Architectural
Barriers
Administrative Rules of the
Texas
Department of Licensing and Regulation
16 Texas Administrative Code, Chapter 68
TABLE OF CONTENTS
68.1.
Authority
68.10.
Definitions
68.20. Building
and Facilities Subject to Compliance with the Texas Accessibility Standards
68.30.
Exemptions
68.31.
Variance Procedures
68.50.
Submission of Construction Documents
68.51.
Review of Construction Documents
68.52.
Inspections
68.53.
Corrective Modifications Following Inspection
68.54.
Notice of Compliance
68.65.
Advisory Committee
68.70.
Registered Accessibility Specialists--Qualifications for Certification
68.75.
Responsibilities of the Registered Accessibility Specialist
68.76.
Standards of Conduct for the Registered Accessibility Specialist
68.79.
Contract Providers
68.80. Fees
68.90.
Administrative Sanctions or Penalties
68.93.
Complaints, Investigation, and Audits
68.100.
Technical Standards and Technical Memoranda
68.101.
State Leases (initial or renewed)
68.1 . Authority. (Effective June 1, 1994, 19 TexReg 3485; amended effective December 5, 1999, 24 TexReg 10855, repealed effective November 5, 2001, 26 TexReg 8807; new rule section effective November 5, 2001, 26 TexReg 8807)
These rules are promulgated under the authority of the Architectural Barriers Act, Texas Civil Statutes, Article 9102 and Texas Occupations Code, Chapter 51.
68.10. Definitions. (Effective June 1, 1994, 19 TexReg 3485; amended effective December 5, 1999, 24 TexReg 10855; amended effective June 26, 2000, 25 TexReg 6122; repealed effective November 5, 2001, 26 TexReg 8807; new rule section effective November 5, 2001, 26 TexReg 8807)
(1) Act--The Texas Architectural Barriers Act, Texas Civil Statutes, Article 9102.
(2) Building--Any structure located in the State of Texas that is used and intended for supporting or sheltering any use or occupancy.
(3) Business days--Calendar days, not including Saturdays, Sundays, and legal holidays.
(4) Commencement of Construction--Placement of engineering stakes, delivery of lumber or other construction materials to the job site, erection of batter boards, formwork, or other construction related work.
(5) Commissioner--As used in Article 9102 and in this chapter, has the same meaning as Executive Director.
(6) Completion of Construction--That phase of a construction project which results in occupancy or the issuance of a certificate of occupancy.
(7) Construction Documents--Documents used for construction of a building or facility, including working drawings, specifications, addenda, and applicable change orders.
(8) Contract Provider--The state agency or political subdivision under contract with the department to perform plan reviews, inspections, or both.
(9) Designated Agent--An individual designated by the owner to act on the owner's behalf.
(10) Facility--All or any portion of buildings, structures, site improvements, complexes, equipment, roads, walks, passageways, parking lots, or other real property located in the State of Texas.
(11) Issue--To mail or deliver plans or specifications to an owner, lessee, contractor, subcontractor, or any other person acting for an owner or lessee for the purpose of construction, or in the case of a state-funded or other public works project, for the purpose of publicly posting the project for bids, after such plans or specifications have been sealed by an architect, interior designer, landscape architect, or engineer.
(12) Lessee--With respect to state leased or occupied space, the state agency that enters into a contract with a building owner. In instances of free space or where a written contract is non-existent, reference to the lessee shall mean the occupying state agency.
(13) Overall responsibility--The level of responsibility held by an architect, landscape architect, interior designer, or engineer who prepares construction documents for and coordinates the various aspects of the design of a building or facility.
(14) Owner--The person or persons, company, corporation, authority, commission, board, governmental entity, institution, or any other entity that holds title to the subject building or facility. For purposes under these rules and the Act, an owner may designate an agent.
(15) Registered Building or Facility--For the purposes of Article 9102, §5(k), a registered building or facility is a construction project that has been assigned a project registration number by the department.
