MODEL # 98-2

ADOPTION OF A STATEWIDE ACCESSIBILITY CODE
STATE OF TEXAS
EXECUTIVE SUMMARY

Jurisdiction Statistics:

• Population: 19,759,614
• Size (square miles): 267,277

Regulatory Areas:

• Accessibility

PROBLEM:

Statewide Specialty Code Adoption - No Statewide Building Code

The State of Texas needed to adopt statewide accessibility standards that met or exceeded the Americans with Disabilities Act Accessibility Guidelines (ADAAG), but their state lacks a uniform statewide building code.

SOLUTION:

Adoption of the Texas Accessibility Standards

The State of Texas adopted and implemented the Texas Accessibility Standards (TAS) as an alternative regulatory mechanism to the ADAAG.

DESCRIPTION:

In September of 1996 the US Department of Justice certified the TAS as meeting or exceeding the ADAAG. As a result, any building or construction project that complied with the Texas statute would also be in compliance with the ADAAG. Any modifications or waivers to the Texas code would not be considered in compliance with the ADAAG.

Local Texas jurisdictions are not required to adopt the TAS so several different accessibility standards (such as; ANSI, or the three model codes) are presently being enforced at the local level. Problems arise because of lack of uniformity and occasional noncompliance with the ADAAG and the TAS. Ideally every local jurisdiction would adopt a single form of the ADAAG, thereby ensuring uniformity of enforcement. This would benefit all involved agencies and constituents. As it exists, the statewide code eliminates the federal level and can more stringently and efficiently enforce the standards.

The fact that the Justice Department approved the Texas Accessibility Code is a strong indication that the code is thorough and well detailed. The standards are closely based on the ADAAG. Italics indicate a variation from the ADAAG. Within the case study, prior to the actual accessibility standards, are two short sections (both are entitled "Architectural Barriers") which describe the state level management of the code. The first article is a Texas Civil Statute; the second is the Administrative Rules of the Texas Department of Licensing and Regulation. These define and refer to different administrative entities and functions.

IMPLEMENTATION:

TAS was developed by Department of Licensing & Regulation staff, working closely with the Architectural Barriers Advisory Committee of the State of Texas. Certification of the program by the Department of Justice was a crucial step in its successful implementation.

The state of New Mexico has adopted a similar version of the TAS, and Nevada is also considering adopting it in the near future.

EVALUATION BY STREAMLINING COMMITTEES:

Advantages

• TAS increases productivity and reduces time, cost, and complexity;
• It saves construction costs by catching problems early, preventing contractors from having to repair errors;
• Designers have only one set of standards with which to comply, and the program satisfies all three levels of government--national, state, and local;
• The code is mandatory and cannot be amended locally;
• Code is based on ADAAG and has been certified by the Department of Justice;
• TAS raises the comfort level of the designer in knowing that by meeting the requirements of the state accessibility code, the project will satisfy all of the federal ADA requirements.

Drawbacks

• Does not address housing;
• Must have a strong enforcement mechanism to be successful;
• Must include a plan review and approval process.

The Streamlining Committees designated this program as a streamlined model without modifications. The National Streamline Implementation Committee noted that the greatest value in this model program is the approach to adopting a specialty code in a state without a uniform statewide building code.

FOR MORE INFORMATION OR ASSISTANCE IN CONSIDERING THE USE OF THIS MODEL, PLEASE CONTACT:

Rick Baudoin
Administration & Inspection Manager
Texas Department of Licensing & Regulation
P.O. Box 12157
Austin, TX 78711
Phone: (512) 463-3211
FAX: (512) 475-2886
Email: rick@license.state.tx.us
Website: http://www.license.state.tx.us

Or NCSBCS STAFF:
Carolyn Fitch
National Conference of States on Building Codes and Standards
505 Huntmar Park Drive, Suite 210
Herndon, VA 20170
Phone: (703) 437-0100
FAX:    (703) 481-3596
Email: cfitch@ncsbcs.org