reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 67 - AUCTIONEERS › Section 67.23 - Pre-Licensure Education

Current through Reg. 49, No. 28; July 12, 2024
(a) Proprietary
				auction schools having a Certificate of Approval issued by the Texas Workforce
				Commission may obtain department approval by submitting an application for
				Auction School Registration along with the certification and payment of the
				curriculum review fee.
(b) Other
				auction schools submitting an application for Auction School Registration will
				be reviewed on a case by case basis to assure that licensing applicants
				presenting credentials from the schools will have completed at least 80 hours
				of classroom instruction in courses relating to auctions.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 67 - AUCTIONEERS › Section 67.24 - License Renewal

Current through Reg. 49, No. 28; July 12, 2024
Licenses expire one year from the date of issuance and must
				  be renewed by that date to avoid late renewal fees.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 67 - AUCTIONEERS › Section 67.25 - Continuing Education

Current through Reg. 49, No. 28; July 12, 2024
(a) Terms used in
				this section have the meanings assigned by Chapter 59 of this title, unless the
				context indicates otherwise.
(b) To
				renew a license as an auctioneer or associate auctioneer, a licensee must
				complete six hours of continuing education in courses approved by the
				department, including two hours of instruction in laws and rules that regulate
				the conduct of auctioneers and associate auctioneers.
(c) The continuing education hours must have
				been completed within the term of the current license, in the case of a timely
				renewal. For a late renewal, the continuing education hours must have been
				completed within the one year period immediately prior to the date of
				renewal.
(d) A licensee may not
				receive continuing education credit for attending the same course more than
				once.
(e) A licensee must retain a
				copy of the certificate of completion for a course for one year after the date
				of completion. In conducting any inspection or investigation of the licensee,
				the department may examine the licensee's records to determine compliance with
				this subsection.
(f) To be approved
				under Chapter 59 of this title, a provider's course must be dedicated to
				instruction in one or more of the following topics:
(1) Texas Occupations Code, Chapter 1802,
				Auctioneers;
(2) Title 16, Texas
				Administrative Code, Chapter 67, Auctioneers Administrative Rules;
(3) other laws and rules that regulate the
				conduct of auctioneers and associate auctioneers;
(4) auction-related laws, such as the Uniform
				Commercial Code - Sales, Title 1, Chapter 2, Texas Business and Commerce Code
				§
										RSA
				2.328 and the Deceptive Trade Practices -
				Consumer Protection Act, Chapter 17, Subchapter E, Texas Business and Commerce
				Code; or
(5) business practices,
				such as insurance, auction ethics, contracts, maintenance of trust accounts,
				and marketing.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 67 - AUCTIONEERS › Section 67.30 - Exemptions

Current through Reg. 49, No. 28; July 12, 2024
(a) An auction of property by live bid call,
				if the property is solely bid upon through the internet, is not subject to this
				chapter or Texas Occupations Code, Chapter 1802 and is exempt under
				§1802.002(4).
(b) For purposes
				of this chapter and Texas Occupations Code, Chapter 1802, the sale of real or
				personal property is not considered to be a competitive bid subject to this
				chapter if all of the material terms of the transaction other than price are
				not the same.
(c) This chapter does
				not apply to a person providing an online platform to facilitate an
				auction.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 67 - AUCTIONEERS › Section 67.65 - Auctioneer Advisory Board

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				board is established to advise the commission on educational matters,
				operational matters, and common practices within the auction industry,
				including those matters relating to use of the educational trust fund
				established with fees collected for the auctioneer education and recovery
				fund.
(b) Recommendations of the
				board will be transmitted to the commission.
(c) One member shall be the administrative
				head, or the administrative head's designee, of any state agency or office that
				is selected by the commission.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 67 - AUCTIONEERS › Section 67.70 - Auctioneer Standards of Practice

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Advertising
(1) All advertisements designed
				to solicit auction business, including the advertisement of an auction, shall
				include the auctioneer's name as it appears on the license and the license
				number.
(2) If an auctioneer
				advertises an auction as "absolute" or "without reserve", no lots included may
				have a minimum bid. Advertising may include the wording "many lots are without
				reserve"; however, the auction may not be titled, headed or called an
				"absolute" or "without reserve" auction unless all lots meet the
				criteria.
(3) An auctioneer who
				intends to charge a buyer's premium at an auction must state this condition and
				the amount of the buyer's premium in all advertising for the auction.
(4) An auctioneer may not make a false or
				misleading statement in an advertisement.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 67 - AUCTIONEERS › Section 67.71 - Requirements - Sponsoring Auctioneer

