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New item indicator The TDLR Enabling Statute- Chapter 51
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Architectural Barriers
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Information Page

Mailing address:
Texas Department of Licensing and Regulation
P.O. Box 12157
Austin, TX  78711

Legal Requirements

The state statute and the standards mandate accessibility in publicly and privately financed buildings and facilities, as well as facilities leased or occupied by state agencies. It applies to temporary or emergency construction in addition to permanent construction. Current application requires compliance at:

Did You Know?
According to the U.S. Census, 3.8 million Texans (I9.4%) have one or more physical or mental disabilities; this number is growing as the population ages.

- Buildings and facilities constructed, or substantially renovated, modified, or altered, in whole or in part on or after January 1, 1970, through the use of state, county, or municipal funds, or the funds of any political subdivision of the state.

- Buildings leased or occupied in whole or in part for use by the state under any lease or rental agreement entered into on or after January 1, 1972.

- Privately funded buildings and facilities defined as public accommodations by the Americans with Disabilities Act of 1990, that are constructed or substantially renovated, modified, or altered on or after January 1, 1992.

- Privately funded buildings and facilities defined as commercial facilities by the Americans with Disabilities Act of 1990, that are constructed or substantially renovated, modified, or altered on or after September 1, 1993.

The statute requires that construction documents covering subject facilities be submitted for review prior to commencement of construction if the estimated construction costs are $50,000 or more.

Responsibility for submitting construction documents lies with architects, engineers and interior designers. In the absence of a registered design professional, the owner is responsible.

Failure on the part of a design professional to submit construction documents prior to commencement of construction will result in that fact being reported to the respective registration board.

Buildings and facilities required to comply are subject to an on-site inspection after construction is complete.

Failure on the part of a building owner to comply may result in administrative penalties not to exceed $ 1,000 for each violation, per day.

Equivalency Certification from the U.S. Department of Justice

On September 23, 1996, the U.S. Department of justice certified that the Texas Accessibility Standards meet or exceed the new construction and alterations requirements of Title III of the Americans with Disabilities Act.

Further Assistance

For more information, to file a complaint, obtain information on the department's educational programs, including the Texas Accessibility Academy or to request information in alternative formats, contact:

Consider That:

People of all ages and abilities stand to benefit from environments that are supportive and enabling.

A curb cut serves a wheelchair user and a parent pushing a stroller.

Volume control helps the hearing impaired and anyone trying to use a pay phone in a noisy room.

A'hi-lo' drinking fountain provides access to those in wheelchairs and helps those who have difficulty bending.

Texas Department of Licensing & Regulation
Architectural Barriers Section
PO. Box 12157
Austin,Texas 78711
(800) 803-9202
(512) 463-321 1 (Austin)
(512) 475-2886 (Fax)
(800) 735-2989 (RelayTexas)

Copies of TAS can be purchased from the:

Office of the Secretary of State
Texas Register Division
PO. Box 13824
Austin,Texas 78711-3824
(512) 463-5561
(512) 463-5569 (Fax)
(800) 735-2989 (TDD)

For information on the ADA, call the U.S. Department of justice at (800) 514-0301 or (800) 514-0383 (TDD).

For information relating to the Federal Fair Housing Act, contact the Department of Housing and Urban Development at (202) 708-0836 or (800) 669-9777, or the Texas Commission on Human Rights at (512) 437-3450.

Historical Background

The Texas Accessibility Standards make getting around easier for everyone, but consider what they make possible for people with disabilities. Shopping, going to a movie, working and attending school are all activities that most people take for granted. But when stores, theaters, offices and schools are not accessible, an everyday activity can become an everyday chore.

Texas law includes an Architectural Barriers Act, first adopted by the state legislature in 1969.

The Texas Accessibility Standards (TAS) are standards adopted in 1993 by the Texas Department of Licensing & Regulation (TDLR) as a result of the amendments to the Act in 1991.

Compliance with the Texas Architectural Barriers Act a d TAS is separate from compliance with the Americans with Disabilities Act (ADA) and the ADA Accessibility Guidelines (ADAAG).

The federal government enforces ADA and the Rehabilitation ACT of 1973. TDLR enforces the Texas Architectural Barriers Act.

 

TDLR's Responsibilities

Prior to the start of construction TDLR plan reviews construction documents for compliance with accessibility standards. Upon completion, TDLR inspects the facility to ensure that it was built as planned. TDLR investigates the consumer accessibility complaints and enforces the standards through administrative hearings.

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