overview of tdlr and state accessibility … · established byyy the texas board of architectural...

Overview of TDLR and State Accessibility RequirementsOverview of TDLR and State Accessibility Requirements

Presented by the Texas Department of Licensing and Regulation

U b ll Li i AUmbrella Licensing Agency

The Texas Department of Licensing and Regulation (TDLR) is the umbrella licensing agency that currently oversees ce s g age cy t at cu e t y o e sees28 types of businesses, trades, industries,

and occupations.and occupations.

Wh O TDLR?Who Oversees TDLR?

TDLR's governing body is the Texas Commission of Licensing and Regulation

whose seven members are appointed by the Governorwhose seven members are appointed by the Governor. The Commission appoints the agency’s Executive Director.

Th E ti Di t Willi K tThe Executive Director, William Kuntz, is responsible for developing policy direction for the agency, setting fees, assessing administrative penalties/sanctions,

and approving appointments to the program advisory

committees.

Primar ResponsibilitiesPrimary Responsibilities

The agency is primarily responsible for:

issuing registrations, certifications, & licenses;establishing rules and standards;conducting reviews and inspections; investigating complaints; andenforcing statute and rule requirements.

Statutes We AdministerStatutes We Administer

BarberingCombative Sports CosmetologistsDiscount Health Care Card Program

Vehicle Protection Product Warrantors AuctioneersLicensed Court Interpreters Polygraph ExaminersDiscount Health Care Card Program

For-Profit Legal Services Identity Recovery Service Contract Providers

Polygraph ExaminersProperty Tax Consultants Property Tax ProfessionalsAir Conditioning and Refrigeration

Loss Damage Waivers Personnel Employment Services Service Contract Providers St ff L i S i

g gArchitectural Barriers Boiler SafetyElectricians

Staff Leasing Services Talent AgenciesTemporary Common Worker Providers Tow Trucks Operators and Vehicle

Elevator / Escalator SafetyIndustrialized Housing and Buildings Water Well Drillers and Pump Installers Weather ModificationTow Trucks, Operators and Vehicle

Storage FacilitiesUsed Auto Parts Recyclers

Weather Modification

F ti l Ali tAli tFunctional AlignmentAlignment

● LICENSING DIVISION

● EDUCATION & EXAMINATION DIVISION

● COMPLIANCE DIVISION - Building & Mechanical Section– Air Conditioning and Refrigeration– Architectural Barriers– Boilers– Electricians– Elevators, Escalators, and Related Equipment

Industrialized Housing and Buildings– Industrialized Housing and Buildings

● ENFORCEMENT DIVISION– Complaints & Investigations– Administrative Sanctions and Penalties

F ti l Ali tF ti l Ali tFunctional AlignmentFunctional Alignment

LICENSING DIVISION– Project Registration

R i t d A ibilit S i li t (RAS) R i t ti– Registered Accessibility Specialist (RAS) Registration

COMPLIANCE DIVISION (George Ferrie, Director)B ildi & M h i l S ti (D id G l M )– Building & Mechanical Section (David Gonzales, Mgr.)

– Architectural Barriers Program (Robert Posey, Mgr.)– Field Operations (Henry Ross, Mgr.)p ( y g )

ENFORCEMENT DIVISION– Complaints & Investigationsp g– Administrative Sanctions and Penalties

A hit t l B i PArchitectural Barriers Program

Architectural Barriers Program (Austin Headquarters)

Technical AssistanceEducation/SeminarsPlan Reviews and VariancesFollow-Up on Corrective ModificationsFollow Up on Corrective ModificationsRAS Audit/Monitoring

ComparisonComparison

ADA and TABA

HeirarchyTh L R l d St d dThe Law, Rules, and Standards

Statute (Chapter 469 - the Law)Administrative Rules (Chapter 68)Administrative Rules (Chapter 68)Texas Accessibility Standards (TAS)

Scoping Section (TAS 4 1 1 4 1 7)– Scoping Section (TAS 4.1.1 – 4.1.7)– Technical Requirements of TAS (TAS 4.2 – 4.35)– Special Application Sections of TAS (5.0 – 10.0)Special Application Sections of TAS (5.0 10.0)

ADA/TABA ComparisonK P i tKey Points

Americans with Disabilities ActADA

Federal Law

Texas Architectural Barriers Act TABA

State LawFederal LawCivil Rights LawADAAGGenerally, no requirement for

State LawConstruction Law/Building CodeTAS (Equivalent to ADAAG)Requires project registration withGenerally, no requirement for

plan review, or inspection; although federally-funded projects may require review or inspection prior to release of

Requires project registration with the state, plan review, and inspection of subject facilities. Accessibility compliance is pursued throughout the processinspection prior to release of

federal fundsAdministered/Enforced by US DOJE f t i d i b

pursued throughout the processAdministered/Enforced by TDLR Enforcement is driven by consumer, industry, and D t t l i tEnforcement is driven by

consumer complaintsDepartment complaints


Texas Architectural Barriers Act(TABA)

Americans with Disabilities Act (ADA)

Only applies to buildings and facilities that are newly constructed, renovated, modified or altered after the

Applies to existing as well as newly constructed, renovated, modified, or altered buildingsi l di modified, or altered after the

subject date as stated in the Act, except for buildings or facilities leased to the State

including:- facilities for public and

government entities; private entities defined as- private entities defined as

public accommodations; and,

- commercial facilities.commercial facilities.


