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(j) That sufficient funds will be available to meet the non-Federal share of the cost of constructing the facility;

(k) That sufficient funds will be available when construction is completed for effective use of the facility for the purposes for which it is being constructed;

(1) (1) That any laborer or mechanic employed by any contractor or subcontractor in the performance of work on the construction of the facility will be paid wages at rates not less than those prevailing on similar construction in the locality as determined under the DavisBacon Act (40 U.S.C. 276 et seq.) and will receive compensation at a rate not less than 11⁄2 times his basic rate of pay for all hours worked in any workweek in excess of 8 hours in any calendar day or 40 hours in the workweek (40 U.S.C. 327332); and

(2) That the following conditions and provisions will be included in all construction contracts;

(i) Applicable labor provisions of the Copeland Act (Anti-Kickback) and the Contract Work Hours Standards Act except in the case of contracts in the amount of $2,000 or less;

(ii) The contractor shall furnish performance and payment bonds, each of which shall be in the full amount of the contract price, and shall maintain, during the life of the contract, adequate fire, workmen's compensation, public liability and property damage insurance;

(iii) Representatives of the Administrator and State agency will have access at all reasonable times to work wherever it is in preparation or progress, and the contractor shall provide proper facilities for such access and inspection.

(m) That the facility will be operated and maintained in accordance with the minimum standards prescribed by the appropriate State regulatory agency for the maintenance and operation of such facilities;

(n) That the applicant will incorporate, or cause to be incorporated, into construction contracts paid for in whole or in part with funds obtained from the Federal Government under this subpart, such provisions on nondiscrimination in employment as are required by and pursuant to Executive Order No. 11246, and that the grantee will otherwise comply with requirements prescribed by and pursuant to such order;

(0) That applicant will comply with the provisions of Executive Order No. 11296, relating to evaluation of flood

hazards; and the provisions of Executive Order No. 11288 relating to the prevention, control, and abatement of water pollution;

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(p) That applicant will incorporate into the bid document and construction contracts the standards for the design, construction and alteration of buildings issued by the Administrator of the General Services Administration or the Secretary of Housing and Urban Development pursuant to the Act approved August 12, 1968 (Public Law 90-480). Prior to the issuance of such standards the applicant will incorporate into such bid document and construction contracts the "American Standard Specifications for Making Buildings and Facilities Accessible to, and Usable by, the Physically Handicapped," No. A117.1-1961, as modified from time-to-time.

(q) That the applicant will conform to all the applicable requirements of the State plan and the regulations of this subpart.

§ 416.21

Community_service; services for persons unable to pay; nondiscrimination.

Before an application for the construction of a facility for the mentally retarded is recommended by a State agency for approval, the State agency shall obtain assurances from the applicant that:

(a) The facility will furnish a community service; and that consideration will be given to involvement of residents of the community in management and operation of the facility;

(b) The facility will furnish a reasonable volume of services to persons unable to pay therefor. As used in this paragraph, "persons unable to pay therefor" includes persons who are otherwise selfsupporting but are unable to pay the full cost of needed services. Such services may be paid for wholly or partly out of public funds or contributions of individuals and private and charitable organizations such as Community Chest or may be contributed at the expense of the facility itself. In determining what constitutes a reasonable volume of services to persons unable to pay therefor, there shall be considered conditions in the area to be served by the applicant, including the amount of such services that may be available otherwise than through the applicant. The requirements of assurances from the applicant may be waived if the applicant demonstrates to

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After the State agency has approved a construction application, it shall recommend it to the Administrator for approval and shall certify:

(a) That the application contains reasonable assurance as to the availability of funds for the cost of construction and the entire cost of maintenance and operation when completed;

(1) Availability of funds for the nonFederal share of construction costs shall mean (i) funds immediately available, placed in escrow, or acceptably pledged, or (ii) funds or fund sources specifically earmarked in a sum sufficient for that purpose, or (iii) other assurance acceptable to the Administrator;

(2) To assure the availability of funds for maintenance and operation, the application for the construction of a new project must include a proposed operating budget for the two-year period immediately following its completion. In the case of an addition to an existing facility, the application must include a statement showing that funds are or will be available to meet the difference between proposed expenditures and anticipated income for the operation of the constructed addition for the two-year period immediately following its completion, except that any applicant which is concurrently applying for a staffing grant shall so state and the documentation meeting the requirements of § 416.93 (b) shall be acceptable unless and until the applicant is notified to the contrary.

(b) That the application is in conformity with and contains the assurances required by the State plan and these regulations.

§ 416.23 Request for construction pay

ments.

Payments will be made on the basis of the certification from the State agency

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(a) Construction allotments. (1) The State agency shall be responsible for establishing and maintaining accounts and fiscal controls of all Federal and State funds allotted for construction projects. Federal and State funds shall be separately identified by maintaining separate fund accounts for this purpose.

