TAS 100%

Texas Department of Licensing and Regulation

Lesson 1: What TAS is and who it applies to

Texas Department of Licensing and Regulation (TDLR) · 14 practice questions

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Reading

The Texas Accessibility Standards, TAS, are the technical accessibility requirements TDLR, the Texas Department of Licensing and Regulation, enforces for buildings and facilities in Texas. They are the standard behind GCHS's existing TAS evaluation work and the technical basis for the RAS credential covered elsewhere in this Accessibility Training track. TAS is a Texas state standard, not a federal one, issued under Texas Government Code, Chapter 469. Its technical text is generally the same as the 2010 ADA Standards for Accessible Design, with the Texas differences shown in italics (TAS 101.1).

Legal basis and who administers it

TAS is applied under the authority of Texas Government Code, Chapter 469 (TAS 101.1) and administered by TDLR's Elimination of Architectural Barriers program. That program oversees TAS compliance, licenses Registered Accessibility Specialists (RAS), and manages project registration through the Texas Architectural Barriers online System, TABS. The current edition of TAS, the 2012 TAS, became effective March 15, 2012.

What TAS covers

TDLR's own material describes TAS as reaching public buildings and facilities; privately owned buildings and facilities leased or occupied by state agencies; places of public accommodation; and commercial facilities. Under TAS 101.1, the requirements apply during design, construction, additions to, and alteration of those buildings and facilities, to the extent TDLR's regulations require, not only to new construction. TDLR's own material is also explicit that a building owner's obligation to comply with TAS is not satisfied simply by showing compliance with local building codes; TAS is its own, separate requirement.

Limits on TAS coverage

Which buildings and facilities are subject to TAS, and which are exempt, is set by TDLR's rules in 16 Texas Administrative Code Chapter 68, not by the technical text. Check the current rule text for the exact exemption list before telling an owner that a building is out of scope. The TAS text itself sets three limits that matter in the field. First, it applies to newly designed and newly constructed buildings and to altered portions of existing ones (TAS 201.1); the text does not itself address an existing facility that is not altered, although TDLR has authority over barrier removal in existing facilities under Chapter 469 (TAS 101.2). Second, when a commercial facility or public accommodation is located in a private residence, the portion used exclusively as a residence is not covered, but the entrance, hallways, restrooms, and other portions used by employees or visitors are (exception to TAS 201.1). Third, the definition of transient lodging leaves out a private building with not more than five rooms for rent that the proprietor actually lives in (TAS 106.5.71), so a small owner-occupied bed-and-breakfast is not scoped as transient lodging. Where a building has more than one use, each portion follows the requirements for its own use (TAS 201.2).

Three limits written into the TAS text Three limits: TAS applies to new construction, additions, and altered portions; in a private residence used for a business, only the exclusively residential portion is not covered; and transient lodging leaves out a proprietor-occupied building with not more than five rooms for rent. New and altered work New construction, additions, and altered portions must comply (TAS 201.1) Business in a residence Exclusively residential part is not covered; entry, halls, restrooms used by visitors are covered (TAS 201.1) Small owner-occupied lodging Five or fewer rooms for rent, proprietor lives there: not transient lodging (TAS 106.5.71)
Three limits written into the TAS text. TDLR's rules in 16 TAC Chapter 68 decide which buildings are subject and which are exempt.

How the standard is organized

The 2012 TAS is organized into ten chapters: application, scoping requirements, building blocks, accessible routes, general site and building elements, plumbing elements and facilities, communication elements and features, special rooms, spaces and elements, built-in elements, and recreation facilities. Later lessons in this course will go chapter by chapter into the technical requirements GCHS's rehabilitation and inspection work touches most directly.

How TAS relates to the ADA

TAS and the federal Americans with Disabilities Act, ADA, are separate requirements issued by different authorities, state and federal. Because the TAS technical text tracks the 2010 ADA Standards closely, the two look alike, but the TAS text itself says covered entities must also comply with the U.S. Department of Justice and Department of Transportation ADA regulations (advisory to TAS 101.1). A building project can be subject to both at once, and meeting one does not automatically confirm compliance with the other. For Texas Government Code, Chapter 469 purposes, TDLR makes the determinations on equivalent facilitation, technical infeasibility, and variances under Chapter 68 of the Texas Administrative Code (TAS 103 advisory and 202.3).

Why this matters for GCHS

GCHS already performs TAS evaluations as part of its construction management, inspection, and estimating service lines, and already touches TAS compliance on CDBG and HOME pre-rehab projects. Knowing TAS's legal basis, what it covers, and how it sits alongside the ADA is the foundation the rest of this course, and the RAS credential course, builds on.