(16) Registered Accessibility Specialist--An individual who is certified by the department to perform the review functions, inspection functions, or both review and inspection functions of the department.
(17) Religious Organization--An organization that qualifies as a religious organization as provided in Vernon’s Texas Statutes and Codes Annotated Tax Code, Title 1, Subtitle C, Chapter 11, §11.20(c).
(18) Renovated, Modified, or Altered--Any construction activity, including demolition, involving any part or all of a building or facility. Cosmetic work and normal maintenance do not constitute a renovation, modification, or alteration.
(19) Rules--Title 16, Texas Administrative Code, Chapter 68, the administrative rules of the Texas Department of Licensing and Regulation promulgated pursuant to the Texas Architectural Barriers Act.
(20) State Agency--A board, commission, department, office, or other agency of state government.
(21) TAS--the Texas Accessibility Standards.
(22) Variance Application--The formal documentation filed with the department, by which the owner petitions the department to rule on the impracticality of applying one or more of the standards or specifications to a building or facility.
68.20 . Buildings and Facilities Subject to Compliance with the Texas Accessibility Standards. (New rule section effective November 5, 2001, 26 TexReg 8807)
(a) A
building or facility is subject to compliance with the Texas Accessibility
Standards (hereinafter "TAS") if:
(1)
public funds from a municipality, county, the state, or any political
subdivision of the state are used any time during the construction process;
(2) a municipality, county, the
state, or any political subdivision of the state donate land or other use of
public lands on which buildings or facilities are constructed with private
funds; or
(3) constructed with private funds
with the intent of donating or deeding to a public entity.
(b) Buildings or facilities that are
leased or rented to the state:
(1) need not be registered with the
department for plan review and inspection if the annual lease expense is
$12,000 or less.
(2) may be exempted from compliance
if it is determined by the occupying agency that the space will not be used by
the public and that the occasion for employment for persons with disabilities
is improbable because of the essential job functions. The agency shall, prior to advertisement for bid, submit to the
department for a determination a completed Lease Evaluation Form obtained from
the department. If a Lease Evaluation
Form is not submitted, compliance with all applicable standards shall be
required.
(c) The following private entities
are considered public accommodations and subject to the Act:
(1) an inn, hotel, motel, or other
place of lodging except for an establishment located within a building that
contains not more than five rooms for rent or hire and that is actually
occupied by the proprietor of such establishment as the residence of such
proprietor;
(2) a restaurant, bar, or other
establishment serving food or drinks;
(3) a motion picture house, theater,
concert hall, stadium, or other place of exhibition or entertainment;
(4) an auditorium, convention center,
lecture hall, or other place of public gathering;
(5) a bakery, grocery store, clothing
store, hardware store, shopping center, or other sales or rental establishment;
(6) a laundromat, dry-cleaner, bank,
barber shop, beauty shop, travel service, shoe repair service, funeral parlor,
gas station, office of an accountant or lawyer, pharmacy, insurance office,
professional office of a health care provider, hospital, or other service
establishment;
(7) a terminal, depot, or other
station used for specified public transportation;
(8) a park, zoo, amusement park, or
other place of recreation;
(9) a museum, library, gallery, or
other place of public display or collection;
(10) a nursery, elementary,
secondary, undergraduate, or postgraduate private school, or other place of
education;
(11) a day care center, senior
citizen center, homeless shelter, food bank, adoption agency, or other social
service center establishment; and
(12) a gymnasium, health spa, bowling
alley, golf course, or other place of exercise or recreation.
(d) Commercial facilities are subject
to the Act if they are intended for non-residential use and if their operations
will affect commerce. Such application
shall not include railroad locomotives, railroad freight cars, railroad
cabooses, railroad cars described in the Americans with Disabilities Act (ADA)
§242, or covered under the ADA, Title III, railroad rights-of-way, or
facilities that are covered or expressly exempted from coverage under the
federal Fair Housing Act of 1968.