Current through Reg. 49, No. 28; July 12, 2024
(a)
				There must be a legitimate employee-employer relationship between an associate
				auctioneer and the sponsoring auctioneer or between the associate and an
				auction company operated by a licensed auctioneer that employs the sponsoring
				auctioneer.
(b) A sponsoring
				auctioneer must be on the premises and directly supervising an associate
				auctioneer when the associate is bid calling.
(c) A sponsoring auctioneer is responsible
				for supervision of an associate auctioneer as the associate performs the items
				listed in §67.72(c).
(d) An
				auctioneer who terminates the sponsorship of an associate auctioneer must:
(1) within thirty (30) days notify the
				department in writing; and
(2)
				provide signed documentation to the associate auctioneer showing:
(A) the beginning and ending date of
				sponsorship;
(B) date and location
				of up to ten (10) auctions bid called by the associate;
(C) items listed in §67.72(c), that the
				associate has performed.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 67 - AUCTIONEERS › Section 67.72 - Requirements - Associate Auctioneers

Current through Reg. 49, No. 28; July 12, 2024
(a)
				An associate auctioneer shall provide auction services only when under the
				supervision of the licensed Texas auctioneer whose name is on file with the
				department as the associate's sponsoring auctioneer.
(b) When bid calling, an associate auctioneer
				must be under the direct on-premises supervision of the sponsoring
				auctioneer.
(c) In order to be
				eligible for licensure as an auctioneer without taking the examination, an
				associate auctioneer must participate in all aspects of the auction business
				involving the laws of this state, in at least ten (10) auctions including but
				not limited to:
(1) appraising;
(2) inventorying;
(3) advertising;
(4) property make ready;
(5) site selection and preparation;
(6) lotting;
(7) registration;
(8) clerking;
(9) cashiering;
(10) bid-calling;
(11) ring working;
(12) property check out;
(13) security;
(14) accounting; and
(15) escrow account procedures.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 67 - AUCTIONEERS › Section 67.80 - Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) The application fee for an auctioneer
				license is $50.
(b) The application
				fee for an associate auctioneer license is $25.
(c) The annual application fee to renew an
				auctioneer license is $50.
(d) The
				annual fee to renew an associate auctioneer license is $25.
(e) Late renewal fees for licenses issued
				under this chapter are provided under §
									RSA
				60.83 of this title (relating to Late Renewal
				Fees).
(f) Inactive License
				Status--Auctioneer
(1) The fee to place a
				license on 'inactive' status--no charge.
(2) The fee to renew a license on 'inactive'
				status--renewal fee as stated in subsection (c) or (d).
(3) The fee to change from 'inactive' status
				to 'active status' is $25.
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 68.1 - Authority

Current through Reg. 49, No. 28; July 12, 2024
These rules are promulgated under the authority of Texas
					 Government Code, Chapter 469, Elimination of Architectural Barriers, and Texas
					 Occupations Code, Chapter 51.
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 68.11 - Technical Standards and Technical Memoranda

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas
				  Commission of Licensing and Regulation adopts by reference the 2012 Edition of
				  the Texas Accessibility Standards (TAS), effective March 15, 2012.
(b) The department may publish memoranda to
				  provide clarification of technical matters relating to the Act, TAS, and this
				  chapter.
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 68.12 - Forms

Current through Reg. 49, No. 28; July 12, 2024
(a) To meet the
				  requirements of this chapter, only forms prescribed by the department will be
				  accepted.
(b) Project registration
				  forms submitted to a registered accessibility specialist by an owner must be
				  uploaded in TABS.
(c) The
				  unauthorized alteration of a department form in any manner is
				  prohibited.
(d) A form that has not
				  been completed will not be accepted.
(e) It is a violation of this chapter to
				  provide false or misleading information when submitting a registration forms or
				  project information to the department.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 68 - ELIMINATION OF ARCHITECTURAL BARRIERS › Subchapter B - REGISTRATION REQUIREMENTS; EXEMPTIONS › Section 68.20 - Buildings and Facilities Subject to Compliance

