TABLE OF CONTENTS
68.1. Authority
68.10. Definitions
68.20. Registration - Submittal of Construction Documents
68.21. Registration - Subject Buildings and Facilities
68.30. Exemptions
68.31. Variance Application
68.32. Appeals
68.33. Technical Deviation - State Leased Facilities
68.60. Responsibilities of Department - Review of Construction Documents
68.61. Responsibilities of the Department - Resubmittals
68.62. Responsibilities of the Department - Inspections
68.63. Responsibilities of the Department - Corrective Modifications
68.64. Responsibilities of the Department - Certificates and Approvals
68.65. Advisory Committee
68.66. Responsibilities of the Department - Contract Providers
68.70. Responsibilities of the Registrant - Construction Document
Submittals
68.71. Responsibilities of the Registrant - Resubmittals
68.72. Responsibilities of the Registrant - Corrective Modifications
68.80. Fees
68.90. Sanctions - Administrative Sanctions or Penalties
68.91. Enforcement Authority.
68.92. Failure to Submit
68.93. Complaints and Investigations
68.100. Technical Standards
68.1. Authority. (Effective June 1, 1994,
19 TexReg 3485)
These rules are promulgated under the authority of the Architectural
Barriers Act, Texas Civil Statutes, Article 9102 and Texas Civil Statutes, Article 9100.
68.10. Definitions. (Effective June 1,
1994, 19 TexReg 3485)
The following words and terms, when used in this chapter shall have the following
meanings, unless the context clearly indicates otherwise.
Act - Texas Civil Statutes, Article 9102.
Building - Any structure used and intended for supporting or sheltering any use
or occupancy.
Completion of Construction - That phase of a construction project which results
in occupancy or the issuance of a certificate of occupancy.
Construction Documents - Working drawings and specifications used for
construction of a building or facility.
Contract Provider - The individual, company, or authority under contract with
the department to perform plan reviews, inspections, or both.
Determination of Impracticability - The formal process by which the governmental
department, agency or unit concerned petitions the department to rule on the
impracticability of applying one or more of the standards or specifications to a building
or facility referred to in the Act.
Facility - All or any portion of buildings, structures, site improvements,
complexes, equipment, roads, walks, passageways, parking lots, or other real or personal
property located on a site.
Lessee - with respect to state leased or occupied space, the state agency which
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.
Limited Application - Any modification or alteration that would permit the
inclusion of any one or more accessibility standards set forth in department rules but
which would not constitute substantial renovations.
Owner - The person or persons, company, corporation, authority, commission,
board, governmental entity, institution, or any other unit that holds title to subject
building or facility.
State Agency - A board, commission, department, office, or other agency of State
government.
Substantially Renovated, Modified or Altered - Any construction activity,
including demolition, involving any part or all of a building or facility. When the scope
of a project is limited to cosmetic work and normal maintenance, it shall not constitute
substantial renovation, modification or alteration.
68.20. Registration - Submittal of Construction Documents. (Effective June 1, 1994, 19 TexReg 3485; Amended effective May 6, 1998, 23
TexReg 4263)
(a) Construction documents covering each subject building or facility with an estimated
construction cost of $50,000 or more shall be submitted to the department or contract
provider prior to commencement of construction. If construction documents are not
submitted prior to completion of construction; they shall be submitted to the department
and may not be submitted to a contract provider.
(b) An Architectural Barriers Project Registration form must be completed on each
subject building or facility and submitted along with the construction documents and the
applicable review fee.
(c) State leased buildings or facilities which are not being constructed or
substantially renovated shall be registered with the department by completing a State
Lease Registration form.
(d) The department may request assistance from county and city departments that have
construction responsibilities under local ordinances. Such assistance may include, but is
not limited to project design information, funding information, and inspection results.
(e) The department may inquire of any building owner as to whether or not public funds
were used in the construction of a building.
