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or impeded, and that windows and other building accesses are closed during the heating and cooling seasons.

(b) Except where special circumstances exist, illumination levels shall be maintained as near as is practical to the following standards:

(1) 50 foot-candles at work station surfaces, measured at a height of 30 inches above floor level, during working hours (For visually difficult or critical tasks, additional lighting may be authorized by the GSA buildings manager or by agencies that have been given delegated authority to perform buildings management functions.);

(2) 30 foot-candles in work areas during working hours, measured at 30 inches above floor level;

(3) 10 foot-candles, but not less than 1 foot-candle nonwork areas, sufficient to ensure safety in non-work areas during working hours. (Normally this will require levels of 5 foot-candles at elevator boarding areas, minimum of 1 foot-candle at the middle of corridors and stairwells as measured at the walking surface, and 1 foot-candle at the middle of corridors and stairwells as measured at the walking surface, and 10 foot-candles in storage areas.); and

(4) Other lighting essential for safety and security purposes, including exit signs and exterior lights, shall be maintained.

(c) Within the limitations of the building systems, heating and cooling systems shall be operated in the most overall energy efficient and economical manner.

(1) Temperatures will be maintained to maximize customer satisfaction by conforming to local commercial equivalent temperature levels and operating practices. GSA will seek to minimize energy use while operating its buildings in this manner. During non-working hours, heating temperatures shall be set no higher than 55 degrees Fahrenheit and air-conditioning will not be provided except as necessary to return space temperatures to a suitable level for the beginning of working hours.

(2) The locations used for measurement of temperatures to determine compliance will be representative of the spaces to be heated or cooled.

(3) Work stations which are the most adversely affected may be the basis for establishing the temperature levels throughout that portion of the building.

(4) Reheating, humidification, and simultaneous heating and cooling shall not be permitted.

(5) During extreme weather conditions, building systems shall be operated as necessary to protect the physical condition of the building.

(d) The operation of portable heaters, fans, and other such devices in Government-controlled space is prohibited unless authorized by the GSA buildings manager or by agencies that have been given delegated authority to perform buildings management functions.

(e) During working hours in periods of heating and cooling, provide ventilation in accordance with ASHRAE Standard 62, Ventilation for Acceptable Indoor Air Quality where physically practical. Where not physically practical, provide the maximum allowable amount of ventilation during periods of heating and cooling and pursue opportunities to increase ventilation up to current standards. ASHRAE Standard 62 is available from ASHRAE Publications Sales, 1791 Tullie Circle NE, Atlanta, GA 30329-2305.

(f) Energy standards for existing buildings will be no less stringent than those prescribed by the American Society of Heating, Refrigerating, and Air Conditioning Engineers and the Illuminating Engineering Society of North American in ASHRAE/IES Standard 90A-1980 as amended by Department of Energy (DOE). These energy standards are applicable where they can be achieved through life cycle, cost effective actions.

(g) Exceptions to the foregoing policies may be necessary for specialized requirements of for agencies to accomplish their missions more effectively and efficently. Such exceptions may be granted by the GSA buildings manager or by agencies that have been given delegated authority to perform buildings management functions.

(h) Contracting officers shall ensure that all new lease contracts are in conformance with the policies prescribed (d) GSA and other Federal agencies may also consider the advisability of establishing staggered duty hours in areas outside Metropolitan Washington where major concentrations of Federal employees exist.

8 101-20.109 Concessions.

in this $ 101–20.107. Existing lease contracts shall be administered in accordance with these policies to the maximum extent feasible.

(i) Each agency shall report to the Department of Energy (DOE) the energy consumption in buildings, facilities, vehicles, and equipment under its control within 45 calendar days after the end of each quarter as specified in the DOE Federal Energy usage Report DOE F 6200.2 instructions. This report has been cleared in accordance with FPMR 101–11.11,1 Interagency Reports Management Program, and assigned interagency report control number 1492 DOE OU.

(52 FR 11263, Apr. 8, 1987; 52 FR 24158, July 29, 1987, as amended at 60 FR 17653, Apr. 7, 1995)

§ 101–20.108 Staggered hours of duty.

