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RULE §68.10Definitions

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 (the Texas Architectural Barriers Act).

  (2) Building--Any structure located in the State of Texas that is used and intended for supporting or sheltering any use or occupancy.

  (3) 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.

  (4) 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.

  (5) Construction Documents--Documents used for the construction of a building or facility, including working drawings, plans, specifications, addenda, change orders, and other supplemental documents issued for the purpose of construction.

  (6) Contract Provider--The state agency or political subdivision under contract with the department to perform plan reviews, inspections, or both.

  (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) Designated Agent--An individual designated in writing by the owner to act on the owner's behalf.

  (10) Element--An architectural or mechanical component of a building, facility, space, or site, e.g., telephone, curb ramp, door, drinking fountain, seating, or water closet.

  (11) Facility--All or any portion of buildings, structures, site improvements, elements, and pedestrian routes or vehicular ways located on a site: including complexes, equipment, roads, walks, passageways, parking lots, or other real property subject to the Act.

  (12) 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.

  (13) 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.

  (14) 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.

  (15) Pedestrian Access Route--An accessible route for pedestrian use within the public right-of-way.

  (16) 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.

  (17) Public Right-of-Way--The land or property provided for public roadways, including the roadway itself and the areas between the roadway and adjacent properties.

  (18) 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.

  (19) Registered Accessibility Specialist--An individual who is certified by the department to perform review and inspection functions of the department.

  (20) Religious Organization--An organization that qualifies as a religious organization as provided in Texas Tax Code, Chapter 11, §11.20(c).

  (21) Renovation, Modification, or Alteration--Any construction activity, including demolition, involving any part or all of a building or facility. Cosmetic work and normal maintenance do not constitute a renovation, modification, or alteration.

  (22) Rules--Title 16, Texas Administrative Code, Chapter 68, the administrative rules of the Texas Department of Licensing and Regulation promulgated pursuant to the Act.

  (23) Sidewalk--That portion of an exterior circulation path that is improved for use by pedestrians and usually paved.

  (24) State Agency--A board, commission, department, office, or other agency of state government.

  (25) TAS--The 2012 Texas Accessibility Standards which were adopted by the Commission and became effective March 15, 2012.

  (26) Variance Application--The formal documentation filed with the department, by which the owner requests that the department waive or modify accessibility standards.

Source Note: The provisions of this §68.10 adopted to be effective November 5, 2001, 26 TexReg 8807; amended to be effective February 1, 2005, 30 TexReg 382; amended to be effective March 1, 2007, 32 TexReg 884; amended to be effective March 15, 2012, 37 TexReg 677

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