The following words and terms, when used in this chapter shall
have the following meanings, unless the context clearly indicates
(1) Act--Texas Government Code, Chapter 469, Elimination
of Architectural Barriers (the Texas Architectural Barriers Act).
(2) Alteration-- A renovation, modification, or change
to a building or facility that affects or could affect the usability
of the building or facility or portion thereof. Re-roofing, painting,
or wallpapering, or changes to mechanical and electrical systems are
not alterations unless they affect the usability of the building or
(3) Building--Any structure located in the State of
Texas used or intended for supporting or sheltering any use or occupancy.
(4) Commencement of Construction--The date of placement
of engineering stakes, delivery of lumber or other construction materials
to the job site, erection of batter boards, formwork, or other construction
(5) Commerce--Travel, trade, traffic, transportation,
or communication among the several States; between any foreign country
or any territory or possession and any State; or between points in
the same State and through another State or foreign country.
(6) Completion of Construction--The date when a construction
project results in occupancy or the issuance of a certificate of occupancy.
For public roadway projects, completion of construction occurs upon
final payment and release of the contractor performing the work or,
if the work is performed by public employees, removal of barricades
and opening of all traffic lanes for use.
(7) Construction Documents--Drawings, specifications,
addenda, change orders, construction change directives and other supplemental
documents prepared for the purpose of regulatory approval, permitting,
(8) Contract Provider--The state agency or political
subdivision under contract with the department to perform plan reviews,
inspections, or both.
(9) Crosswalk--That part of a roadway where motorists
are required to yield to pedestrians crossing, as defined by state
and local regulations, whether marked or unmarked.
(10) Curb Line--A line that represents the extension
of the face of the curb and marks the transition between the sidewalk
and the gutter or roadway at a curb ramp or flush landing.
(11) Designated Agent--An individual designated in
writing by the owner to act on the owner's behalf.
(12) Element--An architectural or mechanical component
of a building, facility, space, or site, e.g., telephone, curb ramp,
door, drinking fountain, seating, water closet, or public right-of-way.
(13) Estimated Construction Cost--Includes all costs
for construction of a project except site acquisition, architectural,
engineering and consulting fees, furniture, and equipment unless the
equipment is part of the mechanical, electrical, or plumbing systems.
(14) Facility--All or any portion of buildings, structures,
site improvements, elements, and pedestrian routes or vehicular ways
located on a site e.g. complexes, equipment, roads, walks, passageways,
parking lots, or other real property subject to the Act.
(15) Housing at a Place of Education--Public or privately
funded housing operated by or on behalf of an elementary, secondary,
undergraduate, or postgraduate school, or other place of education,
including dormitories, suites, apartments, or other places of residence.
(16) 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, registered
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, registered interior
designer, landscape architect, or engineer.
(17) Overall Responsibility--The level of responsibility
held by an architect, registered interior designer, landscape architect
or engineer who prepares construction documents and coordinates the
various aspects of the design of a building or facility.
(18) Owner--The person or persons, company, corporation,
authority, commission, board, governmental entity, institution, or
any other entity that holds title to the subject building or facility.
For purposes under these rules and the Act, an owner may designate
an agent; however, the owner remains responsible for compliance with
(19) Pedestrian Access Route--A continuous and unobstructed
path of travel provided for pedestrians with disabilities within or
coinciding with a pedestrian circulation path.
(20) Pedestrian Elements--Components that make up a
pedestrian access route including, but not limited to walking surfaces,
ramps, curb ramps, crosswalks, pedestrian overpasses and underpasses,
automated pedestrian signals, elevators, and platform lifts.
(21) Public Entity--Any State or local government or
any department, agency, special purposes district, or other instrumentality
of a State or States or local government.
(22) Public Right-of-Way--Public land or property,
usually in interconnected corridors, that is acquired for or dedicated
to transportation purposes.
(23) Registered Building or Facility--For the purposes
of §469.101 of the Act, a registered building or facility is
a construction project that has been assigned a project registration
number by the department.
(24) Registered Accessibility Specialist--An individual
who is certified by the department to perform review and inspection
functions of the department.
(25) Religious Organization--An organization that qualifies
for an exemption from taxation, as a religious organization as provided
in Texas Tax Code, Chapter 11, §11.20(c).
(26) Rules--Title 16, Texas Administrative Code, Chapter
68, the administrative rules of the Texas Department of Licensing
and Regulation promulgated pursuant to the Act.
(27) Sidewalk--That portion of an exterior circulation
path that is improved for use by pedestrians and usually paved.
(28) State Agency--A board, commission, department,
office, or other agency of state government.
(29) TAS--The 2012 Texas Accessibility Standards which
were adopted by the Commission and became effective March 15, 2012.
(30) Variance Application--The formal documentation
filed with the department, by which the owner requests that the department
waive or modify accessibility standards.