(2) The fiscal records shall be so designed as to show at any given time the Federal funds allotted, encumbered, and unencumbered balances. If State contributions are made for construction, separate accounts reflecting similar information shall be maintained for State funds.

(b) Construction payments. (1) Where the State may receive Federal funds for applicants for construction project grants, or the State itself is an applicant, adequate records of account and fiscal controls shall be established and maintained by the State to assure proper accounting of all funds received and disbursed. Similar suitable accounts shall be maintained to show the receipt and disbursement of State, local, or other funds used for matching purposes.

(2) The State agency shall require that applicants receiving Federal funds establish and maintain adequate accounting and fiscal records to reflect the receipt and expenditure of funds allotted and paid for construction projects.

(3) The States which by law are authorized to make payments to applicants shall promptly pay such applicants funds certified for payment by the Administrator for approved construction projects.

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time within 20 years after the completion of construction, any facility which received funds under Part C of Title I of the Act is transferred to any person, agency, or organization not qualified to file an application under Part C, Title I of the Act or not approved as a transferee by the State agency; or ceases to be a public or nonprofit facility for the mentally retarded as defined in the Act.

§ 416.26 Good cause for other use of facility.

If within 20 years after completion of any construction for which a construction grant has been made the facility shall cease to be a public or nonprofit facility for the mentally retarded, the Administrator in determining whether there is good cause for releasing the applicant or other owner of the facility from the obligation to continue such facility as a public or other nonprofit facility for the mentally retarded, shall take into consideration the extent to which:

(a) The facility will be devoted by the applicant or other owner to use for another public purpose which will promote the purpose of the Act; or

(b) There are reasonable assurances that for the remainder of the 20-year period other facilities not previously utilized for the care of the mentally retarded will be so utilized and are substantially equivalent in nature and extent for such purposes.

§ 416.27 Appendix A-General standards of construction and equipment. (a) Introduction. The standards set forth in this subpart have been established by the Administrator as required by the Act. These standards constitute minimum requirements for construction and equipment, and shall apply to all projects for which Federal assistance is requested under the Act. Standards for the design, construction and alteration of buildings issued by the Administrator of the General Services Administration or the Secretary of Housing and Urban Development pursuant to the Act approved August 12, 1968 (Public Law 90480), must also be incorporated into the bidding documents and construction contracts for all such projects. Prior to the issuance of such standards the USASI "American Standard Specifications for Making Buildings and Facilities Accessible To and Usable by the Physically Handicapped," No. A117.1-1961, as modified from time-to-time, will be incorporated into such bidding documents

and construction contracts. The Administrator may approve plans and specifications which contain deviations from the requirements prescribed, if he is satisfied that the purposes of such requirements have been fulfilled. In addition to these requirements, it is recognized that the project will have to meet the requirements of codes, ordinances, and regulations relating to zoning and to building construction and fire safety as enforced by State, county, city, or other local jurisdictions. In jurisdictions without such code, it shall be the responsibility of the applicant to consult one of the national building codes generally used in the area for all components of the building type which are not specifically covered by the minimum standards set forth herein provided the requirements of the code are not inconsistent with the minimum standards herein.

(b) Architectural. (1) Facilities shall be fire safe, structurally safe, and so planned as to carry out effectively the proposed program. The following requirements have been established to assure an orderly development of the project and to provide a uniform method for the preparation and review of drawings, specifications, and estimates;

(2) The submission of programs, drawings, outline specifications, and estimates shall be in three stages as follows: (i) First stage. (a) Program.1 (b) Schematic plans.1

(c) Outline specifications.
(d) Site survey.

(e) Estimated construction costs.
(ii) Second stage. (a)

plans.

(b) Outline specifications. (c) Revised cost estimates.

Preliminary

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ridors and vertical shafts, may be of noncombustible construction without a fire-resistive rating;

(iii) Subject to prior approval by the Administrator these requirements may be varied for free-standing facilities containing only educational, recreational, or workshop functions utilized by ambulant groups of mild or moderate levels of mentally retarded.

(2) Buildings more than one story in height shall have a structural framework and building elements of an appropriate fire-resistive combination of materials using steel, concrete and masonry. Load-bearing masonry walls and piers may be utilized for buildings up to and including three stories in height. The fire-resistive requirements of the various building elements shall be of not less than the following hourly ratings:

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boiler rooms, and rooms used for storage of combustible materials_____ 2 (3) Interior finish of walls and ceilings of all exit ways, storage rooms, and areas of unusual fire hazard shall have a flamespread rating of 25 or less. Interior finish of other areas shall have a flamespread rating of less than 75 except that 10 percent of the aggregate wall and ceiling areas of any space may have a flamespread rating up to 200. Flamespread ratings shall be on the basis of tests conducted in accordance with American Society for Testing Materials, Publication No. E84.

(4) Exit facilities: Exit facilities shall comply with the requirements of the Life Safety Code, National Fire Protection, Association Bulletin No. 101, except that in facilities housing other than acute nursing care residents minimum corridor widths shall be 6 feet and all doorways between occupied spaces and required exits and all exit doorways shall be at least 36 inches wide.

