Presented by the Texas Department of Licensing and Regulation

Transcription

1 Overview of TDLR and State Accessibility Requirements Presented by the Texas Department of Licensing and Regulation

2 Umbrella Licensing i Agency The Texas Department of Licensing and Regulation (TDLR) is the umbrella licensing agency that currently oversees 28 types of businesses, trades, industries, and occupations.

3 Who Oversees TDLR? TDLR's governing body is the Texas Commission of Licensing and Regulation whose seven members are appointed by the Governor. The Commission appoints the agency s Executive Director. Th E ti Di t Willi K t The 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.

4 Primary Responsibilities The agency is primarily responsible for: issuing registrations, certifications, & licenses; establishing rules and standards; conducting reviews and inspections; investigating complaints; and enforcing statute and rule requirements.

5 Statutes We Administer Barbering Combative Sports Cosmetologists Discount Health Care Card Program For-Profit Legal Services Identity Recovery Service Contract Providers Loss Damage Waivers Personnel Employment Services Service Contract Providers Staff Leasing Services Talent Agencies Temporary Common Worker Providers Tow Trucks, Operators and Vehicle Storage Facilities Used Auto Parts Recyclers Vehicle Protection Product Warrantors Auctioneers Licensed Court Interpreters Polygraph Examiners Property Tax Consultants Property Tax Professionals Air Conditioning and Refrigeration Architectural Barriers Boiler Safety Electricians Elevator / Escalator Safety Industrialized Housing and Buildings Water Well Drillers and Pump Installers Weather Modification

6 Functional Alignment 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 ENFORCEMENT DIVISION Complaints & Investigations Administrative Sanctions and Penalties

7 Functional Alignment LICENSING DIVISION Project Registration Registered Accessibility Specialist (RAS) Registration ti COMPLIANCE DIVISION (George Ferrie, Director) Building & Mechanical Section (David Gonzales, Mgr.) Architectural Barriers Program (Robert Posey, Mgr.) Field Operations (Henry Ross, Mgr.) ENFORCEMENT DIVISION Complaints & Investigations Administrative Sanctions and Penalties

8 Architectural t Barriers Program Architectural Barriers Program (Austin Headquarters) Technical Assistance Education/Seminars Plan Reviews and Variances Follow-Up on Corrective Modifications RAS Audit/Monitoring

9 ADA and TABA Comparison

10 Heirarchy The Law, Rules, and Standards d Statute (Chapter the Law) Administrative Rules (Chapter 68) Texas Accessibility Standards (TAS) Scoping Section (TAS ) 4.1.7) Technical Requirements of TAS (TAS ) Special Application Sections of TAS ( )

11 ADA/TABA Comparison Key Points Americans with Disabilities Act ADA Federal Law Civil Rights Law ADAAG Generally, no requirement for plan review, or inspection; although federally-funded projects may require review or inspection prior to release of federal funds Administered/Enforced by US DOJ Enforcement is driven by consumer complaints Texas Architectural Barriers Act TABA State Law Construction Law/Building Code TAS (Equivalent to ADAAG) Requires project registration with the state, plan review, and inspection of subject facilities. Accessibility compliance is pursued throughout the process Administered/Enforced by TDLR Enforcement is driven by consumer, industry, and Department t complaints

12 ADA/TABA Comparison Key Points Americans with Disabilities Act (ADA) Applies to existing as well as newly constructed, renovated, modified, or altered buildings including: - facilities for public and government entities; - private entities defined as public accommodations; and, - commercial facilities. Texas Architectural Barriers Act (TABA) Only applies to buildings and facilities that are newly constructed, renovated, modified, or altered after the subject date as stated in the Act, except for buildings or facilities leased to the State

13 ADA/TABA Comparison Key Points Americans with Disabilities Act (ADA) Texas Architectural Barriers Act (TABA) Requires removal of existing Does not require existing architectural/structural barriers in buildings or facilities to be existing public accommodations if made accessible unless they such modifications are readily are renovated, altered, or achievable. The ADA rules added to, or unless they are define readily achievable as leased to the State. easily accomplishable and able to be carried out without much difficulty or expense.

14 ADA/TABA Comparison Key Points Americans with Disabilities Act (ADA) Requires public entities to operate each service, program, or activity, so that, when viewed in its entirety, it is readily accessible to and usable by individuals with disabilities. Does not necessarily require each existing facility to be accessible to and usable by individuals with disabilities. Texas Architectural Barriers Act (TABA) In September 1996, the U.S. DOJ certified that the Texas Accessibility Standards (eff. April 1, 1994), Ati Article 9102 (as amended Sept. 1, 1993), and the Architectural Barriers Rules, Chap. 68 (as amended June 1, 1994), meet or exceed the new construction and alteration Requirements of Title III of the ADA. (not applicable to Title II)

15 ADA/TABA Comparison Key Points ADA Accessibility Guidelines (ADAAG) Developed by the Architectural and Transportation Barriers Compliance Board (ATBCB) for Title III of the ADA; may be used for Title II of the ADA except that the elevator exemption does not apply. Texas Accessibility Standards (TAS) Developed from the ADAAG by TDLR; Certified by U.S. DOJ as equivalent to ADAAG for Title III of the ADA. Applies to all categories of buildings and facilities covered by the Act.