Texas Architectural Barriers Act (TABA)


Requires removal of existing Does not require existingbuildings or facilities to bemade accessible unless theyare renovated altered or

Requires removal of existingarchitectural/structural barriers inexisting public accommodations ifsuch modifications are “readily are renovated, altered, or

added to, or unless they areleased to the State.

yachievable.” The ADA rulesdefine “readily achievable” as“easily accomplishable and abley pto be carried out without muchdifficulty or expense.”


Americans with Disabilities Act(ADA)

R i bli titi t

Texas Architectural Barriers Act(TABA)

I S t b 1996 th U SRequires public entities tooperate each service, program,or activity, so that, when viewedin its entirety it is readily

In September 1996, the U.S.DOJ certified that the TexasAccessibility Standards( ff A il 1 1994) A ti l 9102in its entirety, it is readily

accessible to and usable byindividuals with disabilities.Does not necessarily require

(eff. April 1, 1994), Article 9102(as amended Sept. 1, 1993), andthe Architectural Barriers Rules,Chap. 68 (as amended June 1,Does not necessarily require

each existing facility to beaccessible to and usable byindividuals with disabilities.

Chap. 68 (as amended June 1,1994), meet or exceed the newconstruction and alterationRequirements of Title III of theqADA. (not applicable to Title II)

ADA/TABA ComparisonKey PointsKey Points

Texas Accessibility Standards(TAS)

ADA Accessibility Guidelines(ADAAG)

Developed from the ADAAG by TDLR; Certified by U.S. DOJ as equivalent to ADAAG for Title III f th ADA A li t ll

Developed by the Architecturaland Transportation BarriersCompliance Board (ATBCB) forTitle III of the ADA; may be used III of the ADA. Applies to all

categories of buildings and facilities covered by the Act.

Title III of the ADA; may be usedfor Title II of the ADA except thatthe elevator exemption does notapplyapply.

ADA/TABA ComparisonC t t I f tiContact Information


For questions concerning ADA

Texas Architectural Barriers Act (TABA)

For questions concerning theFor questions concerning ADA call the ADA Hotline at (800) 949-4323 or the U.S. DOJ at (202) 514-0301 or visit their

For questions concerning theTABA or TAS call TDLR at (877) 278-0999 or (512) 539-5669.

( )website…

www.usdoj.gov

For questions concerning the

Or you may visit our web site at…

For questions concerning the ADAAG call the ATBCB at (800) 872-2253 (USA-ABLE) or visit their website…

www.license.state.tx.us

www.access-board.gov

Key Provisions of the TABAKey Provisions of the TABA

Government Code, Chapter 469

Scope and PolicyS ti 469 001Section 469.001

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.

b) This chapter relates to nonambulatory and semiambulatory disabilities, sight disabilities, hearing disabilities, disabilities of , g , g ,coordination, and aging.

c) This chapter is intended to further the policy of this state of Texas to encourage and promote the rehabilitation of g ppersons with disabilities and to eliminate, to the extent possible, unnecessary barriers encountered by persons with disabilities whose ability to engage in gainful occupations or todisabilities whose ability to engage in gainful occupations or to achieve maximum personal independence is needlessly restricted.

Applicability of StandardsS ti 469 003( )Section 469.003(a)

1. Buildings and facilities constructed, 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 statethe state

2. Temporary or emergency construction of a building or facility described by this subsection

3. Buildings leased or occupied in whole or in part for use by the stateg p p yunder any lease or rental agreement entered into on or after January 1, 1972.

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

5. Privately funded building and facilities defined as commercial facilitiesy gby the Americans with disabilities Act of 1990, that are constructed or renovated, modified or altered on of after September 1, 1993.

Architectural Barriers Administrative RulesArchitectural Barriers Administrative Rules

An Overview of Recent ChangesAn Overview of Recent ChangesRules Effective September 1, 2010

68 10 D fi iti68.10 Definitions

Definition of “designated agent” stipulates the owner’s agent must be designated in writing.

Definition of “detention and correctional facilities” clarifies what types of facilities the Department recognizes under this category of facilities and was derived from proposed changes to ADAAG as amended Sept. 2002.

