16 TAC §§68.10, 68.20, 68.21, 68.30, 68.31, 68.34, 68.60 - 68.66, 68.70, 68.80, 68.90, 68.93, 68.100 - 68.102
The Texas Department of Licensing and Regulation proposes
amendments to §§68.10, 68.20, 68.21, 68.30, 68.31, 68.60 - 68.66,
68.70, 68.80, 68.90, 68.93, 68.100, and add new §§68.34, 68.101
and 68.102 of the Architectural Barriers Administrative Rules.
Changes in §68.10 add definitions for Commencement of Construction;
Designated Agent; Religious Organization; Renovated, Modified or Altered;
and Variance Application and deletes the definitions for Determination of
Impracticability, Limited Application, and Substantially Renovated, Modified
or Altered.
Changes in §68.20 revise language concerning the time frame for design
professionals and building owners to submit construction documents to the
department for plan review and deletes subsections dealing with the department's
ability to request assistance from county or city officials and to inquire
about a building's funding.
Changes in §68.21 clarify existing language concerning tax abatements
provided by public authorities; and add buildings or facilities of a religious
organization as subject buildings or facilities. All other changes are for
clarification.
Changes in §68.30 add places used primarily for religious rituals
to the list of exemptions.
Changes in §68.31 clarify the form necessary for the variance process,
and add reference to new rule §68.34 (relating to Technical Deviations
- Built Conditions). Deleted were existing paragraphs (7) - (10) that are
redundant to the statutory grant of authority. Also deleted were department
requirements that are redundant to Article 9102.
Changes in §68.32 deletes the section title and combines it with §68.31,
replace references to the "Director of Policies and Standards" with "Director,
Code Review and Inspection", and replace references to "Commissioner" with
"Executive Director."
New §68.34 create procedures for consideration of deviations to technical
specification relating to a construction project after construction is completed
and an inspection has occurred.
Changes in §68.60 make all construction documents received by the
department for review, property of the department, and deletes "Responsibilities
of Department" from the subsection title.
The change in §68.61 delete "Responsibilities of Department" from
the subsection title. Changes in §68.62 delete "Responsibilities of Department"
from the subsection title; adds subsection (a) to require owners to request
an inspection within 30 days after construction is completed; deletes requirement
that field inspectors make field notes; replaces reference to "working hours"
and "normal hours" with "operating hours"; and adds requirement for the owner
or designated agent to be notified of pending inspection.
Changes in §68.63 delete "Responsibilities of Department" from the
subsection title. All other changes are for clarification. Changes in §68.64
delete "Responsibilities of Department" from the subsection title and removes
"substantially" from the phrase "substantially renovated, modified or altered."
Changes in §68.65 replace references to "Commissioner" with "Executive
Director," and deletes the reference to travel reimbursement for subcommittee
meetings.
Changes in §68.66 delete "Responsibilities of Department" from the
subsection title; revise minimum qualifications for eligibility for Contract
Providers for plan reviews and inspections; and add language concerning payment
of Inspection Filing fees and renewal of Contract Provider contracts.
Changes in §68.70 clarify department reporting requirements for design
professionals; submittal requirements for design professionals for multiple
phase and "fast-track" projects; revise language to correspond to changes
in §68.20, and combines §§68.71 and 68.72 with §68.70.
Changes in §68.80 deletes requirement for providing the department
with a point of contact, deletes Project Information Request Fee, and renames
the "Late Review Fee" to "Late Filing Fee".
Changes in §68.90 replace references to "Commissioner" with "Executive
Director." The changes in §68.93 are for clarification and §68.92
is deleted because it is redundant to a statutory requirement.
Changes in §68.100 add provisions for the issuance of "Technical Memorandum"
to provide clarification of technical matters relating to the Texas Accessibility
Standards, deletes references to the Secretary of State for procurement of
TAS, and includes the department's internet address for point of reference.