(a) The GSA Regional Administrator, National Capital Region, is responsible for putting into effect the policy of maintaining staggered duty hours in Metropolitan Washington, DC. For purposes of this regulation, “Metropolitan Washington” means the Washington Standard Metropolitan Statistical Area (SMSA) as defined by the Department of Commerce.

(b) Any agency planning a change in its schedule of duty hours which will affect 50 or more employees shall submit the changes to the GSA Regional Administrator, (WA) Washington, DC, 20407, for approval prior to implementation. The agency shall indicate the number of employees affected, the present and proposed hours of duty, and the reasons for the change in schedule. The agency shall also coordinate with the employees and their union(s) to determine the percentage of employees in favor of the proposed change.

(c) The GSA Regional Administrator, National Capital Region, shall coordinate the proposed change with appropriate authorities to ensure that the change will not create congestion or disruptions in traffic or transportation flow patterns.

(a) The provisions of this section do not apply to blind vending facilities op erated under the Randolph-Sheppard Act (20 U.S.C. 107 et seq.); regulations governing this program are continued in subpart 101–20.2.

(b) GSA is responsible for the planning, provision, and administration of essential concessions in buildings under its control. GSA will enter into and award concessions contracts, provide suitable space and facilities, if required, and administer applicable inspection and oversight functions. Officials of occupant agencies shall convey concerns to GSA and shall not instruct concessionaires regarding their operations.

(c) Subject to the availability of space, prior to establishing concessions, GSA will ensure that:

(1) The proposed concession will offer only essential services which are needed by employees, and which cannot be conveniently obtained from existing facilities, (Consultation will be held with occupant agencies.);

(2) The proposed concession will be established and operated in conformance with applicable policies, safety, health, and sanitation codes, laws, regulations, etc., and will not contravene the terms of any lease or other contractual arrangement;

(3) Sufficient funds are legally available to cover all costs for which the Government may be responsible; and

(4) All contracts will be financially self-supporting and not compete with nearby commercial enterprise.

(d) Public Law 104-52, Section 636, prohibits the sale of tobacco products in vending machines in Governmentowned and leased space under the custody and control of GSA. The Administrator of GSA or the head of an Agency may designate areas not subject to the

1 EDITORIAL NOTE: At 50 FR 26908, June 28, 1985, 41 CFR part 101-11 was recodified as 41 CFR parts 201-22 and 201-45. The reference to FPMR 101-11.11 should read FIRMR 201-45.6.

prohibition, if the area prohibits minors and reports are made to the appropriate committees of Congress.

(52 FR 11263, Apr. 8, 1987, as amended at 61 FR 2122, Jan. 25, 1996]

Subpart 101-20.2-Vending Facility Program for Blind Persons

8 101-20.200 Scope of subpart.

This subpart contains the policy and procedures for ensuring the priority of blind vendors in operating vending facilities on GSA-controlled property.

g 101–20.201 Policy.

Blind vendors licensed by State licensing agencies designated by the Secretary of Education under the provisions of the Randolph-Sheppard Act (20 U.S.C. 107 et seq.) shall be given priority in the location and operating of vending facilities, including vending machines, on GSA-controlled property provided the location or operation of such facility would not adversely affect the interests of the United States. Blind vendors shall also be given priority on GSA-controlled property in the operation of cafeterias according to 34 CFR 395.33.

8 101–20.204 Terms of permit.

Every permit shall describe the location of the vending facility including any vending machines located on other than the facility premises and shall be subject to the following provisions:

(a) The permit shall be issued in the name of the applicant State licensing agency which shall:

(1) Prescribe such procedures necessary to assure that in the selection of vendors and employees for vending facilities there shall be no discrimination because of sex, race, age, creed, color, national origin, physical or mental disability, or political affiliation; and

(2) Take the necessary action to assure that vendors do not discriminate against any persons in furnishing, or by refusing to furnish, to such person or persons the use of any vending facility, including any and all services, privileges, accommodations, and activities provided thereby, and comply with title VI of the Civil Rights Act of 1964 and GSA regulations issued pursuant thereto.