(f) Placement of engineering stakes, delivery of lumber or other construction materials
to the job site, erection of batter boards, formwork and other such work shall be evidence
that construction has commenced. The department may request copies of invoices or other
documentation as verification.
68.21. Registration - Subject Buildings and Facilities. (Effective June 1, 1994, 19 TexReg 3485)
(a) Public buildings or facilities identified in the Act are subject to compliance if:
(1) public funds are used any time during the construction process;
(2) governmental units donate land or other use of public lands on which buildings or
facilities are constructed with private funds;
(3) buildings or facilities are constructed with private funds with the intent of
donating or deeding to a public entity; or
(4) tax abatements or other incentives are provided by a public authority.
(b) Buildings or facilities that are leased or rented to the state:
(1) include space provided at no cost to a state agency for conducting state business
with or without a written contract;
(2) may be exempted from compliance if it is determined by the state 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,
full 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 Section 242 of the Americans with Disabilities Act (ADA), or covered under
Title III of the ADA, railroad rights-of-way, or facilities that are covered or expressly
exempted from coverage under the federal Fair Housing Act of 1968.
(e) Privately owned buildings or facilities not otherwise subject to the Act, are
eligible for inclusion in the Architectural Barriers program if the building owner or
designated agent requests assistance from the department and pays the applicable fee(s).
68.30. Exemptions. (Effective June 1,
1994, 19 TexReg 3485; Amended effective May 6, 1998, 23 TexReg 4263)
The following buildings, facilities, or spaces are exempted from the Act:
(1) Buildings or facilities owned and operated 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 life guard 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.
68.31. Variance Application. (Effective
June 1, 1994, 19 TexReg 3485; Amended effective May 6, 1998, 23 TexReg 4263)
If the owner or the designated agent believes that application of the standards is
irrelevant to the nature, use, or function of the building or facility or that compliance
with any particular standard or specification is impracticable, a separate variance
application shall be submitted for each building, facility or condition for determination
prior to commencement of construction.
(1) If a variance application is not submitted prior to construction and the building
or facility owner or the designated agent believes a request is justified, such request
shall be submitted as soon as possible following commencement of construction.
(2) Variance requests received after construction has commenced shall be decided based
on preconstruction conditions and circumstances.
(3) Variance requests will not be accepted after completion of construction (based on
the recorded estimated completion date). Deficiencies noted after completion will be
addressed as an enforcement issue.
(4) Requests to waive or modify a standard shall be submitted on a Variance Application
obtained from the department. Written cost estimates as well as drawings justifying the
cost of compliance shall be attached.
(5) Variance applications must be submitted by the owner or the designated agent.
(6) Variance applications shall be accompanied by the applicable fee.
(7) After receiving the application the department shall decide whether such standards
or specifications are impracticable and shall determine the extent of compliance required.
(8) The department may consult with others including state agencies having
rehabilitation functions or that extend direct services to persons with disabilities and
members of the Architectural Barriers Advisory Committee.
(9) The applicant shall be advised of the decision in writing.
(10) The department may perform inspections when it has reason to believe that a change
in function or utility has occurred within a building or facility that has previously been
granted a variance or waiver.
68.32. Appeals. (Effective June 1, 1994,
19 TexReg 3485)
(a) Appeal of staff decision disapproving a variance or waiver application shall be
submitted to the Director of Policies and Standards Division within 14 days of
notification of staff decision.
(b) Appeals to the Director of Policies and Standards Division shall be accompanied by
the applicable fee.
(c) The Division Director's decision may be appealed to the Commissioner of the Texas
Department of Licensing and Regulation in writing within ten days of notification of the
Division Director's decision.
(d) The party making the appeal shall be advised in writing of the determination.
68.33. Technical Deviation - State Leased Facilities. (Effective June 1, 1994, 19 TexReg 3485)
Deviations of a technical specification relating to a state leased facility found in
non-compliance may be considered by the department if the occupying agency believes the
deviation is minor and will not adversely affect persons with disabilities.
