The following words and terms, when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise.

1. (1) Act--The Texas Architectural Barriers Act, Texas Civil Statutes, Article 9102.
2. (2) Building--Any structure located in the State of Texas that is used and intended for supporting or sheltering any use or occupancy.
3. (3) Business days--Calendar days, not including Saturdays, Sundays, and legal holidays.
4. (4) Commencement of Construction--Placement of engineering stakes, delivery of lumber or other construction materials to the job site, erection of batter boards, formwork, or other construction related work.
5. (5) Commissioner--As used in Article 9102 and in this chapter, has the same meaning as Executive Director.
6. (6) Completion of Construction--That phase of a construction project which results in occupancy or the issuance of a certificate of occupancy.
7. (7) Construction Documents--Documents used for construction of a building or facility, including working drawings, specifications, addenda, and applicable change orders.
8. (8) Contract Provider--The state agency or political subdivision under contract with the department to perform plan reviews, inspections, or both.
9. (9) Designated Agent--An individual designated by the owner to act on the owner's behalf.
10. (10) Facility--All or any portion of buildings, structures, site improvements, complexes, equipment, roads, walks, passageways, parking lots, or other real property located in the State of Texas.
11. (11) Issue--To mail or deliver plans or specifications to an owner, lessee, contractor, subcontractor, or any other person acting for an owner or lessee for the purpose of construction, or in the case of a state-funded or other public works project, for the purpose of publicly posting the project for bids, after such plans or specifications have been sealed by an architect, interior designer, landscape architect, or engineer.
12. (12) Lessee--With respect to state leased or occupied space, the state agency that enters into a contract with a building owner. In instances of free space or where a written contract is non-existent, reference to the lessee shall mean the occupying state agency.
13. (13) Overall responsibility--The level of responsibility held by an architect, landscape architect, interior designer, or engineer who prepares construction documents for and coordinates the various aspects of the design of a building or facility.
14. (14) Owner--The person or persons, company, corporation, authority, commission, board, governmental entity, institution, or any other entity that holds title to the subject building or facility. For purposes under these rules and the Act, an owner may designate an agent.
15. (15) Registered Building or Facility--For the purposes of Article 9102, §5(k), a registered building or facility is a construction project that has been assigned a project registration number by the department.
16. (16) Registered Accessibility Specialist--An individual who is certified by the department to perform the review functions, inspection functions, or both review and inspection functions of the department.
17. (17) Religious Organization--An organization that qualifies as a religious organization as provided in Vernon's Texas Statutes and Codes Annotated Tax Code, Title 1, Subtitle C, Chapter 11, §11.20(c).
18. (18) Renovated, Modified, or Altered--Any construction activity, including demolition, involving any part or all of a building or facility. Cosmetic work and normal maintenance do not constitute a renovation, modification, or alteration.
19. (19) Rules--Title 16, Texas Administrative Code, Chapter 68, the administrative rules of the Texas Department of Licensing and Regulation promulgated pursuant to the Texas Architectural Barriers Act.
20. (20) State Agency--A board, commission, department, office, or other agency of state government.
21. (21) TAS--the Texas Accessibility Standards.
22. (22) Variance Application--The formal documentation filed with the department, by which the owner petitions the department to rule on the impracticality of applying one or more of the standards or specifications to a building or facility.

Source Note:The provisions of this §68.10 adopted to be effective November 5, 2001, 26 TexReg 8807.