Current through Reg. 49, No. 28; July 12, 2024
(a) All buildings
				  or facilities listed under this section are subject to compliance with the Act,
				  TAS, and this chapter, regardless of the estimated cost of construction, unless
				  exempted under §68.30.
(b) The
				  following buildings and facilities are subject to compliance with the Act, TAS,
				  and this chapter:
(1) A building or facility
				  used by a public entity if it is constructed, renovated, or modified, in whole
				  or in part, on or after January 1, 1970, using funds from the state or a
				  county, municipality, or other political subdivision of the state.
(2) A building or facility leased for use or
				  occupied, in whole or in part, by the state under a lease or rental agreement
				  entered into on or after January 1, 1972, except as modified under
				  §68.22.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 68 - ELIMINATION OF ARCHITECTURAL BARRIERS › Subchapter B - REGISTRATION REQUIREMENTS; EXEMPTIONS › Section 68.21 - Registration of Project or Lease Required

Current through Reg. 49, No. 28; July 12, 2024
(a) Projects
				  registration required. A building or facility being constructed, renovated, or
				  modified with an estimated construction cost of $50,000 or more that is subject
				  to compliance with the Act, the TAS, and this chapter must be registered with
				  the department. To register a construction project, an owner must submit:
(1) an application on a form as prescribed by
				  the department; and
(2) the
				  required fee in §68.80.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 68 - ELIMINATION OF ARCHITECTURAL BARRIERS › Subchapter B - REGISTRATION REQUIREMENTS; EXEMPTIONS › Section 68.22 - State Leases

Current through Reg. 49, No. 28; July 12, 2024
(a) State leased
				  buildings or facilities with an annual lease expense of $12,000 or more must be
				  registered with the department in accordance with §68.21.
(b) Buildings or facilities that are leased
				  or occupied in whole or in part for use by the state, shall meet the following
				  requirements of TAS:
(1) New construction
				  shall comply with TAS 201.1.
(2)
				  Additions shall comply with TAS 202.2.
(3) Alterations shall comply with TAS 202.3
				  and 202.4.
(4) Historic buildings
				  or facilities shall comply with TAS 202.5.
(5) Existing buildings and facilities are
				  ones that have not been constructed, renovated, or modified since April 1,
				  1994. In an existing building or facility, where alterations are not planned or
				  the planned alterations will not affect an area containing a primary function,
				  the following minimum requirements shall apply:
(A) If parking is required as part of the
				  lease agreement or is provided to serve the leased area, accessible parking
				  spaces shall comply with TAS 208 and 502.
(B) An accessible route from the parking
				  area(s) shall comply with TAS 206 and 402.
(C) At least one entrance serving the leased
				  space shall comply with TAS 206.4.5 and 404.
(D) If toilet rooms or bathrooms are required
				  by the lease agreement or are provided to serve the leased area, at least one
				  set of men's and women's toilet rooms or bathrooms or at least one unisex
				  toilet room or bathroom serving the leased area shall comply with TAS 213 and
				  603.
(E) Signage at toilet rooms or
				  bathrooms shall comply with TAS 703. Toilet rooms or bathrooms serving the
				  leased area which are not accessible shall be provided with signage complying
				  with TAS 703.1, 703.2.4, 703.2.5, 703.6.2 and 703.7 indicating the location of
				  the nearest accessible toilet room or bathroom within the facility.
(F) If drinking fountains are required by the
				  lease agreement, or are provided to serve the leased area, at least one
				  fountain shall comply with TAS 602. If more than one drinking fountain is
				  provided, at least 50% shall comply with TAS 602.
(G) If public telephones are required by the
				  lease agreement, or are provided to serve the leased area, at least one public
				  telephone shall comply with TAS 704.
(H) If an element or space of a lease is not
				  specified in this subsection but is present in a state leasehold, that element
				  or space shall comply with TAS 201.1.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 68 - ELIMINATION OF ARCHITECTURAL BARRIERS › Subchapter B - REGISTRATION REQUIREMENTS; EXEMPTIONS › Section 68.30 - Exemptions