(1) Requests for technical deviations shall be submitted on a Technical Deviation
Request form obtained from the department.
(2) Technical deviation requests may be submitted by the lessee or occupying agency.
(3) After receiving the request the department shall decide whether a technical
deviation will be permitted. The department may consult with others including state
agencies having rehabilitation functions or that extend direct services to persons with
disabilities and members of the Architectural Barriers Advisory Committee.
(4) The department will send written determination to the party submitting the request.
68.60. Responsibilities of Department - Review of Construction
Documents. (Effective June 1, 1994, 19 TexReg 3485)
(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 full
compliance with applicable accessibility standards. Conditional approval may be issued
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 that contain prepaid return
postage or instructions to return the documents C.O.D. will be returned immediately after
review, unless required for future reference by the department. Construction documents
received for review which do not have prepaid return postage or other instructions may be
destroyed 30 days after the date of the department's review reply.
68.61. Responsibilities of the Department - Resubmittals. (Effective June 1, 1994, 19 TexReg 3485)
When the department or 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 full
compliance with applicable accessibility standards. Conditional approval may be issued
when it is determined that additional submittals are not warranted.
(2) When unsolicited verification of design revisions are submitted, they will be
reviewed as time permits.
(3) Resubmittals received after completion of construction (based on the recorded
estimated completion date) may not be reviewed but will become a matter of record.
68.62. Responsibilities of the Department - Inspections. (Effective June 1, 1994, 19 TexReg 3485)
(a) Inspections will be performed during the normal working hours of the owner,
authority, or unit concerned. Any deviation from normal working hours shall be at the
convenience of the owner, authority, or unit concerned.
(b) The owner or designated agent must be present during the inspection.
(c) During each inspection, the inspector will make field notes which will become part
of the file maintained on each project and will be a source document in support of any
subsequent reports, notifications or other actions.
(d) The owner or designated agent will be advised of the results of each inspection.
68.63. Responsibilities of the Department - Corrective
Modifications. (Effective June 1, 1994, 19 TexReg 3485)
When corrective modifications to achieve compliance are required, the owner or
designated agent will be furnished a list of deficiencies and given a deadline for
completing modifications. An extension may be granted by the department if satisfactory
evidence is presented showing that the time period specified is inadequate to perform the
necessary corrections. Corrective modifications are subject to verification.
68.64. Responsibilities of the Department - Certificates and
Approvals. (Effective June 1, 1994, 19 TexReg 3485)
(a) A Certificate of Substantial Compliance is issued to the owner or designated agent
by the department upon completion of a satisfactory inspection or other form of
verification deemed appropriate by the department, that subject building or facility in
its entirety is in substantial compliance with applicable standards.
(b) An Accessibility Approval will be issued to the owner or designated agent upon
satisfactory verification that a subject building or facility or portions thereof which
has been substantially renovated, modified, or altered is in substantial compliance with
applicable standards.
(c) Project information pertaining to certifications and approvals may be requested by
completing a Project Information Request form obtained from the department and submitting
it to the department with the appropriate fee.
68.65. Advisory Committee. (Effective
June 1, 1994, 19 TexReg 3485; amended effective October 1, 1995 20 TexReg 7279)
(a) The purpose of the Architectural Barriers Advisory Committee is to review rules
relating to the Architectural Barriers program and recommend changes in the rules to the
commission and the commissioner.
(b) Recommendations of the Committee will be transmitted to the commissioner through
the director of policies and standards.
(c) Committee meetings are called by the chair or commissioner. Meetings in excess of
those mandated by the Act shall be authorized by the commissioner or the commissioner's
designee.
(d) Expenses reimbursed to committee members shall be limited to authorized expenses
incurred while on committee business and travelling to and from committee meetings. The
least expensive method of travel should be used. Expenses can be reimbursed to board
members only when the legislature has specifically appropriated money for that purpose.