(b) The permit shall be issued for an indefinite period of time subject to suspension or termination on the basis of compliance with agreed upon terms.

(c) The permit shall provide that:

(1) No charge shall be made to the State licensing agency for normal cleaning, maintenance, and repair of the building structure in and adjacent to the vending facility areas;

(2) Cleaning necessary for sanitation, and the maintenance of vending facilities and vending machines in an orderly condition at all times, and the installation, maintenance, repair, replacement, servicing, and removal of vending facility equipment shall be without cost to GSA; and

(3) Articles sold at vending facilities operated by blind licensees may consist of newspapers, periodicals, publications, confections, tobacco products, foods, beverages, chances for any lottery authorized by State law and conducted by an agency of a State within such State, and other articles or services as are determined by the State licensing agency, in consultation with GSA to be suitable for a particular 10cation. Such articles and services may

g 101-20.202 Establishing vending fa

cilities. (a) GSA shall not acquire a building by ownership, rent, or lease, or occupy a building to be constructed, substantially altered, or renovated unless it is determined that such buildings contain or will contain a "satisfactory site” as defined in 34 CFR 395.1q, for the location and operating of a blind vending facility.

(b) In accordance with 34 CFR 395.31, GSA shall provide the appropriate State licensing agency with written notice of its intention to acquire or otherwise occupy such building. Providing notification shall be the responsibility of the Buildings Management Division, GSA.

8 101-20.203 Application for permit.

Applications for permits for the operation of vending facilities other than cafeterias shall be made in writing on the appropriate form, and submitted for the review and approval of GSA.

for vending facility locations received from State licensing agencies, the number accepted, the number denied, the number still pending, the total amount of vending machine income collected, and the amount of such vending machine income disbursed to the State licensing agency in each State.

Subpart 101-20.3-Conduct on

Federal Property

be dispensed automatically or manually and may be prepared on or off the premises. Public Law 104-52, Section 636, prohibits the sale of tobacco products in vending machines in Government-owned and leased space under the custody and control of GSA.

(d) The permit shall further provide that vending facilities shall be operated in compliance with applicable health, sanitation, and building codes or ordinances.

(e) The permit shall further provide that installation, modification, relocation, removal, and renovation of vending facilities shall be subject to the prior approval and supervision of the Director, Buildings Management Division, GSA, and the State licensing agency; that costs of relocations initiated by the State licensing agency shall be paid by the State licensing agency; that costs of relocations initiated by the Director, Buildings Management Division, shall be paid by GSA; and that all plumbing, electrical, and mechanical costs related to the renovation of existing facilities shall be paid by GSA.

(f) The operation of a cafeteria by a blind vendor shall be covered by a contractual agreement and not by a permit. The State licensing agency shall be expected to perform under the same contractual arrangement applicable to commercial cafeteria operators.

8 101-20.300 Applicability.

These rules and regulations apply to all property under the charge and control of the General Services Adminstration and to all persons entering in or on such property. Each occupant agency shall be responsible for the observance of these rules and regulations.

§ 101–20.301 Inspection.

Packages, briefcases, and other containers in the immediate possession of visitors, employees, or other persons arriving on, working at, visiting, or departing from Federal property, are subject to inspection. A full search of a person and any vehicle driven or occupied by the person may accompany an arrest.

(52 FR 11263, Apr. 8, 1987, as amended at 61 FR 2122, Jan. 25, 1996)

8 101–20.205 Enforcement procedures.

(a) The State licensing agency shall attempt to resolve day-to-day problems pertaining to the operation of the vending facility in an informal manner with the participation of the blind vendor and the buildings manager.