Current through Reg. 49, No. 28; July 12, 2024
The following buildings, facilities, spaces, or elements
					 are exempt from the provisions of the Act:
(1) Federal Property. Buildings or facilities
				  owned, operated, or leased by the federal government;
(2) 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 the following: parking facilities, accessible routes,
				  walkways, hallways, toilet facilities, entrances, public telephones, drinking
				  fountains, and exits;
(3) 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;
(4)
				  Residential Facilities. Those portions of public or privately funded
				  apartments, condominiums, townhomes, and single-family dwellings used
				  exclusively by residents and their guests; and
(5) Places of Primary Residence. An
				  establishment or place of lodging that does not have more than five rooms for
				  rent or hire and that is occupied by the proprietor as their primary
				  residence.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 68 - ELIMINATION OF ARCHITECTURAL BARRIERS › Subchapter B - REGISTRATION REQUIREMENTS; EXEMPTIONS › Section 68.31 - Variance Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) To request a
				  variance waiving or modifying an accessibility standard, an owner or the
				  owner's designated agent must submit:
(1) a
				  complete a separate form prescribed by the department for each registered
				  project within a single building or facility;
(2) supporting documentation, including
				  photos, cost analyses, and code references; and
(3) the required fee in
				  §68.80.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 68 - ELIMINATION OF ARCHITECTURAL BARRIERS › Subchapter C - OWNER RESPONSIBILITIES › Section 68.40 - Owner Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
(a) An owner with a
				  construction project with an estimated construction cost of $50,000 or more is
				  subject to compliance with the Act, TAS, and this chapter.
(b) Within 30 days of the change occurring,
				  an owner must notify the department of a change in:
(1) contact information; or
(2) property ownership.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 68 - ELIMINATION OF ARCHITECTURAL BARRIERS › Subchapter C - OWNER RESPONSIBILITIES › Section 68.41 - Inspection Required

Current through Reg. 49, No. 28; July 12, 2024
(a) The owner of a
				  building or facility with a project required to be registered under §68.21
				  must obtain an inspection by a registered accessibility specialist no later
				  than one year from the date of the completion of construction.
(b) A request for inspection must be in
				  writing and submitted to a registered accessibility specialist.
(c) The owner, the owner's designated agent,
				  or an individual representing the owner is required to be physically onsite
				  with the registered accessibility specialist during the inspection. A physical
				  or electronic signature must be provided by the owner or designated agent who
				  was present during the inspection on a form prescribed by the
				  department.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 68 - ELIMINATION OF ARCHITECTURAL BARRIERS › Subchapter C - OWNER RESPONSIBILITIES › Section 68.42 - Designated Agent

Current through Reg. 49, No. 28; July 12, 2024
(a) An owner may
				  designate an agent to act on their behalf by submitting a form prescribed by
				  the department. To be valid, the form must be complete and signed by the owner
				  or an individual employed by the owner. A parent or other person associated
				  with the owner is not authorized to submit or sign the form on behalf of the
				  owner.
(b) A designated agent is
				  authorized to:
(1) submit project information
				  changes;
(2) request a waiver or
				  variance;
(3) make a request for
				  inspection;
(4) communicate with
				  the department on behalf of the owner about the registered project;
(5) receive communications from a registered
				  accessibility specialist; and
(6)
				  submit verification of corrections to a registered accessibility specialist and
				  the department.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 68 - ELIMINATION OF ARCHITECTURAL BARRIERS › Subchapter D - CONSTRUCTION DOCUMENTS; INSPECTIONS; COMPLIANCE › Section 68.50 - Submission of Construction Documents

Current through Reg. 49, No. 28; July 12, 2024
(a) If the
				  estimated construction cost is $50,000 or more, all plans and specifications
				  for the construction of or alteration to a building or facility subject to
				  §469.101 of the Act must be submitted by a design professional along with
				  a form prescribed by the department to a registered accessibility specialist
				  not later than the twentieth day after the plans and specifications are issued.
				  In computing time under this section, Saturday, Sunday, and legal holidays are
				  not included. All plans may be submitted in electronic format.
(b) When there is not a design professional
				  with overall responsibility, the owner of a building or facility must submit
				  the construction documents to a registered accessibility specialist prior to
				  filing an application for building permit or commencement of construction in an
				  unincorporated portion of a county that does not issue building
				  permits.
(c) An owner or design
				  professional may submit revised construction documents to a registered
				  accessibility specialist to review, including change orders, addenda, or
				  letters.
(d) Construction documents
				  provided to the department become the property of the department and will not
				  be returned.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 68 - ELIMINATION OF ARCHITECTURAL BARRIERS › Subchapter D - CONSTRUCTION DOCUMENTS; INSPECTIONS; COMPLIANCE › Section 68.51 - Plan Review Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Prior to
				  performing a plan review or plan revision review, a registered accessibility
				  specialist must have project construction documents for the building or
				  facility.
(b) An owner may submit
				  revised or supplemental construction documents for review. Upon receipt, a
				  registered accessibility specialist must verify the date of construction
				  completion in writing with the owner. Revised or supplemental construction
				  documents submitted to the registered accessibility specialist:
(1) prior to the recorded estimated
				  completion of construction must be reviewed as part of a plan revision;
				  or
(2) after completion of
				  construction based on the estimated completion of construction are not required
				  to be reviewed but must be uploaded in the TABS project file.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 68 - ELIMINATION OF ARCHITECTURAL BARRIERS › Subchapter D - CONSTRUCTION DOCUMENTS; INSPECTIONS; COMPLIANCE › Section 68.52 - Inspections and Corrective Modifications