(e) Buildings or facilities of a religious organization are subject to the Act except for areas exempted under §68.30 of this title (relating to Exemptions).
(f) Buildings or facilities not subject to the Act may be reviewed and/or inspected upon request and payment of the applicable fee(s).
68.30 . Exemptions. (Effective June 1, 1994, 19 TexReg 3485; amended effective May 6, 1998, 23 TexReg 4263; amended effective December 5, 1999, 24 TexReg 10855; amended effective June 26, 2000, 25 TexReg 6122; repealed effective November 5, 2001, 26 TexReg 8807; new rule section effective November 5, 2001, 26 TexReg 8807)
The following buildings, facilities,
or spaces are exempt from the provisions of the Act:
(1) Federal Property. Buildings or facilities owned, operated, or
leased by the federal government;
(2) Construction Sites. Structures, sites, and equipment directly
associated with the actual processes of construction, including, but not
limited to, scaffolding, bridging, materials hoists, materials storage,
construction trailers, portable toilet units provided for use exclusively by
construction personnel on a construction site;
(3) Raised Security Areas. Raised areas used primarily for purposes of
security, life safety, or fire safety, including, but not limited to,
observation galleries, prison guard towers, fire towers, or lifeguard stands;
(4) Limited Access Spaces. Spaces accessed only by ladders, catwalks,
crawl spaces, very narrow passageways, or tunnels;
(5) Equipment Spaces. Spaces frequented primarily by personnel for
maintenance, repair, or periodic monitoring of equipment. Such spaces include, but are not limited to,
elevator pits, elevator penthouses, mechanical, electrical, or communications
equipment rooms, piping or equipment catwalks, petroleum and chemical
processing and distribution structures, electric substations and transformer
vaults, environmental treatment structures, and highway and tunnel utility
facilities.
(6) Single Occupant Structures. Single occupant structures accessed only by
passageways below grade or elevated above grade, including but not limited to,
toll booths that are accessed only by underground tunnels.
(7) Restricted Occupancy Spaces. Vertical access (elevators and platform
lifts) is not required for the second floor of two-story control buildings
located within a chemical manufacturing facility where the second floor is
restricted to employees and does not contain common areas or employment
opportunities not otherwise available in accessible locations within the same
building.
(8) Places Used Primarily for Religious Rituals. Within a building or facility of a religious organization, an area used primarily for religious ritual, as determined by the owner or occupant. To facilitate the plan review, the owner or occupant shall include a clear designation of such areas with the plans submitted for review. This exemption does not apply to common areas. Examples of common areas include, but are not limited to, the following: parking facilities, accessible routes, walkways, hallways, toilet facilities, entrances, public telephones, drinking fountains, and exits.
68.31. Variance Procedures. (Effective June 1, 1994, 19 TexReg 3485; amended effective May 6, 1998, 23 TexReg 4263; amended effective June 26, 2000, 25 TexReg 6122; repealed effective November 5, 2001, 26 TexReg 8807; new rule section effective November 5, 2001, 26 TexReg 8807)
(a) Requests to waive or modify a
standard shall be submitted on the Variance Application form prescribed by the
department. A separate variance application shall be submitted for each
condition within a single building or facility.
(b) Variance applications shall be
submitted by the owner of the subject building or facility, and shall be
accompanied by the applicable fee.
(c) A denial of a variance
application may be appealed to the Director of Code Review and Inspections, or
his designate, in writing within 21 calendar days from issuance, upon payment
of the applicable appeal fee.
(d) A denial of a variance appeal
from the Director of the Code Review and Inspections Division may be appealed
to the Executive Director of the Texas Department of Licensing and Regulation,
or his designate, in writing within ten days of notification of the Division
Director's decision. The decision of
the Executive Director may be appealed to the Texas Commission of Licensing and
Regulation in writing within ten calendar days of notification of the Executive
Director's decision.