New §68.101 is added which includes specific scopes and technical
requirements (relating to the Texas Accessibility Standards) for buildings,
or facilities that are leased or occupied by the State under any lease or
rental agreement. Also added is new §68.102 which includes dimensional
tolerances for built conditions.
All rule amendments, deletions and additions are to clarify the department's
jurisdiction, to provide a set of rules that are easier to read, understand
and adhere to, for clarification, and to comport with statutory changes made
by the 76th Legislature to Article 9102.
George Ferrie, Director, Code Review and Inspections Division, has determined
that for the first five year period these sections are in effect there may
be a small fiscal implication for state government.
Mr. Ferrie has also determined that for each of the first five years these
sections are in effect the public benefit anticipated as a result of enforcing
the sections will be: clarification of the application of the rules to buildings
or facilities of religious organizations; clarification of the requirements
for submittal of construction documents by design professionals and building
owners; provisions for resolving minor technical deviations; clarification
of eligibility for Contract Providers; provisions for publishing department
interpretations of technical standards; clarification of the application of
the rules to buildings and facilities leased or occupied by the State; and,
criteria for dimensional tolerances.
The anticipated economic effect on small businesses and persons who are
required to comply with the sections as proposed will be minimal.
The cost of compliance will also be minimal.
Comments on the proposal may be submitted to George Ferrie, Director, Code
Review and Inspections Division, Texas Department of Licensing and Regulation,
P.O. Box 12157, Austin, Texas 78711, electronically at
george.ferrie@license.state.tx.us
or fax (512) 463-1376. The deadline
for comments is 30 days after publication in the
Texas Register
.
The amendments and new rules are proposed under Texas Revised
Civil Statutes Annotated Article 9102 (Vernon 1999), which provide the Texas
Department of Licensing and Regulation the authority to promulgate and enforce
a code of rules and take action necessary to assure compliance with the intent
and purpose of the Act. The Article and Code affected by the amendments and
new rules are Texas Revised Civil Statutes Annotated Article 9102 (Vernon
1999) and Texas Occupations Code, Chapter 51 (Vernon 1999).
§68.10. Definitions.
The following words and terms, when used in this chapter shall have
the following meanings, unless the context clearly indicates otherwise.
(1)
Act - Texas Revised Civil Statutes Annotated, Article
9102.
(2)
Building - Any structure used and intended for supporting
or sheltering any use or occupancy.
(3)
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.
(4)
[
(3)
] Completion of Construction
- That phase of a construction project which results in occupancy or the issuance
of a certificate of occupancy.
(5)
[
(4)
] Construction Documents
- Working drawings and specifications used for construction of a building
or facility.
(6)
[
(5)
] Contract Provider - The
individual, company, or authority under contract with the department to perform
plan reviews, inspections, or both.
[
(6)
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.]
(7)
Designated Agent - An
individual designated by the owner to act on the owner's behalf.
(8)
[
(7)
] 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
].
(9)
[
(8)
] Lessee - with respect
to state leased or occupied space, the state agency
that
[
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.
[
(9)
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.]
(10)
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.
(11)
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, Subsection (c).
(12)
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.
(13)
[
(11)
] State Agency - A board,
commission, department, office, or other agency of State government.
[
(12)
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.]
(14)
Variance Application
- The formal process by which the owner or owner's designated agent petitions
the department to rule on the impracticability of applying one or more of
the standards or specifications to a building or facility.
§68.20. Registration - - Submittal of Construction Documents.
(a)
Construction documents covering each subject buildings
or
facilities
[
facility
] with an estimated construction
cost of $50,000 or more shall be
shipped, postmarked or received by
[
submitted to
] the department or contract provider
not later
than five business days after the registered design professional places the
applicable professional seal on the construction documents.
[
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)
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.
(c)
[
(b)
] An Architectural Barriers
Project Registration form must be completed on for each subject building or
facility and submitted along with the construction documents and the applicable
review fee.
(d)
[
(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, form work 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.
