· SB 1802 GOES INTO EFFECT 9-1-2023
RELATING TO ADMINISTRATIVE PROCEDURES IN THE ARCHITECTURAL BARRIERS PROGRAM AT TDLR:
https://capitol.texas.gov/tlodocs/88R/billtext/pdf/SB01802F.pdf#navpanes=0
· NEW ARCHITECTURAL BARRIERS RULE ADOPTIONS EFFECTIVE 9-1-2023
The Texas Commission of Licensing and Regulation adopted amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 68, Subchapter B, §68.30; Subchapter F, §68.70; and Subchapter H, §68.90 and §68.93; adopts new rules at Subchapter A, §§68.11-68.12; Subchapter B, §§68.21-68.22 and §68.31; Subchapter C, §68.40; Subchapter D, §68.53; and Subchapter F, §68.77; and adopts the repeal of existing rules at §68.31, §§68.51-68.54, §§68.73-68.74, §68.79, and §§68.100-68.101, regarding the Elimination of Architectural Barriers program, and the addition of subchapter titles to the existing chapter.
The adopted rules implement changes suggested during the internal four-year rule review, incorporate department procedures for Registered Accessibility Specialists, amend outdated rule language, and restructure the existing rules for better organization and for ease of the reader. The adopted rules also include changes to continuing education requirements to provide additional options for licensees.
The adoption justification was published in the August 25, 2023, issue of theTexas Register (48 TexReg 4642) and is available online. The updated rule chapter will be available on the Secretary of State website upon its effective date of September 1, 2023.
· UPDATED AB RULE LOCATIONS AND HIGHLIGHTS:
Updated Rules locations:
1. General Provisions
2. Registration Requirements; Exemptions
3. Owner Responsibilities
4. Construction Documents; Plan Reviews; and Inspections
5. Advisory Committee
6. Registered Accessibility Specialist
7. Fees
8. Enforcement
New Rules highlights:
1. Incomplete forms will not be accepted. Found in Chapter 68.12. (additional information will be provided regarding updates to TDLR forms)
2. Clarification of the actions that can be completed by an owner’s designated agent. Found in Chapter 68.42.
3. A representative must be present at the time of the inspection by the RAS. Found in Chapter 68.52(b).
4. The RAS continuing education requirements have been reduced. Previously, the RAS was required to complete 8 hours of continuing education each year; now, a RAS must complete 4 hours each year and self-report them to TDLR. These 4 hours no longer must be from a TDLR approved provider. A help sheet regarding questions on RAS continuing education requirements can be found here (EAB-Continuing-Education-Updates.pdf (texas.gov)). Found in Chapter 68.74(b).
· TDLR FORMS UPDATED AND HELP SHEETS:
TDLR has updated all EAB Project forms and provided detailed instructions for them. They are available online now. TDLR has also created some additional help sheets for frequently asked questions about Requests for Inspection and locating CAD numbers. These are also provided on the forms page.
Program News and Updates (posted 9/8/2023 on the TDLR AB webpage)
New Elimination of Architectural Barriers Forms
SEPTEMBER 8, 2023
TDLR has posted new forms with instructions. These forms include detailed instructions on how to complete the forms. Texas Administrative Code Chapter 68.12(d) requires that TDLR forms must be completed in full to be accepted. The building or facility owner is responsible for providing a completed form using the new updates effective September 1, 2023. The Registered Accessibility Specialist is expected to reject any incomplete or expired form from the building or facility owner and can attach this posting when returning the incomplete forms to the owner. A building owner, per Texas Government Code Sec. 469.058, is responsible for any violation of the Elimination of Architectural Barriers program laws or rules and may be subject to administrative penalties for any violation.
In addition:
- Standard Project Registration forms must be completed online through the Texas Architectural Barriers online System (TABS). Mailed standard Project Registration forms sent to TDLR will be returned starting October 1, 2023.
- TDLR will no longer accept old versions of forms. If an old version of a form is dated or mailed to TDLR after to 9/8/23, it will be rejected by TDLR and cause delays in the processing of the required paperwork.
- Project Registration forms and the Owner Agent Designation form must have the required CAD (county appraisal district) number. For assistance finding the CAD number you can review our help sheet.
- The forms cannot be altered in any manner.
- Forms must be printed or typed. Electronic signatures are acceptable, however manipulation of project or contact information on the form after an electronic signature will be considered providing misleading information.
- False or misleading information provided when submitting registration forms or project information to the department is considered a violation of Texas Administrative Code Chapter 68.12(e).
If you have questions, please contact techinfo@tdlr.texas.gov or TDLR customer service.
· EV Charging Station Technical Memo (TM 2012-01) Withdrawn
The Texas Department of Licensing and Regulation has withdrawn the EV Charging Station Technical Memo (TM 2012-01). TDLR will begin work with the Elimination of Architectural Barriers Advisory Committee to develop rules regarding the accessibility requirements for electrical vehicle charging stations. This will include accessibility requirements established by the department as part of Texas Administrative code Chapter 68.