(e) At each stage of the variance
process, the party making the request shall be advised in writing of the
determination.
68.50. Submission of Construction Documents. (New rule section effective November 5, 2001, 26 TexReg 8807)
(a) An architect, interior designer,
landscape architect, or engineer with overall responsibility for the design of
a building or facility subject to subsection 5(j) of the Architectural Barriers
Act, shall mail, ship, or hand-deliver the construction documents to the
department, a registered accessibility specialist, or a contract provider not
later than five (5) business days after the design professional issues the
construction documents.
(b) An Architectural Barriers Project
Registration form must be completed for each subject building or facility and
submitted along with the applicable fees not later than ten (10) business days after the design
professional issues the construction documents.
(c) In projects involving multiple
phases, construction documents pertaining to each phase shall be submitted in
accordance with this chapter.
(d) In projects involving "fast-track"
construction, partial submittals of construction documents may be made. Construction documents pertaining to each
portion of the work shall be submitted in accordance with these rules.
(e) When bid packages involve
multiple facilities such as prototypes or other identical facilities, only one
set of construction documents need be submitted. An Architectural Barriers Project Registration form must be
submitted for each separate building and facility. Construction documents noting site adaptations are required for
each location.
68.51. Review of Construction Documents. (New rule section effective November 5, 2001, 26 TexReg 8807)
(a) After review, the person making the submission
will be advised in writing of the results.
Construction documents will be approved only when the documents reflect
compliance with all applicable accessibility standards. Conditional approval may be granted when it
is determined that resubmittals are not warranted. Conditional approvals will refer to all items noted during the
review which must be included in the design and construction of the building or
facility.
(b) Construction documents received
by the department, a registered accessibility specialist, or a contract
provider shall become the property of the department.
(c) When the department, a registered accessibility specialist, or a contract provider requires verification of design revisions, such verifications may be made by submission of revised construction documents, change orders, addenda, and letters specifically addressing each revision.
(1) Resubmittals will be reviewed and
the person making the resubmittal will be advised of the results. Resubmittals will be approved only when the
resubmittal reflects compliance with all applicable accessibility standards.
Conditional approval may be granted when it is determined that additional
submittals are not warranted.
(2) Resubmittals received after completion of construction, based on the recorded estimated completion date, may not be reviewed but will become a matter of record.
68.52. Inspections. (New rule section effective November 5, 2001, 26 TexReg 8807)
(a) The building or facility owner
shall request an inspection from the department, a registered accessibility
specialist, or a contract provider no later than thirty (30) calendar days
after the completion of construction, renovation, modification, or alteration
of the subject building or facility.
(b) Inspections shall be performed
during the normal operating hours of the owner. Any deviation from operating hours shall be at the convenience of
the owner.
(c) The department, registered
accessibility specialist, or contract provider shall notify the owner of an
impending inspection, and obtain the owner's approval to proceed with the
inspection.
(d) The owner shall be advised in writing of the results of each inspection.
68.53. Corrective Modifications Following Inspection. (New rule section effective November 5, 2001, 26 TexReg 8807)
When corrective modifications to
achieve compliance are required, the department, registered accessibility
specialist, or contract provider shall:
(1) provide the owner a list of
deficiencies and a deadline for completing modifications;
(2) grant an extension, consistent with established procedures, if satisfactory evidence is presented showing that the time period specified is inadequate to perform the necessary corrections; and
(3) require written verification of corrective modifications from the owner, as needed.
68.54. Notice of Compliance. (New rule section effective November 5, 2001, 26 TexReg 8807)
The
Department shall provide a Notice of Substantial Compliance to the owner, after
a newly constructed building or facility has had a satisfactory inspection or
submitted verification of corrective modifications.