Current through Reg. 49, No. 28; July 12, 2024
(a) Prior to
				  performing an inspection, a registered accessibility specialist must have
				  access to the project in TABS and a written request for inspection from the
				  owner or the owner's designated agent.
(b) To be valid, the owner, the owner's
				  designated agent, or an individual representing the owner is required to be
				  present during the inspection. The individual onsite during the inspection must
				  provide a physical or electronic signature on the inspection form prescribed by
				  the department.
(c) A registered
				  accessibility specialist must complete an inspection report no later than 30
				  days from the date of the inspection. An inspection report must be:
(1) provided to the owner within 30 days of
				  the date of the report;
(2)
				  uploaded in TABS;
(3) typewritten
				  and include, at a minimum:
(A) heading titled
				  "Inspection Report;"
(B) the name
				  and certification number of the registered accessibility preparing the
				  report;
(C) date of the
				  report;
(D) date of the
				  inspection;
(E) TABS project number
				  issued by the department;
(F)
				  facility name;
(G) project name and
				  address; and
(H) violations cited
				  in detailed, followed by the TAS section number, including specific information
				  identifying the location of each violation.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 68 - ELIMINATION OF ARCHITECTURAL BARRIERS › Subchapter D - CONSTRUCTION DOCUMENTS; INSPECTIONS; COMPLIANCE › Section 68.53 - Transmittal Letters

Current through Reg. 49, No. 28; July 12, 2024
(a) A transmittal
				  letter must be provided to an owner no later than the 30th day after the
				  completion of a plan review, plan revision, or inspection and uploaded in
				  TABS.
(b) A transmittal letter must
				  be typewritten and include, at a minimum:
(1)
				  date of the report;
(2) the name
				  and certification number of the registered accessibility preparing the
				  letter;
(3) owner name and
				  address;
(4) TABS project number
				  issued by the department;
(5)
				  project name, facility name, and address;
(6) results paragraph, as
				  applicable;
(7) owner action
				  paragraph, as applicable; and
(8)
				  disclaimer paragraph, as applicable.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 68 - ELIMINATION OF ARCHITECTURAL BARRIERS › Subchapter D - CONSTRUCTION DOCUMENTS; INSPECTIONS; COMPLIANCE › Section 68.60 - Notice of Substantial Compliance

Current through Reg. 49, No. 28; July 12, 2024
The department shall provide a Notice of Substantial
					 Compliance to the owner, at the owner's written request after a newly
					 constructed building or facility has had a satisfactory inspection or
					 verification of corrective modifications has been submitted.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 68 - ELIMINATION OF ARCHITECTURAL BARRIERS › Subchapter D - CONSTRUCTION DOCUMENTS; INSPECTIONS; COMPLIANCE › Section 68.65 - Advisory Committee

