It has been brought to the Texas Department of Licensiong and Regulation (TDLR) 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.
But in order to be able to use the 2012 TAS before March 15, your entire facility or alteration must comply with the new standards. You can pick and choose. If you want to pick a portion to comply with the 2012 TAS and the rest of the project to be under the 1994 TAS, you must request a variance from TDLR.