68.65. Advisory Committee. (Effective June 1, 1994, 19 TexReg 3485; amended effective October 1, 1995 20 TexReg 7279; amended effective December 5, 1999, 24 TexReg 10855; amended effective June 26, 2000, 25 TexReg 6122; repealed effective November 5, 2001, 26 TexReg 8807)
(a)
The purpose of the Architectural Barriers Advisory Committee is to review rules
and Technical Memoranda relating to the Architectural Barriers program and
recommend changes in the rules and Technical Memoranda to the Commission and
the Executive Director.
(b) Recommendations of the committee
will be transmitted to the Commission by the Executive Director through the
Director of the Code Review and Inspections Division.
(c) Committee meetings are called by
the chair or Executive Director.
Meetings in excess of those mandated by the Act may be authorized by the
Executive Director.
(d) Expenses reimbursed to committee
members shall be limited to authorized expenses incurred while on committee
business and traveling to and from committee meetings. The least expensive method of travel should
be used. Expenses can be reimbursed to
committee members only when the legislature has specifically appropriated money
for that purpose.
(e) Expenses paid to committee
members shall be limited to those allowed by the State of Texas Travel
Allowance Guide and the Texas Department of Licensing and Regulation policies
governing travel allowances for employees.
(f) The committee shall consist of four building professionals and five consumers. A majority of the Committee shall be persons with disabilities. Committee members will serve staggered three-year terms.
68.70. Registered Accessibility Specialists--Qualifications for Certification. (New rule section effective November 5, 2001, 26 TexReg 8807)
(a) An applicant seeking departmental
certification as a registered accessibility specialist in order to perform plan
review services shall meet the following minimum qualifications:
(1) Any one of the following:
(A) a degree in architecture,
engineering, interior design, landscape architecture, or equivalent, and a
minimum of one year experience related to building planning, accessibility
design or review, or equivalent; or
(B) eight years experience related to
building planning, accessibility design or review, or equivalent; or
(C) four years experience related to building planning, accessibility design or review, or equivalent, and certification as an accessibility specialist granted by a model building code organization; and
(2) satisfactory completion of the
Texas Accessibility Academy; and
(3) pass an examination approved by
the department.
(b) An applicant seeking departmental
certification as a registered accessibility specialist in order to provide inspection services shall meet the
following minimum qualifications:
(1) Any one of the following:
A) minimum of a high
school diploma or equivalent; and
(B) either
(i) four years experience related to
building inspections, accessibility inspections, building planning,
accessibility design or review, or equivalent; or
(ii) two years experience related to
building inspections, accessibility inspections, building planning,
accessibility design or review, or equivalent, and certification as an
accessibility specialist as granted by a model building code organization; and
(2) satisfactory completion of the
Texas Accessibility Academy; and
(3) pass an examination approved by
the department.
(c) An applicant shall submit a
complete application for certification on the form prescribed by the
department, accompanied by all appropriate fees. An applicant must complete all requirements, including
satisfactory completion of an examination, no later than one year after the
date the application is filed.
(d) Each applicant who satisfies all
requirements will be provided a wallet card.
The wallet card is the actual certificate of registration. A wall certificate will be provided to a new
registrant.
(e) Endorsement codes for certificates of registration are as follows: Plan review functions-R; Inspection functions-I; Plan review and inspection functions-RI.
68.75. Responsibilities of the Registered Accessibility Specialist. (New rule section effective November 5, 2001, 26 TexReg 8807)
(a) Registered accessibility
specialists may set and collect fees for services.
(b) Records maintained by registered
accessibility specialists, as required by department rules or procedures, are
subject to the provisions of the Texas Government Code, Chapter 552, Texas Open
Records Act.
(c) Registered accessibility specialists endorsed for plan review services shall submit all required fees to the department, and comply with all procedures established by the department relating to plan reviews.
(d) Registered accessibility specialists endorsed for inspection services shall:
(1) verify
the ownership of each building or facility for which they perform inspection
services, prior to submittal of the inspection;
(2) submit all required fees to the department, and comply with all procedures established by the department relating to inspections.