Practice questions

1. What is TAS?

  1. Texas's own state accessibility standard, enforced by TDLR
  2. A voluntary guideline with no enforcement mechanism
  3. A federal accessibility law that replaces the ADA in Texas
  4. A private industry certification with no government role

2. Which state agency administers TAS and the Elimination of Architectural Barriers program?

  1. The Texas Department of Agriculture and its rural facilities division
  2. The Texas Department of Licensing and Regulation (TDLR)
  3. The U.S. Department of Housing and Urban Development (HUD)
  4. The Texas Department of Transportation and its highway division

3. When did the current, 2012 edition of TAS become effective?

  1. It has never had a stated effective date
  2. March 15, 2012
  3. January 1, 2010
  4. September 1, 2015

4. According to TDLR's own material, which categories of buildings and facilities does TAS reach?

  1. Public buildings and facilities; privately owned buildings leased or occupied by state agencies; places of public accommodation; and commercial facilities
  2. Private single-family residences only
  3. Only buildings owned outright by the State of Texas
  4. Only buildings that also happen to violate the ADA

5. Does showing compliance with local building codes, by itself, satisfy a building owner's TAS obligation?

  1. Only for commercial facilities, not public buildings, if the local building official signs off on the plans
  2. Yes, local code compliance automatically satisfies TAS once the local building official issues a permit
  3. No, TDLR's material says TAS is a separate requirement, not met by local code compliance alone
  4. Only for buildings built before 1994 that have not been altered since local code adoption

6. How many chapters make up the 2012 TAS?

  1. 25
  2. 4
  3. 7
  4. 10

7. Is TAS the same law as the federal ADA?

  1. Yes, meeting either one always satisfies the other
  2. No, they are separate requirements from different authorities, and a project can be subject to both
  3. Yes, TAS is simply the Texas nickname for the ADA
  4. No, TAS fully replaces the ADA for any building in Texas

8. What is TABS?

  1. The TDLR examination that Registered Accessibility Specialist applicants must pass to be licensed
  2. A federal accessibility database kept by the U.S. Access Board for ADA complaints
  3. A private accessibility consulting firm that reviews plans under contract with owners
  4. The Texas Architectural Barriers online System, used for project registration

9. For purposes of Texas Government Code, Chapter 469, whose procedures does the TAS text cite for variances, technical infeasibility, and equivalent facilitation?

  1. Chapter 68 of the Texas Administrative Code, applied by TDLR
  2. The 2010 ADA Standards for Accessible Design, applied by the local building official
  3. 2 CFR Part 200, applied by the federal agency that funds the project
  4. The International Building Code, applied by the local permitting authority

10. A small business operates out of a private residence. Under the TAS 201.1 exception, which portion is not covered by TAS?

  1. No portion; the whole residence is covered once any business or public use operates anywhere in the building
  2. The portion used exclusively as a residence, but not the entrance, hallways, or restrooms visitors use
  3. Only the front sidewalk and entry door, since the interior of a residence is never covered by TAS under any circumstances
  4. Every room except the restroom, because only plumbing elements are scoped for residences under the exception

11. A site has a building that contains more than one use. How does TAS 201.2 apply?

  1. Only the primary use is scoped, and the other uses follow the primary use's requirements
  2. The most restrictive use governs, and every portion follows those requirements
  3. Each portion complies with the applicable requirements for its own use, based on how that portion is used
  4. Only the uses open to the public are scoped, and all other portions are exempt

12. Under the TAS definition of transient lodging (106.5.71), which of these is left out of the definition?

  1. A private building with not more than five rooms for rent that the proprietor lives in
  2. Any hotel or motel with fewer than 50 guest rooms, regardless of whether an owner lives on the property
  3. Any lodging built before April 1, 1994, if the guest rooms have not been altered since that date
  4. Any lodging owned by a nonprofit organization, whether or not guests stay for short-term periods

13. Under which Texas law does TDLR apply the TAS requirements?

  1. The Uniform Building Code as adopted by local governments in Texas
  2. Title III of the federal ADA, as enforced by the Department of Justice
  3. The Texas Local Government Code provisions on municipal building permits
  4. Texas Government Code, Chapter 469, through TDLR's program

14. Besides new construction, when else does TAS coverage apply to a building or facility?

  1. Only during initial design, never during construction or alteration of the building
  2. Only after a complaint is filed with TDLR against the owner or the design team
  3. During design, construction, additions, and alteration, not only new construction
  4. TAS coverage ends once a certificate of occupancy is issued by the local building official

Glossary

TAS
Texas Accessibility Standards; Texas's own state technical accessibility standard, administered by TDLR.
TDLR
Texas Department of Licensing and Regulation; administers TAS through its Elimination of Architectural Barriers program.
TABS
Texas Architectural Barriers online System; TDLR's system for registering and tracking TAS-covered projects.
16 TAC Chapter 68
TDLR's administrative rules for the Elimination of Architectural Barriers program, including the exemptions and the variance procedures the TAS text refers to.
RAS
Registered Accessibility Specialist; the TDLR-licensed professional who performs TAS plan reviews and inspections, covered in this platform's separate RAS course.
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