Current through Reg. 49, No. 28; July 12, 2024
(a) The Elimination
				  of Architectural Barriers Advisory Committee shall review rules relating to the
				  Elimination of Architectural Barriers program and recommend changes to the
				  Commission.
(b) The Elimination of
				  Architectural Barriers Advisory Committee may review Technical Memoranda
				  relating to the Elimination of Architectural Barriers program and recommend
				  changes.
(c) Recommendations of the
				  committee will be transmitted to the Commission by the Executive Director
				  through the Director of the Compliance Division.
(d) Expenses reimbursed to committee members
				  shall be limited to authorized expenses incurred while on committee business
				  and traveling to and from committee meetings. The least expensive method of
				  travel should be used.
(e) Expenses
				  paid to committee members shall be limited to those allowed by the State of
				  Texas Travel Allowance Guide and the Texas Department of Licensing and
				  Regulation policies governing travel allowances for employees.
(f) The committee shall be composed of
				  building professionals and persons with disabilities who are familiar with
				  architectural barriers problems and solutions. The committee shall be composed
				  of nine members. Persons with disabilities must make up a majority of the
				  membership. Committee members will serve staggered three-year terms.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 68 - ELIMINATION OF ARCHITECTURAL BARRIERS › Subchapter F - REGISTERED ACCESSIBILITY SPECIALISTS › Section 68.70 - Registered Accessibility Specialist Certification-Eligibility, Qualifications, and Application Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) A person may
				  not perform or offer to provide plan review or inspection services unless the
				  person is a certified registered accessibility specialist. To be certified, an
				  individual must:
(1) meet one of the
				  following qualifications:
(A) hold a degree
				  in architecture, engineering, interior design, landscape architecture, or
				  equivalent, and at least one year experience related to building inspection,
				  building planning, accessibility design or review, accessibility inspection, or
				  equivalent;
(B) have at least eight
				  years of experience related to building inspection, building planning,
				  accessibility design or review, accessibility inspection, or equivalent;
				  or
(C) have at least four years of
				  experience related to building inspection, building planning, accessibility
				  design or review, accessibility inspection, or equivalent, and certification by
				  a model building code organization as an accessibility inspector or plans
				  examiner;
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 68 - ELIMINATION OF ARCHITECTURAL BARRIERS › Subchapter F - REGISTERED ACCESSIBILITY SPECIALISTS › Section 68.73 - Registered Accessibility Specialist Certification-Renewal Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) To renew a
				  certification, a registered accessibility specialist must:
(1) submit a complete renewal application in
				  a manner prescribed by the department;
(2) successfully pass a criminal history
				  background check;
(3) complete four
				  hours of continuing education as required under §68.74; and
(4) submit the required fee under
				  §68.80.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 68 - ELIMINATION OF ARCHITECTURAL BARRIERS › Subchapter F - REGISTERED ACCESSIBILITY SPECIALISTS › Section 68.74 - Continuing Education

Current through Reg. 49, No. 28; July 12, 2024
(a) To renew a
				  certification, a registered accessibility specialist must complete four hours
				  of continuing education as provided in this section.
(b) To meet the requirements of this section,
				  continuing education hours must include instruction in one or more of the
				  following topics:
(1) Texas Government Code,
				  Chapter 469, Elimination of Architectural Barriers;
(2) 16 Texas Administrative Code, Chapter 68
				  - Administrative Rules;
(3) 2012
				  Texas Accessibility Standards;
(4)
				  technical memoranda published by the department;
(5) 2010 Standards for Accessible Design or
				  other accessibility guidelines proposed or adopted by the Access Board or
				  United States Department of Justice;
(6) Americans with Disabilities
				  Act;
(7) International Code
				  Council/American National Standards Institute (ANSI) A117.1 Standard on
				  Accessible and Usable Buildings and Facilities; or
(8) life safety codes related to
				  egress.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 68 - ELIMINATION OF ARCHITECTURAL BARRIERS › Subchapter F - REGISTERED ACCESSIBILITY SPECIALISTS › Section 68.75 - Responsibilities of the Registered Accessibility Specialist

Current through Reg. 49, No. 28; July 12, 2024
(a) A registered
				  accessibility specialist may set and collect fees for services rendered but
				  must submit to the department fees received on behalf of the department no
				  later than 30 days after receipt.
(b) A registered accessibility specialist
				  must secure written authorization:
(1) from an
				  owner prior to performing a plan review, inspection, or related activity of a
				  building or facility with an estimated construction cost of less than $50,000
				  or that is not subject to the Act; and
(2) from the department prior to performing a
				  plan review, inspection, or related activity for a building or facility that
				  will be leased or occupied by an agency of the State of Texas.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 68 - ELIMINATION OF ARCHITECTURAL BARRIERS › Subchapter F - REGISTERED ACCESSIBILITY SPECIALISTS › Section 68.76 - Standards of Conduct

Current through Reg. 49, No. 28; July 12, 2024
(a) Competency. A
				  registered accessibility specialist shall ensure compliance, be knowledgeable
				  of, and adhere to the Act, the TAS, and this chapter. A registered
				  accessibility specialist shall exercise reasonable judgment and skill in the
				  performance of plan reviews, inspections, and related activities.
(b) Integrity. A registered accessibility
				  specialist shall not:
(1) be deceitful or
				  make misrepresentations, whether by acts of commission or omission, in the
				  performance of plan review, inspection, and related activities; or
(2) commit acts or practices that constitute
				  threats, coercion, or extortion.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 68 - ELIMINATION OF ARCHITECTURAL BARRIERS › Subchapter F - REGISTERED ACCESSIBILITY SPECIALISTS › Section 68.77 - Shared Services