68.76.Standards of Conduct for the Registered Accessibility Specialist. (New rule section effective November 5, 2001, 26 TexReg 8807)
(a) Competency. The registered accessibility specialist
shall be knowledgeable of and adhere to the Act, the rules, the TAS, Technical Memoranda
published by the department, and all procedures established by the department
for plan reviews and inspections. It is
the obligation of the registered accessibility specialist to exercise
reasonable judgment and skill in the performance of plan reviews, inspections,
and related activities.
(b) Integrity. A registered accessibility specialist shall
be honest and trustworthy in the performance of plan review, inspection, and
related activities, and shall avoid misrepresentation and deceit in any fashion,
whether by acts of commission or omission.
Acts or practices that constitute threats, coercion, or extortion are
prohibited.
(c) Interest. The primary interest of the registered
accessibility specialist is to ensure compliance with the Act, the rules, and
the TAS. The registered accessibility specialist’s position, in this respect,
should be clear to all parties concerned while conducting plan reviews,
inspections, and related activities.
(d) Conflict of Interest. A registered accessibility specialist is
obliged to avoid conflicts of interest and the appearance of a conflict of
interest. A conflict of interest exists
when a registered accessibility specialist performs or agrees to perform a plan
review, inspection, or related activity for a project in which he has a
financial interest, whether direct or indirect. A conflict of interest also exists when a registered
accessibility specialist's professional judgment and independence are affected
by his own family, business, property, or other personal interests or
relationships.
(e) Specific Rules of Conduct. A registered accessibility specialist shall
not:
(1) participate,
whether individually or in concert with others, in any plan, scheme, or
arrangement attempting or having as its purpose the evasion of any provision of
the Act, the rules, or the TAS;
(2) knowingly
furnish inaccurate, deceitful, or misleading information to the department, a
building owner, or other person involved in a plan review, inspection, or
related activity;
(3) state or imply
to the building owner that the department will grant a variance;
(4) engage in
any activity that constitutes dishonesty, misrepresentation, or fraud while
performing a plan review, inspection, or related activity;
(5) perform a
plan review, inspection, or related activity in a negligent or incompetent
manner;
(6) perform a plan review,
inspection, or related activity on a building or facility in which the
registered accessibility specialist is an owner, either in whole or in part, or
an employee of a full or partial owner;
(7) perform a plan review,
inspection, or a related activity on a building or facility that is or will be
leased or occupied by an agency of the State of Texas, when the registered
accessibility specialist is an employee of the state agency that will occupy
the facility; or
(8) perform a plan review, inspection, or related activity on a building or facility wherein the registered accessibility specialist, for compensation, participated in creating the overall design of the current project.
68.79. Contract Providers. (New rule section effective November 5, 2001, 26 TexReg 8807)
In
addition to the specific terms of their contracts, contract providers are
subject to the same minimum qualifications, responsibilities, and standards of
conduct as registered accessibility specialists. Contract providers are also subject to the same investigation and
audit procedures as registered accessibility specialists.
68.80. Fees. (Effective June 1, 1994, 19 TexReg 3485; amended effective October 1, 1995, 20 TexReg 7279; Amended effective May 6, 1998 23 TexReg 4263; amended effective December 5, 1999, 24 TexReg 10855; amended effective April 18, 2000, 25 TexReg 3248; amended effective December 1, 2000, 25 TexReg 10729; amended effective September 1, 2001, 26 TexReg 6011; amended effective May 7, 2002)
(a) Plan review and inspection fees collected by the department shall be determined by the estimated project cost, not including site acquisition, furnishings, or equipment, and assessed according to the fee schedule. In instances involving multiple facilities with identical drawings, but site adapted, and designed by the same individual or firm and bid as one package, the plan review fee shall be based on the total construction cost. However, separate inspection fees shall be required. The plan review fee and project filing fee must accompany the registration form and be submitted with the construction documents. The inspection fee and inspection filing fee must be paid and the department notified of point of contact within 30 days of completion of construction.
