1997-037-RES WHEREAS, TEXAS DEPT OF HOUSING AND COMMUNITY AFFAIRS PROVIDES FUNDING

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410:6 When "outside" facilities are used by recipients Regardless of who owns or operales facilities, recipients are responsible for achieving accessibility, on the whole, in facilities used for program-related events to the extent thaI they are: (I) used as part of a formal program of the recipient: or (2) the subject of significant assistance that the recipient provides to the owner or operator of an "outside" facility, (See Appendix I for a discussion of "significant assistance,") If a facility does not fall inlO either of the above two categories, a recipienl may have no responsibilities with regard to its accessibility, Complicated problems may exist with regard to facilities (such as museums, lecture halls and theaters) that are not owned or operated by a recipient but are used as a part of its programs or activities. In such cases, a recipient must make certain that programs and activities are accessible, on the whole. The "on the whole" principle allows recipients 10 utilize some facilities that are not accessible, so long as sufficient options exist to make certain that program accessibility is not compromised, It is advisable when selecting such facilities to choose, if possible, those which are accessible or are operated by federal fund recipients who have seclion 504 obligations of their own. Requirements for accessible parking spaces Readers should be aware that nothing in the federal standards under section 504 requires the provision of parking. The standards applicable to parking come into play only if parking is already being provided, or in the future when such is provided, The Architectural and Transportation Barriers Compliance Board (A&TBCB) access guidelines contain a specific requirement in this area and list a required minimum number of accessible spaces (at Appendix IlI:M:vi). The Uniform Federal Accessibility Standards (UFAS) are also helpful in this area and provide a useful chart (at Appendix III:H:xi). With respect to how high the sign designating a handicapped parking space need be, the UF AS document states that such signs shall be placed so "as not to be obscnted by a vehicle parked in the space." Beyond this, there is no specific height requirement found in the applicable standards under either section 504 or the Architectural Barriers Act (discussed at Chapter 500). , I When outside organizations use a recipient's facilities The question arose as to what responsibility a city government had with respect to ensuring that functions of organizations such as the Boys Scouts, Lions Club, etc" which are held in municipal (federally funded) parks are accessible to disabled persons. Because there is , federal money in the parks, the city has to ensure that city sponsored or supported programs and activities in those parks are accessible. This responsibility, however, does not extend to Handicapped Requirements Handbook Federal programs Advisory Service May 1987