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