16 ADA/TABA Comparison Contact t Information Americans with Disabilities Act (ADA) For questions concerning ADA call the ADA Hotline at (800) or the U.S. DOJ at (202) or visit their website For questions concerning the ADAAG call the ATBCB at (800) (USA-ABLE) or visit their website Texas Architectural Barriers Act (TABA) For questions concerning the TABA or TAS call TDLR at (877) or (512) Or you may visit our web site at

17 Key Provisions of the TABA Government Code, Chapter 469

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

19 Applicability of Standards Section (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 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 state under any lease or rental agreement entered into on or after January 1, Privately funded buildings and facilities defined as public accommodations by the Americans with Disabilities Act of 1990, that are constructed, renovated, modified, or altered on or after January 1, Privately funded building and facilities defined as commercial facilities by the Americans with disabilities Act of 1990, that are constructed or renovated, modified or altered on of after September 1, 1993.

20 Architectural Barriers Administrative Rules An Overview of Recent Changes An Overview of Recent Changes Rules Effective September 1, 2010

21 68.10 Definitions iti 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 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. The definition of issue mirrors language in line with policy/interpretations established by the Texas Board of Architectural Examiners and Texas Society of Architects regarding what constitutes issue of construction documents.

22 68.10 Definitions iti (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 engineer. (16) Overall Responsibility--The level of responsibility held by an architect, interior designer, landscape architect or engineer who prepares construction documents and coordinates the various aspects of the design of a building or facility.

23 Bottomline The design professional with overall responsibility for the design of a constructed or reconstructed building must submit plans and specifications not later than the 20 th day from the date of issue as stipulated by law. Must be accompanied by Proof of Submission form. See Administrative Rule HB 1055, 81 st Legislature, effective September 1, 2009

24 68.10 Definitions iti (21) Registered Building or Facility--For the purposes of of the Act, a registered building or facility is a construction project that has been assigned a project registration number by the department. (22) Registered Accessibility Specialist--An individual who is certified by the department t to perform review and inspection functions of the department.

25 68.30 Exemptions (9) Specific Employee Work Areas. Employee work areas, or 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 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 is also included here.

26 68.31 Variances (b) Variance Applications shall be submitted by the owner of the subject building or facility, and shall be accompanied by the applicable fee, plans of all affected areas, and any supporting documentation ti such as photos, cost analyses, and code references. (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 Clarifies who may submit a variance and what to include in a variance application.

27 68.50 Submission i of Documents (a) An architect, interior designer, landscape architect, or engineer with overall responsibility for the design of a building or facility subject to 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 20th day after the plans and specifications are issued. In computing time under this subsection, a Saturday, Sunday or legal holiday is not included.

28 68.50 Submission i of Documents (b) In instances when there is not a design professional with overall responsibility, the owner of a building or facility subject to of the Act, shall mail, ship, or hand- deliver 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. ti (c) An Elimination of 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.

29 68.51 Review of Construction ti 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 accessibility 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 construction ti documents, change orders, addenda, d 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 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.

30 68.52 Inspections (a) The owner of a building or facility subject to 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 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 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 proceeding 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.

31 68.53 Corrective Modifications (a) When corrective modifications are required to achieve compliance, the department, a registered accessibility specialist, or a contract provider shall: (1) provide the owner a list of deficiencies i i and a deadline dli for completing modifications; and (2) grant an extension, consistent with established procedures, if satisfactory evidence is presented showing that the time period specified 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 contract provider. Clarifies the obligation of the owner to pursue corrective modifications and provide written verification of completion.

32 Notice of Substantial ti 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 a satisfactory inspection or verification of corrective modifications has been submitted.

33 Administrative i ti Rules Clarifies minimum requirements for state leased building/facilities which must comply whether there is associated construction or not Addresses Texas Accessibility Standards d (TAS) scoping and application provisions for public right-of-way projects that are subject to the Act Language g allows specific alternative standards to be accepted as meeting or exceeding the requirements of TAS for detention and correctional facilities. The alternative standards to be recognized are Sections (1) & (2) and Chapter 12 of Title 36 of the CFR 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 within these facilities must comply with all applicable technical standards.

34 Website Information t t Online Complaint Intake Law and Administrative Rules Frequently Asked Questions and Contact Info List Server Updates and Real Audio Meetings Databases

35 AB Program Manager Robert Posey (512) TDLR c/o: Robert Posey P.O. Box Austin, Texas 78711

36 Accessible Routes TAS 4.3

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44 Protruding Objects TAS 4.4 4

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48 Using the space below the stairs is not acceptable

49 Ground Surfaces TAS 4.5

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52 Parking TAS 4.6

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61 Curb Ramps TAS 4.6

62 Grooved Warnings

63 Built-Up Curb Ramp

64 Flared Sides

65 Returned Curbs

66 Diagonal Curb Ramp

67 No Detectable Warnings

68 Texture & Contrast

69 No Lower Landing

70 Truncated Domes

71 Grooved Segment

72 Blended Transition

73 Will this work?

74 Integration w/o relocation of utilities