(b) Fee Schedule:
|
Construction
Cost |
Review
Fee |
Late
Submittal Fee |
Inspection
Fee |
|
$50,000 - 200,000 |
$250 |
$350 |
$350 |
|
$200,001 - 500,000 |
$315 |
$480 |
$375 |
|
$500,001 - 1,000,000 |
$380 |
$610 |
$400 |
|
$1,000,001 - 5,000,000 |
$445 |
$740 |
$445 |
|
$5,000,001 - 10,000,000 |
$575 |
$1,000 |
$575 |
|
$10,000,001 - 15,000,000 |
$620 |
$1,090
|
$620 |
|
$15,000,001 - 25,000,000 |
$785 |
$1,420
|
$785 |
|
$25,000,001 - 50,000,000 |
$955 |
$1,760 |
$955 |
|
$50,000,001 - 75,000,000 |
$1,175 |
$2,200 |
$1,175 |
|
> $75,000,000 Contact TDLR for negotiated fee |
|
||
Inspection of State Leases, (no construction involved) -
$225 per lease
Preliminary Review Fee - $145 each
Special Inspection Fee - $215 per hour, two hour minimum
Variance Application Fee - $175 each
Variance Appeal - $200
Project Filing Fee - $100 each
Inspection Filing Fee - $100 each
Replacement Certificates - $25 each
|
Application,
etc. |
Single |
Dual |
|
Application for Certificate of Registration |
$200 |
$300 |
|
Registration Renewal |
$150 |
$250 |
|
Texas Accessibility Academy
Entrance Fee |
$150 |
|
|
Examination |
$100 |
|
|
Wall Certificate Duplicate or |
$25 |
|
|
Wallet Card Duplicate or |
$25 |
|
|
Revised Registration |
$25 |
|
|
Add or Subtract Endorsement |
$25 |
|
(c) When the estimated construction cost is less than $50,000 and a review, inspection or both are requested, a $200 plan review fee and a $200 inspection fee shall be paid.
(d) All fees must be paid prior to service being performed. All fees are non-refundable.
(e) When construction documents are submitted to the department after completion of a subject project, the late submittal fee shall apply in lieu of the review fee required by paragraph (b) of this subsection.
68.90.Administrative Sanctions or Penalties. (New rule section effective November 5, 2001, 26 TexReg 8807)
(a) If a person violates any
provision of Title 132A, Texas Civil Statutes, Article 9102, any provision of
Title 16, Texas Administrative Code, Chapter 68, any provision of the Texas
Accessibility Standards (TAS), or an order of the Executive Director or
Commission, proceedings may be instituted to impose administrative sanctions,
administrative penalties, or both administrative penalties and sanctions in
accordance with the provisions of Title 132A, Texas Civil Statutes, Article
9102; Title 2, Texas Occupations Code, Chapter 51; and Title 16, Texas
Administrative Code, Chapter 60 of this title (relating to the Texas Department
of Licensing and Regulation).
(b) It is a violation of the Act for
a person to perform a plan review or inspection function of the department,
unless that person is a department employee, a registered accessibility
specialist with the appropriate endorsement, or a contract provider. A person who does not hold one of these
designations and performs a plan review or inspection function of the
department is subject to administrative penalties in accordance with the Act or
Title 2, Texas Occupations Code, Chapter 51 and Title 16, Texas Administrative
Code, Chapter 60.
(c) Cheating on an examination is grounds for denial, suspension, or revocation of a license, imposition of an administrative penalty, or both.
68.93. Complaints, Investigations, and Audits. (New rule section effective November 5, 2001, 26 TexReg 8807)
(a) Complaints. A complaint
may be filed against an owner if there is reason to believe that a building or
facility is not in compliance with the Act, the rules, or the TAS. A complaint may be filed against a
registered accessibility specialist if there is reason to believe that the
registered accessibility specialist has violated the Act, the rules, or the
TAS.