(a)
A building or facility used by the public
[
Public buildings or facilities
] identified in the Act are subject to
compliance if:
(1)
public funds from a municipality, county, the state
or any political subdivision of the state
[
public funds
]
are used any time during the construction process;
(2)
a municipality, county, the state or any political
subdivision of the state
[
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)
property
tax abatements or other incentives
are provided by a
municipality, county, the state or any political subdivision
of the state
[
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 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)
[
(e)
]
Buildings or facilities
not subject to the Act may be reviewed and/or inspected by the department
upon request and payment of the applicable fee(s).
[
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.
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
lifeguard
[
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.
(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, occupant or designated
agent 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: parking facilities, accessible routes,
walkways, hallways, toilet facilities, entrances, public telephones, drinking
fountains, and exits.
§68.31. Variance Procedures. [ Responsibilities of the Department - - Inspections. ]
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
variance
[
request
] is justified, such
application
[
request
] shall be submitted as soon as possible following commencement
of construction.
(2)
Variance
applications
[
requests
]
received after construction has commenced shall be decided based on preconstruction
conditions and circumstances.
(3)
Variance
applications
[
requests
]
will not be accepted after completion of construction (based on the recorded
estimated completion date). Deficiencies noted after completion
and after
corrective measures to achieve substantial compliance,
will be addressed
as
noted in §68.34 of this title (relating to Technical Deviations-
Built Conditions).
[
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)
Appeal of staff decision
disapproving a variance application shall be submitted to the Director of
Code Review and Inspections in writing within 14 days of notification of staff
decision.
(8)
Appeals to the Director
of Code Review and Inspections shall be accompanied by the applicable fee.
(9)
The decision of the Director
of the Code Review and Inspections Division may be appealed to the Executive
Director of the Texas Department of Licensing and Regulation in writing within
ten days of notification of the Division Director's decision.
(10)
At each stage of the
variance process, the party making the request shall be advised in writing
of the determination.
[(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.]
§68.34. Technical Deviations - - Built Conditions.
Deviations to a technical specification relating to a construction
project, found not to be in substantial compliance after inspection, may be
acceptable if the department believes the deviation is minor and will not
adversely affect persons with disabilities. Instances involving an element
or condition acted on through the variance application process are not eligible
to be considered through the technical deviation process.
(1)
Requests for technical deviations shall be submitted on
Technical Deviation Request Form obtained from the department.
(2)
Technical Deviation Requests must be submitted by
the owner or their designated agent.
(3)
Technical Deviation Requests must be accompanied
by the applicable fee.
(4)
The department will send a written determination
to the party submitting the request.
§68.60. [ Responsibilities of Department - - ] Review of Construction Documents.
(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
shall become the property of 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.
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.
(a)
The building or facility owner
must request of the department or an independent contract provider, an inspection
no later than thirty days after completion of construction.
(b)
[
(a)
] Inspections will be performed
during the normal
operating
[
working
] hours of the owner
[
, authority, or unit concerned
]. Any deviation from
operating
[
normal working
] hours shall be at the convenience of the
owner [
, authority, or unit concerned
].
(c)
[
(b)
] The owner or designated agent
will be notified of the impending inspection and requested to
[
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.
When corrective modifications to achieve compliance are required,
the department will provide
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.
(a)
A
Certificate of Substantial Compliance
[
certificate of substantial compliance
] is issued to the owner
for new construction
[
or designated agent by the department
]
upon completion of a satisfactory inspection or other form of verification
deemed appropriate by the department, that
the
subject building
or facility in its entirety is in substantial compliance with applicable standards.
(b)
An
Accessibility Approval
[
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.
(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
Executive Director
[
commissioner
].
(b)
Recommendations of the committee will be transmitted to
the commission by the
Executive Director
[
commissioner
]
through the
Director of the Code Review and Inspections Division
[
director of code review and inspections
].