(b) Unresolved disagreements concerning the terms of the permit, the Act, or the regulations in this part and any other unresolved matters shall be reported in writing to the State licensing agency supervisory personnel by the GSA regional office in an attempt to resolve the issue.

g 101-20.302 Admission to property,

Property shall be closed to the public during other than normal working hours. The closing of property will not apply to that space in those instances where the Government has approved the after-normal-working-hours use of buildings or portions thereof for activities authorized by subpart 101–20.4. During normal working hours, property shall be closed to the public only when situations require this action to ensure the orderly conduct of Government business. The decision to close the property shall be made by the designated official under the Occupant Emergency program after consultation with the buildings manager and the ranking representative of the Law Enforcement Branch responsible for protection of the facility or the area. The designated official is defined in $101– 20.003(g) as the highest ranking official of the primary occupant agency, or the alternate highest ranking offical or

101–20.206 Reports.

At the end of each fiscal year, GSA shall report to the Secretary of Education the total number of applications

designee selected by mutual agreement property is prohibited. This prohibition by other occupant agency officials. shall not apply to the vending or exWhen property, or a portion thereof, is change of chances by licensed blind opclosed to the public, admission to this erators of vending facilities for any property, or a portion, will be re- lottery set forth in a State law and austricted to authorized persons who thorized by section 2(a)(5) of the Ranshall register upon entry to the prop- dolph-Sheppard Act (20 U.S.C. 107, et erty and shall, when requested, display seq.) Government or other identifying credentials to the Federal Protective Offi- g 101-20.307 Alcoholic beverages and cers or other authorized individuals

narcotics. when entering, leaving, or while on the

Operations of a motor vehicle while property. Failure to comply with any

on the property by a person under the of the applicable provisions is a viola- influence of alcoholic beverages, nartion of these regulations.

cotic drugs, hallucinogens, marijuana,

barbiturates, or amphetamines is pro[53 FR 129, Jan. 5, 1988]

hibited. Entering upon the property, or g 101–20.303 Preservation of property. while on the property, under the influ

ence of or using or possessing any narThe improper disposal of rubbish on

cotic drugs, hallucinogens, marijuana, property; the willful destruction of or

barbiturates, or amphetamines is prodamage to property; the theft of prop

hibited. The prohibition shall not apply erty; the creation of any hazard on

in cases where the drug is being used as property to persons or things; the

prescribed for a patient by a licensed throwing of articles of any kind from

physician. Entering upon the property, or at a building or the climbing upon

or being on the property, under the instatues, fountains, or any part of the

fluence of alcoholic beverages is probuilding, is prohibited.

hibited. The use of alcoholic beverages $ 101–20.304 Conformity with signs and

on property is prohibited except, upon directions.

occasions and on property upon which

the head of the responsible agency or Persons in and on property shall at

his or her designee has for appropriate all times comply with official signs of

official uses granted an exemption in a prohibitory, regulatory, or directory

writing. The head of the responsible nature and with the lawful direction of

agency or his or her designee shall proFederal Protective Officers and other

vide a copy of all exemptions granted authorized individuals.

to the buildings manager and the Chief, 8 101–20.305 Disturbances.

Law Enforcement Branch, or other au

thorized officials, reponsible for the seAny loitering, disorderly conduct, or

curity of the property. other conduct on property which creates loud or unusual noise or a nui- (53 FR 129, Jan, 5, 1988) sance; which unreasonably obstructs the usual use of entrances, foyers, lob

$ 101-20.308 Soliciting, vending, and

debt collection. bies, corridors, offices, elevators, stairways, or parking lots; which otherwise Soliciting alms, commercial or politimpedes or disrupts the performance of ical soliciting, and vending of all official duties by Government employ- kinds, displaying or distributing comees; or which prevents the general pub- mercial advertising, or collecting prilic from obtaining the administrative vate debts on GSA-controlled property services provided on the property in a is prohibited. This rule does not apply timely manner, is prohibited.

to:

(a) National or local drives for funds § 101-20.306 Gambling.

for welfare, health, or other purposes Participating in games for money or as authorized by 5 CFR, parts 110 and other personal property or the operat- 950, Solicitation of Federal Civilian ing of gambling devices, the conduct of and Uniformed Services Personnel for a lottery or pool, or the selling or pur- Contributions to Private Voluntary Orchasing of numbers tickets, in or on ganizations issued by the U.S. Office of

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