Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 68 - ELIMINATION OF ARCHITECTURAL BARRIERS › Subchapter A - GENERAL PROVISIONS › Section 68.10 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter
					 shall have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Act--Texas Government
				  Code, Chapter 469, Elimination of Architectural Barriers.
(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
				  facility.
(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 related work.
(5)
				  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.
(6) Construction
				  Documents--Drawings, specifications, addenda, change orders, construction
				  change directives and other supplemental documents prepared for the purpose of
				  regulatory approval, permitting, or construction.
(7) 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.
(8) 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.
(9) Day--A calendar day.
(10) Department--The Texas Department of
				  Licensing and Regulation.
(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(s) that hold(s) title
				  to the building or facility subject to compliance with the Act, TAS, and this
				  chapter.
(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) Person--An
				  individual, corporation, partnership, or other legal entity, including a state
				  agency or governmental subdivision.
(22) Project File--Records retained,
				  uploaded, or submitted to TABS.
(23) Public Entity--Any state government
				  agency or unit of local government or special purposes district.
(24) Public Right-of-Way--Public land or
				  property, usually in interconnected corridors, that is acquired for or
				  dedicated to transportation purposes.
(25) Registered Accessibility Specialist--An
				  individual who is certified by the department to perform review and inspection
				  functions of the department.
(26)
				  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).
(27)
				  Sidewalk--That portion of an exterior circulation path that is improved for use
				  by pedestrians and usually paved.
(28) Texas Accessibility Standards (TAS)--The
				  collection of scoping and technical requirements for accessibility to sites,
				  facilities, buildings, and elements by individuals with disabilities,
				  periodically adopted by the Texas Commission of Licensing and
				  Regulation.
(29) Texas
				  Architectural Barriers Online System (TABS)--The online database for the
				  registration of projects subject to the TAS and maintenance of project
				  records.