(e) Expenses related to subcommittee meetings will be reimbursed only if authorized by
the commissioner or the commissioner's designee. These expenses will be reimbursed onlyto
the committee members appointed to the subcommittee or requested by the chair to assist or
appear before the subcommittee.
(f) 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.
(g) The committee shall consist of eight members, four of which will be building
professionals and four of which will be consumers, comprised of persons with disabilities.
Committee members will serve staggered three year terms. Two building professional
positions and two consumer positions will expire every three years and one building
professional and one consumer position will expire in other years.
(h) Terms will expire August 31 of each year. Initial terms will be established so that
one building professional position and one consumer position will expire on August 31 of
the years 1994, 1995, 1996, and 1997.
68.66. Responsibilities of the Department - Contract Providers.
(Effective June 1, 1994, 19 TexReg 3485)
(a) The purpose of the contract providers program is to assist the department in
performing review and inspection services.
(b) Contract providers for plan reviews shall utilize individuals in their employ who
meet the following qualifications:
(1) Certification as a building plans examiner or accessibility specialist granted by a
model building code organization and either of the following:
(A) degree in architecture, architectural engineering, interior design 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.
(2) Satisfactory completion of Contractor Provider Application and department training
and certification program.
(c) Contract providers for inspections shall utilize individuals in their employ who
meet the following qualifications:
(1) minimum of a high school diploma or equivalent;
(2) certification as a building inspector or accessibility specialist as granted by a
model building code organization; and
(3) satisfactory completion of Contractor Provider Application and department training
and certification program.
(d) Contract providers may collect fees for services. The filing fee established by section 68.80 of this title (relating to Fees) shall be collected by the
contract provider at the time of the plan review and submitted with the Project
Registration form on each project when it is forwarded to the department by the contract
provider.
(e) Contract providers shall adhere to the Act, department rules, and all procedures
established by the department for plan reviews and inspections.
(f) Unannounced monitoring of contract providers shall be performed by the department
as stipulated in the contract.
68.70. Responsibilities of the Registrant - Construction
Document Submittals. (Effective June 1, 1994, 19 TexReg 3485;
Amended effective May 6, 1998, 23 TexReg 4263)
(a) Construction documents submitted for review shall include all disciplines.
(1) Responsible design professionals shall seal, sign and number each document.
(2) In projects involving multiple phases, construction documents shall be submitted
prior to the commencement of construction of each phase.
(3) In projects involving "fast-track" construction, partial submittals may
be made. Submittals shall be made prior to the commencement of the included portion of the
work.
(4) All other requirements of this section shall be met and owners and design
professionals are not relieved of any other obligations under the Act or these rules.
(b) Unless one person has overall responsibility, construction documents covering
projects involving separate areas of responsibility must be submitted by persons
responsible for each area.
(c) A completed Architectural Barriers Project Registration form and review fee shall
accompany documents. Registrants must include on the Project Registration form the name of
the building owner as defined by these rules and current address of the owner.
(d) When bid packages involve multiple facilities such as prototypes or other identical
facilities, only one set of building drawings need be submitted. A registration form must
be submitted on each subject building and facility. Drawings noting site adaptations are
required for each location.
(e) Cost of submitting and returning construction documents must be paid by the sender.
(f) If construction documents were not submitted prior to commencement of construction,
they shall be submitted for review as soon as possible following commencement of
construction. Construction documents submitted after completion of construction may not be
submitted to a contract provider. The Act shall be adhered to regardless of the time the
construction documents were submitted for review.
(g) Construction documents that are automatically approved after 30 days as provided by
the Act are still required to comply with applicable standards. Any noncomplying item
detected, even though 30 days has elapsed, must comply upon completion of the project.
68.71. Responsibilities of the Registrant - Resubmittals. (Effective June 1, 1994, 19 TexReg 3485)
Verification of design revisions shall be submitted upon request.
68.72. Responsibilities of the Registrant - Corrective
Modifications. (Effective June 1, 1994, 19 TexReg 3485)
Verification of corrective modifications shall be submitted as directed.