Current through Reg. 49, No. 28; July 12, 2024
(a) A registered
				  accessibility specialist may engage the services of another registered
				  accessibility specialist to perform services on their behalf.
(b) Each registered accessibility specialist
				  engaged in shared services must:
(1) be
				  actively certified with the department;
(2) complete the assigned plan review or
				  inspection within 30 days of accepting the project in TABS; and
(3) not alter the work product of the other
				  registered accessibility specialist, which includes making amendments to a plan
				  review, inspection report, or corrective modification letter.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 68 - ELIMINATION OF ARCHITECTURAL BARRIERS › Subchapter F - REGISTERED ACCESSIBILITY SPECIALISTS › Section 68.80 - Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) Fees collected by the department will be
				  assessed according to the following fee schedule.
(1) Project filing Fee--$175;
(2) Late Project Filing Fee--$300;
(3) State Lease Inspection (no
				  construction)--$225 per lease;
(4)
				  Special Review or Inspection Fee--$215 per hour, one hour minimum;
(5) Variance Application Fee--$175 each;
(6) Variance Appeal Fee--$200
				  each;
(7) Texas Accessibility
				  Academy Fee--$150.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 68 - ELIMINATION OF ARCHITECTURAL BARRIERS › Subchapter H - ENFORCEMENT › Section 68.90 - Administrative Sanctions or Penalties

Current through Reg. 49, No. 28; July 12, 2024
(a) If a person
				  violates any provision of the Act, the rules, TAS, or an order of the executive
				  director or commission, proceedings may be instituted to impose administrative
				  sanctions, administrative penalties, or both administrative penalties and
				  sanctions in accordance with the provisions of the Act; Texas Occupations Code,
				  Chapter 51; and Title 16, Texas Administrative Code, Chapter 60 (relating to
				  the Texas Commission of Licensing and Regulation).
(b) It is a violation of the Act for a person
				  to perform a plan review or inspection function of the department, unless that
				  person is a department employee or a registered accessibility specialist. A
				  person who is not a registered accessibility specialist and performs a plan
				  review or inspection function of the department is subject to administrative
				  penalties in accordance with the Act or Texas Occupations Code, Chapter 51 and
				  Title 16, Texas Administrative Code, Chapter 60.
(c) Cheating on an examination is grounds for
				  denial, suspension, or revocation of a license, imposition of an administrative
				  penalty, or both.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 68 - ELIMINATION OF ARCHITECTURAL BARRIERS › Subchapter H - ENFORCEMENT › Section 68.93 - Complaints, Investigations, and Audits

Current through Reg. 49, No. 28; July 12, 2024
(a) Complaints. A
				  complaint may be filed against an owner if there is reason to believe that a
				  building or facility is not in compliance with the Act, the rules, or the TAS.
				  A complaint may be filed against a registered accessibility specialist if there
				  is reason to believe that the registered accessibility specialist has violated
				  the Act, the rules, procedures, or the TAS.
(b) Investigations and Audits. Owners of
				  buildings and facilities subject to compliance with the Act, TAS, and this
				  chapter, are subject to investigation by the department. Registered
				  accessibility specialists are subject to investigation and audit by the
				  department.
(c) Inspection of
				  Records. Records pertaining to a project for which plan review, inspection, or
				  related activities have been or will be performed, must be made available by
				  the registered accessibility specialist for inspection upon request. Records
				  must be uploaded in TABS within 14 calendar days of receiving a written request
				  from the department, or within a time prescribed by the department.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 68 - ELIMINATION OF ARCHITECTURAL BARRIERS › Subchapter H - ENFORCEMENT › Section 68.102 - Public Right-of-Ways Projects

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  For public right-of-way projects, in addition to accepting compliance with
				  applicable TAS requirements, the department will also accept compliance with
				  the Proposed Accessibility Guidelines for Pedestrian Facilities in the Public
				  Right-of-Way, published by the Architectural and Transportation Compliance
				  Board (Access Board) on July 26, 2011, 36 CFR Part 1190 or its final adopted
				  guidelines.
(b) For purposes of
				  registration, the estimated cost of construction for the project shall be based
				  on the pedestrian elements only. Construction documents submitted for review
				  are only required to include pedestrian elements being constructed, renovated,
				  modified, or altered as part of the project scope.
(c) Application of TAS shall be limited to
				  those pedestrian elements being constructed, renovated, modified, or altered as
				  part of the project scope. The pedestrian elements shall comply with applicable
				  sections of TAS except as modified by this section.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 68 - ELIMINATION OF ARCHITECTURAL BARRIERS › Subchapter H - ENFORCEMENT › Section 68.103 - Detention and Correctional Facilities