(d) Mechanical. All installations of fuel-burning equipment, steam, heating, air conditioning and ventilation, and plumbing systems shall meet all requirements of local and State codes and regu

lations and shall comply with applicable standards of the following national associations and agencies.

(1) The American Insurance Association (formerly National Board of Fire Underwriters), 85 John Street, New York, N.Y. 10038.

(2) National Fire Protection Association, 60 Batterymarch Street, Boston, Mass. 02110.

(3) United States of America Standards Institute (formerly American Standards Association), 10 East 40th Street, New York, N.Y. 10010.

(4) American Gas Association, 1725 Eye Street NW., Washington, D.C. 20006. (5) Report of PHS Technical Committee on Plumbing Standards-PHS Publication No. 1038.

(6) American Society of Mechanical Engineers, 29 West 39th Street, New York, N.Y. 10008 (codes relating to pressure vessels).

(e) Electrical. All electrical installations and equipment shall comply with the requirements of local and State codes and the applicable sections of the National Electric Code and the following:

(1) Hazardous locations: Installations and equipment in rooms in which flammable anesthetic and disinfecting agents are used to store shall comply with the requirements of NFPA No. 56 and No. 70.

(2) Fire alarms: Manually operated fire alarm system installations shall comply with the requirements of NFPA No. 72 and shall be located as required by the Life Safety Code, NFPA No. 101.

(3) If radiation producing equipment is used, rooms in which it is located shall be protected in compliance with applicable requirements and standards of the National Bureau of Standards.

(4) Emergency electric service: Emergency exit lighting shall comply with the requirements of the National Electrical Code and shall be located as required by the Life Safety Code, NFPA No. 101.

(f) Elevators, dumbwaiters, escalators. (1) Installation of elevators, dumbwaiters, and escalators shall comply with the requirements of the American Standard Safety Code of Elevators, Dumbwaiters, and Escalators, ASA A17.1A-1967.

(2) Any multistory mental retardation facility with services, other than for staff, located on one or more floors above the first shall have at least one electric or electrohydraulic elevator except that elevators are not required in two-story buildings of residential occupancy, only,

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Professional and technical staff for the purpose of this section shall include such staff as physicians, psychologists, social workers, nurses, physical therapists, occupational therapists, special educators, nutritionists, vocational counselors, vocational evaluators, recreational specialists, speech and hearing pathologists, dentists, administrators, aides in professional and technical fields and staff in such other positions as the Administrator may approve.

§ 416.92 Conditions of eligibility.

(a) A grant may be made only if the applicant is a public or nonprofit agency or organization which owns or operates a facility for the mentally retarded; and (1) a grant was made under Title I, Part C of the Act to assist in the construction of the facility, or (2) a new type of service will be provided in an existing facility;

(b) The facility must provide one or more of the comprehensive services for the mentally retarded and be principally designed to serve the needs of the particular community in or near which the facility is or will be located;

(c) In the case of (1) a diagnostic and evaluation clinic, services shall be provided for an annual caseload of not less than 150 or more than 300 retardates; (2) a day facility, services shall be provided for not less than 40 or more than 200 retardates; and (3) a residential facility, services shall be provided for not less than 40 or more than 500 retardates. However, the Administrator may, at any time, modify the caseload requirements

of these facilities if he finds that such modifications conform with acceptable program standards;

(d) If the requirements for a grant are met in each instance, there shall be no maximum number of initial staffing grants for which a facility may be eligible;

(e) The type of services will not be regarded as having been previously provided by the facility if it is a component of service: (1) Which during the 2 years immediately preceding an initial grant period has not been provided by the applicant or any predecessor of the applicant in any form, or (2) which the applicant proposes to provide in accordance with methods of treatment or delivery of services not used by the applicant or predecessor of the applicant during such 2-year period, or (3) which the applicant proposes to provide in a way designed to meet the needs of a specific group not served by such a specific program during such 2-year period, or (4) which represents the portion of an expanded component of service attributable to the needs of persons residing in an area where such component was not provided during such 2year period, or (5) which has been provided by the applicant or predecessor of the applicant only on a pilot or developmental basis for a period of 9 months or less;

(f) The State mental retardation construction agency shall be requested to submit to the Administrator an evaluation of the application as to the feasibility and effectiveness of the proposal in achieving new and adequate services for the mentally retarded in the community; a statement indicating the relationship of the application to the purposes and priorities of the State construction plan for the mentally retarded; and, such information as the Administrator may require in order to make a finding that Federal funds applied for will be supplemental and that non-Federal funds for mental retardation services have not declined and will not decline in the State during the project period. § 416.93

Applications.

Each application shall be submitted to the appropriate Regional Commissioner and shall be in the form and detail required by the Administrator.

(a) The initial application for each project shall include the following information:

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