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)
(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 must accompany
the registration form and be submitted with the construction documents. The inspection 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 Review Fee |
Inspection Fee |
| $50,000 - 200,000 |
$175 |
$350 |
$215 |
| $200,001 - 500,000 |
$240 |
$480 |
$240 |
| $ 500,001 - 1,000,000 |
$305 |
$610 |
$265 |
| $1,000,001 - 5,000,000 |
$370 |
$740 |
$290 |
| $5,000,001 - 10,000,000 |
$500 |
$1,000 |
$315 |
| $10,000,001 - 15,000,000 |
$545 |
$1,090 |
$340 |
| $15,000,001 - 25,000,000 |
$710 |
$1,420 |
$440 |
| $25,000,001 - 50,000,000 |
$880 |
$1,760 |
$665 |
| $50,000,001 - 75,000,000 |
$1,100 |
$2,200 |
$890 |
| > $75,000,000 Contact TDLR for negotiated fee |
|
Inspection of State Leases, (no construction involved) - $175 per lease
Preliminary Review Fee - $145 each
Special Inspection Fee - $215 per hour, two hour minimum
Variance Application Fee - $100 each
Variance Appeal - $100
Contract Provider Project Filing Fee - $35 each
Project Information Request - $35 each
(c) When the estimated construction cost is less than $50,000 and a review, inspection or
both are requested, a $50 plan review fee and a $50 inspection fee shall be paid.
(d) All fees must be paid prior to service being performed. If payment is not received
within 30 days of receipt of construction documents they will be destroyed.
(e) When inspection fees are not received for purposes of inspecting state lease
facilities covered by section 68.21 of this title (relating to
Subject Buildings and Facilities), notification will be given to the lessee with the
request that the required fee be paid to the department.
(f) In instances of state occupied space and facilities provided at no cost and covered
by section 68.21 of this title (relating to Subject Buildings and
Facilities), the obligation for payment of the inspection fee lies with the lessee.
(g) When construction documents are submitted after completion of a subject project,
the late review fee shall apply.
68.90. Sanctions - Administrative Sanctions or Penalties. (Effective June 1, 1994, 19 TexReg 3485; Amended effective May 6, 1998, 23
TexReg 4263)
If a person violates Texas Revised Civil Statutes Annotated, article 9102, or a rule,
or order of the commissioner or commission relating to the Act, proceedings may be
instituted to impose administrative sanctions and/or recommend administrative penalties in
accordance with the act or Texas Revised Civil
Statutes Annotated, article 9100 and 16 Texas Administrative Code, Chapter 60 (1994)
of this title (relating to the Texas Department of Licensing and Regulation).
68.91. Enforcement Authority. (Effective
June 1, 1994, 19 TexReg 3485) (Repealed effective September 11, 1996, 21 TexReg 8219)
68.92. Failure to Submit. (Effective June
1, 1994, 19 TexReg 3485)
Architects, engineers, and interior designers who fail to comply with Section 5 (d) of the Act shall be reported to the
Texas Board of Architectural Examiners or the State Board of Registration for Professional
Engineers, as appropriate and a copy of the report shall be furnished to the architect,
engineer, or interior designer affected.
68.93. Complaints and Investigations. (Effective
June 1, 1994, 19 TexReg 3485)
Any person who suspects that any building or facility is not in compliance may submit a
complaint in accordance with Texas Civil Statutes,
Article 9100.
68.100. Technical Standards. (Effective
April 1, 1994, 19 TexReg 167)
The Texas Department of Licensing and Regulation adopts by reference the Texas
Accessibility Standards (TAS), April 1, 1994 edition. Copies may be obtained from the
Office of the Secretary of State, Texas Register Division, P.O. Box 13824, Austin, Texas
78711-3824; 1019 Brazos, Room 245, Austin, Texas 78701; (512) 463-5561, TDD (800)
735-2989, FAX (512) 463-5569. Cost is $10 per copy. Check, Visa and MasterCard accepted.
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