(c)
Committee meetings are called by the chair or
Executive
Director
[
commissioner
]. Meetings in excess of those mandated
by the Act
may
[
shall
] be authorized by the
Executive
Director
[
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
committee
[
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 only to the committee
members appointed to the subcommittee or requested by the chair to assist
or appear before the subcommittee.]
(e)
[
(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.
(f)
[
(g)
] The committee shall consist
of nine members, four of which will be building professionals and five of
which will be consumers, comprised of persons with disabilities. Committee
members will serve staggered three year terms.
§68.66. [ Responsibilities of the Department - - ] Contract Providers.
(a)
The purpose of the contract providers program is to assist
the department in performing review and inspection services.
(b)
Persons who perform plan review services
[
Contract providers for plan reviews
] shall [
utilize individuals
in their employ who
] meet the following qualifications:
(1)
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
(2)
eight years experience
related to building planning, accessibility design or review, or equivalent;
or
(3)
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
(4)
satisfactorily completed
the Texas Accessibility Academy with a test score of 80 or higher.
[
(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)
Persons who provide inspection services
[
Contract providers for inspections
] shall [
utilize individuals
in their employ who
] meet the following qualifications:
(1)
minimum of a high school diploma or equivalent;
and
(2)
four years experience
related to building inspections, accessibility inspections, building planning,
accessibility design or review, or equivalent; or
(3)
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
(4)
satisfactorily completed
the Texas Accessibility Academy with a test score of 80 or higher.
[
(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
set and
collect fees
for services. The [
filing
] fee
for Project Filing
established
by §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.
The fee for Inspection Filing shall be submitted
to the department at the time the file is requested, prior to performing the
inspection.
(e)
Contract providers shall adhere to the Act, department
rules,
Technical Memoranda,
and all procedures established by the
department for plan reviews and inspections.
(f)
Contract providers must attend
the Texas Accessibility Academy or another accessibility educational course
approved by the department, every three years prior to the expiration of a
current contract and prior to a new contract being executed.
[
(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 Submittal.
(a)
Construction documents submitted for review shall include
all disciplines.
(1)
Design professionals responsible for the project
[
Responsible design professionals
] shall seal, sign and
number
construction documents in accordance with the requirements of
their respective registration boards
[
each document
].
(2)
In projects involving multiple phases, construction
documents
pertaining to each phase
shall be submitted
in accordance
with §68.20(a)
[
prior to the commencement of construction
of each phase
].
(3)
In projects involving "fast-track" construction,
partial submittals may be made.
Construction documents pertaining to
each portion of the work shall be submitted in accordance with §68.20(a).
[
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
timely
as directed by §68.20(a)
[
prior to commencement of construction,
] they shall be submitted for review as soon as possible following
that date
[
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)
Verification of design revisions
shall be submitted upon request of the department.
(h)
Verification of corrective
modifications shall be submitted as directed by the department.
[
(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.]
§68.80. Fees.
(a)
Plan review and inspection fees
are
[
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.
Separate inspection fees will
be charged.
[
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:
Figure: 16 TAC §68.80(b)
(c)
When the estimated construction cost is less than $50,000
and a review, inspection or both are requested, a $75 plan review fee and
a $85 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 §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 §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
filing
[
review
] fee shall
apply.
§68.90. Sanctions - - Administrative Sanctions or Penalties.
If a person violates Texas Revised Civil Statutes Annotated, Article
9102, or a rule, or order of the
Executive Director
[
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 Occupations Code, Chapter 51 (Vernon 1999)
and 16 Texas Administrative Code, Chapter 60 (1999) of this title (relating
to the Texas Department of Licensing and Regulation).
§68.93. Complaints and Investigations.
Any person who suspects that any building or facility is not in compliance
may submit a complaint
to the department
in accordance with Texas
Occupations Code, Chapter 51 (Vernon 1999).
§68.100. Technical Standards and Technical Memoranda .
(a)
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.
]
(b)
The Texas Department of Licensing
and Regulation shall from time to time, issue Technical Memoranda to provide
clarification of technical matters relating to the Texas Accessibility Standards.