Definition of “employee work area” in administrative rule included as a reference for exemption 68.30(9) and to clarify what types of spaces/areas the Department does and does not recognize as an “employee work area”does and does not recognize as an employee work area .

The definition of “issue” mirrors language in line with policy/interpretations established by the Texas Board of Architectural Examiners and Texas Society of y yArchitects regarding what constitutes “issue” of construction documents.


(15) Issue--To mail, deliver, transmit, or otherwise release plans or specifications to an owner, lessee, contractor, subcontractor, or any other person acting for an owner or lessee for the purpose of construction, applying for a building permit, or obtaining regulatory approval after such plans have been sealed by an architect, interior designer, landscape architect, or engineer. In the case of a state-funded or other public works project, it is the time at which plans or specifications are publicly posted for bids, after such plans or specifications have been sealed by an architect, interior designer, landscape architect or engineerlandscape architect, or engineer.

(16) Overall Responsibility--The level of responsibility held by an architect, interior designer, landscape architect or engineer who g p gprepares construction documents and coordinates the various aspects of the design of a building or facility.

B tt liBottomline

The design professional with “overall responsibility” for the design of a constructed or reconstructed building must submit plans and specifications not later than the 20th daysubmit plans and specifications not later than the 20 day from the date of “issue” as stipulated by law. Must be accompanied by Proof of Submission form. See Administrative Rule 68 50Administrative Rule 68.50.

HB 1055, 81st Legislature, effective September 1, 2009


(21) Registered Building or Facility--For the purposes of §469 102 f th A t i t d b ildi f ilit i§469.102 of the Act, a registered building or facility is a construction project that has been assigned a project registration number by the department.g y p

(22) Registered Accessibility Specialist--An individual h i tifi d b th d t t t f i dwho is certified by the department to perform review and

inspection functions of the department.

68 30 E ti68.30 Exemptions

(9) Specific Employee Work Areas. Employee work areas, or portions of employee work areas that are less than 300or portions of employee work areas, that are less than 300 square feet (28m2) in area and elevated 7 inches (180 mm) or more above the ground or finish floor where the elevation is essential to the function of the spaces; and dumpsteris essential to the function of the spaces; and dumpster pads/enclosures that are accessed exclusively by employees;

The language addresses very small employee work areas and reflects exemption language drafted by the federal Access Board. An exemption

for dumpster pads/enclosures that are accessed exclusively by employees p p y y p yis also included here.

68 31 V i68 31 V i68.31 Variances68.31 Variances

(b) Variance Applications shall be submitted by the owner of the subject building or facility, and shall be accompanied by the applicable fee, l f ll ff t d d ti d t ti hplans of all affected areas, and any supporting documentation such as

photos, cost analyses, and code references.

(c) Variance Applications may not be submitted more than two hundred(c) Variance Applications may not be submitted more than two hundred seventy (270) calendar days after the date of the inspection report. After two hundred seventy (270) calendar days, remaining deficiencies will be addressed as an enforcement issue as provided by §68.90.

Clarifies who may submit a variance and what to include in a variance application.

68 50 S b i i f D t68.50 Submission of Documents

(a) An architect, interior designer, landscape architect, or engineer with overall responsibility for th d i f b ildi f ilit bj t tthe design of a building or facility subject to §469.101 of the Act, shall mail, ship, or hand-deliver the construction documents along with adeliver the construction documents along with a Proof of Submission Form to the department, a registered accessibility specialist, or a contract

id t l t th th 20th d ft th lprovider not later than the 20th day after the plans and specifications are issued. In computing time under this subsection, a Saturday, Sunday or legal , y, y gholiday is not included.

68 50 S b i i f D t68.50 Submission of Documents

(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 hand-j § , , p,deliver construction documents to the department, a registered accessibility specialist, or a contract provider prior to filing an application for building permit or commencement f t tiof construction.

(c) An Elimination of Architectural Barriers Project Registration form or Architectural Barriers ProjectRegistration 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 ownerapplicable fees when the design professional or owner submits the construction documents.

68 51 R i f C t ti D t68.51 Review of Construction Documents

a) After review, the owner and the person making the submission will be advised in writing of the plan review findings.(b) Construction documents received by the department, a registered ( ) y p , gaccessibility specialist, or a contract provider shall become the property of the department.(c) Design revisions may be made by submitting to the department, a registered accessibility specialist, or a contract provider revised

t ti d t h d dd d d l ttconstruction documents, change orders, addenda, and letters.– (1) Resubmittals received prior to the recorded estimated completion of

construction will be reviewed. The owner and the person making the resubmittal will be advised of the findings.

