2012 TAS Compliance Criteria Amended

It has been brought to the Department’s attention that buildings and facilities may be constructed or altered in violation of federal accessibility requirements if the Department allows compliance with the 2012 Texas Accessibility Standards (TAS) to be based on the date a construction project is registered. Therefore, the compliance criteria for the 2012 TAS has been amended to be consistent with criteria established by the U.S. Department of Justice for public accommodations and commercial facilities.

Compliance with the 2012 TAS for new construction and alterations of all buildings and facilities subject to Chapter 469.003 is determined by:

•the date the last application for a building permit or permit extension is certified to be complete by a State, county, or local government;

•the date the last application for a building permit or permit extension is received by a State, county, or local government, where the government does not certify the completion of applications; or

•the start of physical construction or alteration, if no building permit is required.

If that date is on or after March 15, 2012, then new construction and alterations must comply with the 2012 TAS. If that date is on or after April 1, 1994, and before March 15, 2012, then new construction and alterations must comply with either the 1994 TAS or the 2012 TAS.

New TAS Approved

The final draft of the 2012 Texas Accessibility Standards (TAS) (2.7MB PDF) was approved for adoption by the Commission on November 1, 2011; however, the revised standards will not become effective until March 15, 2012. Until that time, compliance with the 1994 Texas Accessibility Standards is required.

Compliance with the 2012 TAS will be required on all buildings and facilities subject to Chapter 469.003 when:

- the construction project is registered with the Department on or after March 15, 2012 ; or

- the application for a building permit is issued by a state, county, or local government on or after March 15, 2012; or

- the commencement of construction begins on or after March 15, 2012.

Proposed Rules for Architectural Barriers

The Texas Department of Licensing and Regulation (Department) proposes amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 68, §§68.10, 68.30, 68.31, 68.50, 68.65, 68.74, 68.76, 68.80, 68.100, 68.101, and 68.102 and proposes the repeal of §68.103 and §68.104, regarding the Elimination of Architectural Barriers program.

The proposed rules and repeals implement changes recommended by the Architectural Barriers Advisory Committee. The proposed amendments and repeals are necessary to align the rules to comply with federal law and to adopt the 2012 Edition of the Texas Accessibility Standards (TAS). Additionally, a substantive change is proposed to comply with House Bill (HB) 1055, 81st Legislature, Regular Session (2009) These proposed rules and repeals are to be effective March 15, 2012.

The proposed amendments were published in the September 2, 2011, issue of the Texas Register (36 TexReg 5584). The Department will accept comments on the proposal until October 3, 2011.

TDLR encourages all persons interested in the Architectural Barriers program to review the rule proposal

TDLR issues new and revised Technical Memoranda

The Texas Department of Licensing has revised TM 08-01 which addresses the surface texture and contrast for curb ramps and issued TM 11-01 which addresses the accessibility requirements for electric vehicle charging stations. These Technical Memoranda become effective August 16, 2011 and are available on the TDLR website at:

http://www.license.state.tx.us/ab/techmemos.htm

TM 11-01 (51kb), Electric Vehicle Charging Stations August 16, 2011

TM 08-01 Revised (27kb), Curb Ramps - Surface Texture/Contrast August 16, 2011

Parking spaces and aisles

Sometimes the fix is wrong: Both the parking space and aisles need to be 2% in all directions.

4.6.3* Parking Spaces. Accessible parking spaces shall be at least 96 in (2440 mm) wide. Parking access aisles shall be part of an accessible route to the building or facility entrance and shall comply with 4.3. Two accessible parking spaces may share a common access aisle (see Fig. 9b). Parked vehicle overhangs shall not reduce the clear width of an accessible route. Parking spaces and access aisles shall be level with surface slopes not exceeding 1:50 (2%) in all directions.

proposed 2012 Texas Accessibility Standards available online

An advanced posting of the proposed 2012 state accessibility standards is now available on TDLR's web site. The direct link to the PDF is http://www.license.state.tx.us/ab/TAS%202012%20Draft.pdf . The file is 2.7MB.

Should you wish to offer comment on the proposed standards, they may be addressed to erule.comments@license.state.tx.us.

The proposed standards will be formally posted with the Texas Register as required by the Administrative Procedures Act later this summer.

Ansi A117.1 Code Interpretation

Code Interpretation by Code Development

The Building Code Interpretations Committee was presented with a seemingly straightforward question: "Is the covering installed on water supply and drain pipes under accessible lavatories and sinks subject to the provisions regarding insulation in Section 719.7 of the International Building Code?" The answer provided: "No. The coverings for water supply and drain pipes under accessible lavatories and sinks are not insulation." Despite re-balloting this proposed interpretation, the Committee was unable to reach the required majority of 67 percent needed to issue the interpretation. The questioner was then informed that the Committee interpretation could not be issued.

Subsequently, code change proposal FS 123-09/10, was processed through the Code Development Process, seeking to clarify this issue by adding the language to 719.7, which requires smoke developed and flame spread ratings, "This shall include insulation coverings on exposed supply and drain pipes under accessible lavatories and sinks." The Code Development Committee disapproved this proposal, stating that "This level of protection is not required by the code; this material and application poses no threat to life safety and regulating it achieves nothing." The Code Development committee's position was upheld at the Final Action Hearings despite several public comments in opposition.

As a result, the Building Code Interpretations Committee reconsidered the issue and voted to issue the interpretation by the required majority as a result of the clarity and consensus the Code Development Process brought to the issue.