TAC Chapter 469 - Elimination of Architectural Barriers Law

Question 1

What is the intent of Chapter 469?

Answer 1

To ensure accessibility for persons with disabilities without causing the loss of function, space, or facilities.

This includes promoting rehabilitation and eliminating unnecessary barriers for persons with disabilities.

Question 2

What types of disabilities does Chapter 469 address?

Answer 2

• Nonambulatory disabilities
• Semiambulatory disabilities
• Sight disabilities
• Hearing disabilities
• Disabilities of coordination
• Aging

This chapter focuses on various disabilities to ensure comprehensive accessibility.

Question 3

Define ‘Architect’ as per Chapter 469.

Answer 3

A person registered as an architect under Chapter 1051, Occupations Code.

Question 4

What does ‘Disability’ mean in the context of Chapter 469?

Answer 4

A physical or mental impairment that substantially limits one or more major life activities.

Question 5

What is the role of the ‘Commission’ in Chapter 469?

Answer 5

The Texas Commission of Licensing and Regulation administers and enforces this chapter.

Question 6

What types of buildings are covered under the standards of Chapter 469?

Answer 6

• Buildings used by the public constructed, renovated, or modified on or after January 1, 1970
• Temporary or emergency buildings
• Buildings leased or occupied by the state on or after January 1, 1972
• Privately funded public accommodations constructed, renovated, or modified on or after January 1, 1992
• Privately funded commercial facilities constructed, renovated, or modified on or after September 1, 1993

These standards ensure accessibility in various contexts.

Question 7

True or False: The standards of Chapter 469 apply to places used primarily for religious rituals.

Answer 7

False.

Question 8

What is the responsibility of the owner of a building or facility under Chapter 469?

Answer 8

To pay a fee charged by the commission for performing functions under this chapter.

Question 9

What must the commission do when adopting standards under Chapter 469?

Answer 9

Adopt standards consistent with federal law and the American National Standards Institute.

This ensures that state standards align with national expectations.

Question 10

What is the purpose of the advisory committee formed under Chapter 469?

Answer 10

To review architectural barriers program rules and recommend changes to the commission.

Question 11

Fill in the blank: The commission may impose an _______ on a building owner for violations of Chapter 469.

Answer 11

administrative penalty.

Question 12

What must the department do regarding complaints under Chapter 469?

Answer 12

Monitor complaints until a building or facility is determined to be in compliance or not required to comply.

Question 13

What type of plans must be submitted for review under Chapter 469?

Answer 13

Plans and specifications for the construction, substantial renovation, or modification of a building or facility.

Question 14

What is required for plans and specifications for construction or substantial renovation of a building or facility?

Answer 14

They must be submitted to the department for review and approval if the estimated construction cost is at least $50,000.

This requirement is outlined in Sec. 469.101.

Question 15

Who is responsible for submitting plans and specifications according to Sec. 469.102?

Answer 15

The architect, interior designer, landscape architect, or engineer who has overall responsibility for the design.

This is specified in Sec. 469.102(a).

Question 16

What is the deadline for submitting plans and specifications after they are issued?

Answer 16

Not later than the 20th day after the date they are issued.

Refer to Sec. 469.102(b).

Question 17

Can construction begin before plans and specifications are submitted to the department?

Answer 17

No, the owner may not allow construction, renovation, or modification to begin before submission.

This is stated in Sec. 469.102(c).

Question 18

What must a public official verify before accepting a building construction permit application?

Answer 18

The building or facility must be registered with the department.

This requirement is mentioned in Sec. 469.102(d).

Question 19

What must happen if there are substantial modifications to approved plans and specifications?

Answer 19

They must be resubmitted to the department for review and approval.

This is covered in Sec. 469.103.

Question 20

What does the commission do if an architect or engineer fails to submit plans and specifications timely?

Answer 20

The commission reports the failure to the appropriate licensing authority.

This is outlined in Sec. 469.104.

Question 21

Who is responsible for inspecting a building for compliance after construction is completed?

Answer 21

The owner of the building or facility.

This responsibility is detailed in Sec. 469.105(a).

Question 22

What entities can perform the inspection required under Sec. 469.105?

Answer 22

• The department
• An entity contracted under Section 469.055
• A person holding a certificate of registration under Subchapter E

Refer to Sec. 469.105(b).

Question 23

What specific compliance does the commission require for buildings occupied by state agencies serving persons with mobility impairments?

Answer 23

Complete compliance with adopted standards and specifications.

This is indicated in Sec. 469.106(a).

Question 24

What must happen before a state-leased building for over $12,000 is occupied?

Answer 24

An on-site inspection must be performed to ensure compliance with accessibility standards.

This is mentioned in Sec. 469.106(c).

Question 25

What can the commission do regarding structures not subject to this chapter?

Answer 25

Review plans and specifications and issue a certification of compliance. ## Footnote This is stated in Sec. 469.107.

Question 26

Under what conditions can the commission waive or modify accessibility standards?

Answer 26

* If the application of standards is irrelevant to the building's nature * If compliance is impractical ## Footnote These conditions are outlined in Sec. 469.151(a).

Question 27

What conditions prohibit the commission from waiving or modifying a standard?

Answer 27

* Impairs acquisition of goods/services by persons with disabilities * Violates the Americans with Disabilities Act * Inadequate proof presented ## Footnote This is covered in Sec. 469.152.

Question 28

What must be maintained as public record regarding waivers or modifications?

Answer 28

All evidence supporting a waiver or modification determination. ## Footnote This is specified in Sec. 469.153.

Question 29

What is required to perform review or inspection functions on behalf of a building owner?

Answer 29

A certificate of registration issued under this subchapter. ## Footnote This requirement is noted in Sec. 469.201(a).

Question 30

What fees can the commission charge related to the certificate of registration?

Answer 30

* Application fee * Examination fee * Educational course fee * Issuance fee * Continuing education course fee * Renewal fee ## Footnote These fees are specified in Sec. 469.202.

Question 31

What must an applicant for a certificate of registration file with the commission?

Answer 31

An application on a form prescribed by the executive director. ## Footnote This is stated in Sec. 469.203(a).

Question 32

What are the eligibility requirements for obtaining a certificate of registration?

Answer 32

Applicants must satisfy any requirements adopted by the commission, including education and examination requirements. ## Footnote See Sec. 469.203(b).

Question 33

What does the executive director do regarding examinations for certificates of registration?

Answer 33

Administers separate examinations for different functions (review, inspection, or both). ## Footnote This is covered in Sec. 469.204(a).

Question 34

What must a certificate holder do during the performance of reviews and inspections?

Answer 34

Perform in a competent and professional manner and comply with standards and specifications. ## Footnote This is mandated in Sec. 469.208(a).