ACCESSIBILITY CONSULTING SERVICES

-The following are exerpts from the Elimination of Architectural Barriers codes that are important information for you as an Owner or Design Professional.

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GOVERNMENT CODE – SECTION 469, ELIMINATION OF ARCHITECTURAL BARRIERS

Subchapter A. GENERAL PROVISIONS.

Sec. 469.001.  SCOPE OF CHAPTER;  PUBLIC POLICY. 

(a)  The intent of this chapter is to ensure that each building and facility subject

to this chapter is accessible to and functional for persons with disabilities without

causing the loss of function, space, or facilities.

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Subchapter B. ADMINISTRATION AND ENFORCEMENT.

 Sec. 469.051. Administration and Enforcement; Assistance of Other Agencies

 (a) The commission shall administer and enforce this chapter. The appropriate

state rehabilitation agencies and the Governor's Committee on People with

Disabilities shall assist the commission in the administration and enforcement

of this chapter.

 (b) In enforcing this chapter, the commission is entitled to the assistance of all

appropriate elective or appointive state officials.

 (c) The commission has all necessary powers to require compliance with the

rules adopted under this chapter.

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 Sec. 469.058. Administrative Penalty

 (a) The commission may impose an administrative penalty under Subchapter

F, Chapter 51, Occupations Code, on a building owner for a violation of this

chapter or a rule adopted under this chapter.

 (b) Each day that a violation is not corrected is a separate violation.

 (c) Before the commission may impose an administrative penalty for a violation

described by Subsection (a), the commission must notify a person responsible

for the building and allow the person 90 days to bring the building into

compliance. The commission may extend the 90-day period if circumstances

justify the extension.

 

Subchapter C. REVIEW & APPROVAL REQUIRED FOR CERTAIN PLANS AND SPECIFICATIONS

 Sec. 469.101. Submission for Review and Approval Required

 All plans and specifications for the construction of or for the substantial

renovation or modification of a building or facility must be submitted to the

department for review and approval if:

○ (1) the building or facility is subject to this chapter; and

○ (2) the estimated construction cost is at least $50,000.

 

 Sec. 469.102. Procedure for Submitting Plans and Specifications

 (a) The architect, interior designer, landscape architect, or engineer who has

overall responsibility for the design of a constructed or reconstructed building

or facility shall submit the plans and specifications required under Section

469.101.

 (b) The person shall submit the plans and specifications not later than the 20th

day after the date the person issues the plans and specifications. If plans and

specifications are issued on more than one date, the person shall submit the

plans and specifications not later than the 20th day after each date the plans

and specifications are issued. In computing time under this subsection, a

Saturday, Sunday, or legal holiday is not included.

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  Sec. 469.104. Failure to Submit Plans and Specifications

 The commission shall report to the Texas Board of Architectural Examiners,

the Texas Board of Professional Engineers, or another appropriate licensing

authority the failure of any architect, interior designer, landscape architect, or

engineer to submit or resubmit in a timely manner plans and specifications to

the department as required by this subchapter.

 

 Sec. 469.105. Inspection of Building or Facility

 (a) The owner of a building or facility described by Section 469.101 is

responsible for having the building or facility inspected for compliance with the

standards and specifications adopted by the commission under this chapter not

later than the first anniversary of the date the construction or substantial

renovation or modification of the building or facility is completed.

 (b) The inspection must be performed by:

○ (1) the department;

○ (2) an entity with which the commission contracts under Section 469.055; or

○ (3) a person who holds a certificate of registration under Subchapter E

 

 

TEXAS ADMINISTRATIVE CODE – CHAPTER 68, ELIMINATION OF ARCHITECTURAL BARRIERS

 68.30. Exemptions

The following buildings, facilities, spaces, or elements are exempt from the

provisions of the Act:

 (3) Places Used Primarily for Religious Rituals. An area within a building or facility of a religious

organization 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 use areas.

Examples of common use areas include, but are not limited to, the following: parking facilities,

accessible routes, walkways, hallways, toilet facilities, entrances, public telephones, drinking

fountains, and exits;

 (4) Van Accessible Parking at Garages Constructed Prior to April 1994. Parking garages where

construction was started before April 1, 1994, and the existing vertical clearance of the garage is

less than 98”, are exempted from requirements to have van-accessible parking spaces located

within the garage. If additional surface parking is provided, the required van accessible parking

spaces shall be located on a surface lot in closest proximity to the accessible public entrance

serving the facility; and

 (5) Residential Facilities. Those portions of public or privately funded apartments, condominiums,

townhomes, and single-family dwellings used exclusively by residents and their guests.

 

 68.50. Submission of Construction Documents

 (a) An architect, interior designer, landscape architect, or engineer with overall

responsibility for the design of a building or facility subject to §469.101 of the Act, shall

mail, ship, or hand-deliver the construction documents along with a Proof of

Submission form to the department, a registered accessibility specialist, or a contract

provider not later than the twentieth day after the plans and specifications are issued.

In computing time under this subsection, a Saturday, Sunday or legal holiday is not

included.

 (b) In instances when there is not a design professional with overall responsibility, the

owner of a building or facility subject to §469.101 of the Act, shall mail, ship, or handdeliver

construction documents to the department, a registered accessibility specialist,

or a contract provider prior to filing an application for building permit or

commencement of construction.

 (c) An Architectural Barriers Project Registration form or Architectural Barriers Project

Registration Confirmation Page must be completed for each subject building or facility

and submitted along with the applicable fees when the design professional or owner

submits the construction documents.

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