Current through Reg. 49, No. 28; July 12, 2024
For public (State, county or local) detention and
					 correctional facilities to comply with both the ADA and the Architectural
					 Barriers Act (ABA), the number of cells with mobility features and
					 communication features must be:
(1)
				  At least 3 percent, but no fewer than one, of the total number of cells in a
				  facility shall provide mobility features complying with 807.2 of TAS.
(2) At least 3 percent, but no
				  fewer than one, of the total number of general holding cells and general
				  housing cells equipped with audible emergency alarm systems and permanently
				  installed telephones within the cell shall provide communication features
				  complying 807.3 of TAS.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 68 - ELIMINATION OF ARCHITECTURAL BARRIERS › Subchapter H - ENFORCEMENT › Section 68.104 - Accessible Parking Spaces

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  paved accessible parking space must include:
(1) the International Symbol of Accessibility
				  painted conspicuously on the surface in a color that contrasts the
				  pavement;
(2) the words "NO
				  PARKING" painted on any access aisle adjacent to the parking space. The words
				  must be painted:
(A) in all capital
				  letters;
(B) with a letter height
				  of at least twelve inches, and a stroke width of at least two inches;
				  and
(C) centered within each access
				  aisle adjacent to the parking space; and
(3) a sign identifying the consequences of
				  parking illegally in a paved accessible parking space. The sign must:
(A) at a minimum state "Violators Subject to
				  Fine and Towing" in a letter height of at least one inch;
(B) be mounted on a pole, post, wall or
				  freestanding board;
(C) be no more
				  than eight inches below a sign required by Texas Accessibility Standards,
				  502.6; and
(D) be installed so that
				  the bottom edge of the sign is no lower than 48 inches and no higher than 80
				  inches above ground level.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 70 - INDUSTRIALIZED HOUSING AND BUILDINGS › Section 70.1 - Authority

Current through Reg. 49, No. 28; July 12, 2024
These rules are promulgated under the authority of the Texas
				  Occupations Code, Chapters 1202 and 51.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 70 - INDUSTRIALIZED HOUSING AND BUILDINGS › Section 70.20 - Registration of Manufacturers, REF builders, and Industrialized Builders

Current through Reg. 49, No. 28; July 12, 2024
Manufacturers, REF builders, and industrialized builders
				  shall not engage in any business activity relating to the construction or
				  location of industrialized housing or buildings without being registered with
				  the department.
(1) An application for
				registration shall be submitted on a form supplied by the department, and shall
				contain such information as may be required by the department. The application
				shall be signed by the owner of a sole proprietorship, the managing partner of
				a partnership, or an officer of a corporation. The application must be
				accompanied by the fee set forth in §
									RSA
				70.80.
(2) A manufacturer may not construct for
				Texas until the facility has been certified in accordance with §
									RSA
				70.60.
(3) Application requirements for REF builders
				are as follows.
(A) An REF builder shall
				certify at the time of registration that the construction and foundation of all
				REF's built under this registration shall be constructed in accordance with the
				approved construction documents, the mandatory building codes, the engineered
				plans, and department rules and shall be inspected in accordance with §
										RSA
				70.79 and the inspection procedures
				established by the council.
(B)
				Subcontractors or persons responsible for the electrical, plumbing, and HVAC
				construction required to complete the construction shall be licensed as
				required by the applicable state statutes and are not required to be registered
				as REF builders.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 70 - INDUSTRIALIZED HOUSING AND BUILDINGS › Section 70.21 - Registration of Design Review Agencies, Third Party Inspection Agencies and Inspectors, and Third Party Site Inspectors

Current through Reg. 49, No. 28; July 12, 2024
(a) Pursuant to the criteria established by
				the council as set forth in §§
									RSA
				70.22,
				RSA
				70.23, and
				RSA
				70.24 the executive director will recommend
				qualified design review agencies, third party inspection agencies, third party
				inspectors, and third party site inspectors to the council for approval. An
				application for approval shall be submitted in writing to the executive
				director for consideration and recommendation to the council.
(1) The application shall be on the form, and
				contain such information, as may be required by the department and the
				council.
(2) The application shall
				be accompanied by the fee set forth in §
										RSA
				70.80.
(3) The application will be reviewed by
				department staff for compliance to the criteria for approval outlined in this
				section. Applicants that meet the criteria for approval will be recommended to
				the council for approval at the next meeting. The department may issue interim
				approval to applicants found to comply with the criteria for
				approval.