(c)
Copies of TAS or Technical
Memoranda may be obtained at: www.license.state.tx.us or by contacting the
department.
§68.101. State Leases.
Buildings or facilities that are leased or occupied in whole or in
part for use by the State shall meet the following requirements of the Texas
Accessibility Standards (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: Where alterations
are not planned or the planned alterations will not affect an area containing
a primary function, as a minimum, the following shall apply:
(A)
If parking is required as part of the lease agreement,
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 space shall comply with
TAS 4.14
(D)
If toilet rooms/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/bathrooms or at least one unisex toilet room/bathroom serving
the leased area shall comply with TAS 4.22 or 4.23,
(E)
Signage at toilet rooms/bathrooms shall comply with TAS
4.30.
(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 4.17.
§68.102. Dimensional Tolerances for Built Conditions.
Dimensional tolerances shall only be considered in instances where
a dimension is an absolute. Specifications consisting of a range or dimensions
shall not be eligible for the tolerances listed in this section. Dimensional
tolerances, unless otherwise noted, shall not exceed the following.
(1)
Dimensions between 0 and 1/2 inch inclusive, shall have
a maximum tolerance of plus or minus 1/8 inch.
(2)
Dimensions greater than 1/2 inch and less than 6
inches shall have a maximum tolerance of plus or minus 1/4 inch.
(3)
Dimensions between 6 inches and 11 inches inclusive
shall have a maximum tolerance of plus or minus 1/2 inch.
(4)
Dimensions greater than 11 inches and less than 19
inches shall have a maximum tolerance of plus or minus 1 inch.
(5)
Dimensions between 19 inches and 36 inches shall
have a maximum tolerance of plus or minus 1-1/2 inch.
(6)
Dimensions greater than 36 inches shall have a maximum
tolerance of plus or minus 2 inches.
(7)
For surface slopes, the maximum tolerance shall be
1.0% or 1:100.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
January 10, 2000.
TRD-200000117
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Earliest possible date of adoption: February 20, 2000
For further information, please call: (512) 463-7348
16 TAC §§68.32, 68.71, 68.72, 68.92
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Department of Licensing and Regulation or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Department of Licensing and Regulation
proposes the repeal of §§68.32, 68.71, 68.72, and 68.92 of the Architectural
Barriers Administrative Rules.
The repeal of §§68.32, 68.71, and 68.72 is being proposed because
they have been combined with other sections for clarity. The repeal of §68.92
is being proposed because it is redundant to Article 9102.
George Ferrie, Director, Code Review and Inspections, has determined that
for the first five-year period the repeals are in effect there will be no
fiscal implications for state or local government.
Mr. Ferrie also has determined that for each year of the first five years
the sections are repealed the public benefit anticipated is less redundancy
and better clarification of the rules.
There will be no fiscal effect on small businesses and persons.
Comments on the proposal may be submitted to George Ferrie, Director, Code
Review and Inspection, Texas Department of Licensing and Regulation, P. O.
Box 12157, Austin, Texas, 78711, electronically:
george.ferrie@license.state.tx.us
. or fax (512) 463-1376.
The repeals are proposed under Texas Revised Civil Statutes,
Article 9102 (Vernon 1999), which provides the Texas Department of Licensing
and Regulation with the authority to promulgate and enforce a code of rules
and take action necessary to assure compliance with the intent and purpose
of the Article.
The Article and Code affected by this proposal is Texas Revised Civil Statutes,
Article 9102 (Vernon 1999) and Texas Occupations Code, Chapter 51 (Vernon
1999).
§68.32. Appeals.
§68.71. Responsibilities of the Registrant - Resubmittals.
§68.72. Responsibilities of the Registrant - Corrective Modifications.
§68.92. Failure to Submit.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
January 10, 2000.
TRD-200000116
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Earliest possible date of adoption: February 20, 2000
For further information, please call: (512) 463-7348