(b) Investigations and Monitoring. Owners of buildings and facilities subject
to compliance with the TAS are subject to investigation by the department. Registered accessibility specialists are
subject to investigation and monitoring by the department.
(c) Inspection and Copying of
Records of Registered Accessibility Specialist. A registered accessibility specialist's records, pertaining to a
project for which plan review, inspection, or related activities have been or
will be performed, shall be made available for the inspection and copying by
the department. The registered
accessibility specialist shall make said records available within ten (10)
calendar days of receiving a written request for records from the department.
68.100. Technical Standards and Technical Memoranda. (Effective April 1, 1994, 19 TexReg 167; amended effective June 26, 2000, 25 TexReg 6122; repealed effective November 5, 2001, 26 TexReg 8807; new rule section effective November 5, 2001, 26 TexReg 8807)
(a) The Texas Department of Licensing
and Regulation adopts by reference the Texas Accessibility Standards (TAS),
April 1, 1994 edition.
(b) The Texas Department of Licensing and Regulation may from time to time, publish Technical Memoranda to provide clarification of technical matters relating to the Texas Accessibility Standards, if such memoranda have been reviewed by the Architectural Barriers Advisory Committee.
68.101. State Leases (initial or renewed) (Effective April 1, 1994, 19 TexReg 167; amended effective June 26, 2000, 25 TexReg 6122; repealed effective November 5, 2001, 26 TexReg 8807; new rule section effective November 5, 2001, 26 TexReg 8807)
(a)
State leased buildings or facilities with an annual lease expense in excess of
$12,000 shall be registered with the department by completing a State Lease
Registration form. For state leased buildings or facilities that are
being newly constructed or substantially renovated, an Architectural Barriers
Project Registration form shall also be completed.
(b)
Buildings or facilities that are leased or occupied in whole or in part for use
by the state, shall meet the following requirements of TAS:
(1)
New Construction shall comply with TAS 4.1.2 and 4.1.3.
(2)
Additions shall comply with TAS 4.1.5.
(3)
Alterations shall comply with TAS 4.1.6.
(4)
Historic buildings or facilities shall comply with TAS 4.1.7.
(5) Existing buildings and facilities are ones that
have not been constructed, renovated, modified or altered since April 1,
1994. In an existing building or
facility, where alterations are not planned or the planned alterations will not
affect an area containing a primary function, the following minimum
requirements shall apply:
(A)
If parking is required as part of the lease agreement or is provided to serve
the leased area, accessible parking spaces shall comply with TAS 4.6.
(B)
An accessible route from the parking
area(s) shall comply with TAS 4.3.
(C)
At least one entrance serving the leased space shall comply with TAS 4.14.
(D)
If toilet rooms or bathrooms are required by the lease agreement or are
provided to serve the leased area, at least one set of men's and women's toilet
rooms or bathrooms or at least one unisex toilet room or bathroom serving the
leased area shall comply with TAS 4.22 or 4.23.
(E)
Signage at toilet rooms or bathrooms shall comply with TAS 4.30.
Toilet rooms or bathrooms serving the leased area which are not
accessible shall be provided with signage complying with 4.30.1, 4.30.2, 4.30.3, 4.30.5 and 4.30.7, indicating the location of the
nearest accessible toilet room or bathroom within the facility.
(F)
If drinking fountains are required by the lease agreement, or are provided to
serve the leased area, at least one fountain shall comply with TAS 4.15.
If more than one drinking fountain is provided, at least 50% shall
comply with TAS 4.15.
(G)
If public telephones are required by the lease agreement, or are provided to
serve the leased area, at least one public telephone shall comply with TAS 4.31.
(H) If an element or space of a lease is not specified in this subsection but is present in a state leasehold, that element or space shall comply with TAS 4.1.6.