currently located in a leased facility, <br /> <br />program accessibility requirements still apply, If structural changes are necessary to achieve <br /> <br /> <br />accessibility, and the lessor refuses to make structural changes and no more readily accessible <br /> <br />facility is available, then structural changes in an existing structure will not be required. <br /> <br />Accessible seating at special events <br /> <br />If a recipient sponsors special events such as meetings, theater presentations, or lectures, some <br /> <br /> <br />accessible seating-offering a reasonable selection-must be available for all such events. Special <br /> <br />considerations include: <br /> <br />. In all cases where there is little flexibility for renovation, handicapped persons should, <br /> <br /> <br />whenever possible, be provided seating with a good view of the activity. <br /> <br /> <br />. If accessible seating exists only among the higher priced sealS, such seats may be offered at <br /> <br /> <br />a COSI based on the average price of all seats. <br /> <br />. If possible, recipients ~hould consider the fact that handicapped persons may be attending <br /> <br />the event with nonhandicapped persons with whom they would like to sit. <br /> <br /> <br />Recipients should make every effort to accommodate persons with hearing impairments by <br /> <br />providing close-in seating and/or interpreters. Interpreters should be. situated so as to provide the <br /> <br /> <br />hearing-impaired individual with a view of both the event and the interpreter. <br /> <br />Federal Programs Advisory Service May 1987 <br /> <br />Handicapped Requirements Handbook <br />