– (2) Resubmittals received after completion of construction based on the– (2) Resubmittals received after completion of construction, based on the recorded estimated completion of construction, may not be reviewed but will become a matter of record.

Clarifies the protocol and procedures involved in verification of design revisions and re-submittals.

68 52 I ti68.52 Inspections

(a) The owner of a building or facility subject to §469.101 of the Act shall obtain an inspection from the department, a registered accessibility specialist, or a contract provider not later than the first anniversary of the completion of construction Request for inspection shall be made bycompletion of construction. Request for inspection shall be made by completing the Request for Inspection Form and submitting it to the department, a registered accessibility specialist, or contract provider not later than 30 calendar days after the completion of construction. If the Request for Inspection form is submitted to the Department the formRequest for Inspection form is submitted to the Department, the form must be accompanied by the applicable inspection fee in §68.80(a).(b) The department, a registered accessibility specialist, or a contract provider shall receive the Request for Inspection form prior to

di ith th i tiproceeding with the inspection.(c) The owner shall be advised in writing of the results of each inspection.

Clarifies the protocol and procedures involved in the inspection process.

68 53 C ti M difi ti68.53 Corrective Modifications

(a) When corrective modifications are required to achieve compliance, the department, a registered accessibility specialist, or a contract provider shall:

(1) id th li t f d fi i i d d dli f– (1) provide the owner a list of deficiencies and a deadline for completing modifications; and

– (2) grant an extension, consistent with established procedures, if satisfactory evidence is presented showing that the time period y p g pspecified is inadequate to perform the necessary corrections.

(b) When corrective modifications are required to achieve compliance, the owner shall provide written verification of the corrective modifications to the department, a registered accessibility specialist, or a contractto the department, a registered accessibility specialist, or a contract provider.

Clarifies the obligation of the owner to pursue corrective difi ti d id itt ifi ti f l timodifications and provide written verification of completion.

68 60 N ti f S b t ti l C li68.60 Notice of Substantial Compliance

The Department shall provide a Notice of Substantial Compliance to the owner, at the owner’s request through submission of a Notice of Substantial Compliance Request Form, after a newly constructed building or facility has had aForm, after a newly constructed building or facility has had a satisfactory inspection or verification of corrective modifications has been submitted.

68 10168 101 104 Ad i i t ti R l104 Ad i i t ti R l68.101 68.101 –– 104 Administrative Rules104 Administrative Rules

68.101 - Clarifies minimum requirements for state leased building/facilities which must comply whether there is associated construction or not.68 102 Add T A ibilit St d d (TAS) i d68.102 - Addresses Texas Accessibility Standards (TAS) scoping and application provisions for public right-of-way projects that are subject to the Act.68.103 - Language allows specific alternative standards to be accepted g g p pas meeting or exceeding the requirements of TAS for detention and correctional facilities. The alternative standards to be recognized are Sections 11 2.3(1) & (2) and Chapter 12 of Title 36 of the CFR.68.104 - At fire stations, common use spaces and elements accessed68.104 At fire stations, common use spaces and elements accessed exclusively by fire-fighting personnel or other emergency responders are only required to be adaptable. Additionally, at multi-level fire stations, levels accessed exclusively by fire-fighting personnel are not required to be served by an accessible route. Public spaces and elements withinbe served by an accessible route. Public spaces and elements within these facilities must comply with all applicable technical standards.

Website Information

li t t twww.license.state.tx.us

Online Complaint IntakeLaw and Administrative RulesLaw and Administrative RulesFrequently Asked Questions and Contact I fInfoList Server Updates and Real Audio MeetingsDatabases

AB Program ManagerR b t PRobert Posey

[email protected](512) 539-5670( )

TDLRc/o: Robert PoseyP.O. Box 12157Austin, Texas 78711

Accessible RoutesAccessible RoutesTAS 4 3TAS 4.3

Protruding ObjectsProtruding ObjectsTAS 4 4TAS 4.4

Using the space below the stairs Using the space below the stairs i t t bli t t blis not acceptableis not acceptable

Ground SurfacesGround SurfacesTAS 4 5TAS 4.5

ParkingParkingTAS 4 6TAS 4.6

Curb RampsCurb RampsTAS 4 6TAS 4.6

Grooved WarningsGrooved Warnings

BuiltBuilt--Up Curb RampUp Curb Ramp

Flared SidesFlared Sides

Returned CurbsReturned Curbs

Diagonal Curb RampDiagonal Curb Ramp

No Detectable WarningsNo Detectable Warnings

Texture & ContrastTexture & Contrast

No Lower LandingNo Lower Landing

Truncated DomesTruncated Domes

Grooved SegmentGrooved Segment

Blended TransitionBlended Transition

Will this work?Will this work?

Integration w/o relocation of utilitiesIntegration w/o relocation of utilities