The following buildings, facilities, or spaces are exempted from the Act:

1. (1) Buildings or facilities owned and operated, or leased by the federal government;
2. (2) Construction Sites. Structures, sites, and equipment directly associated with the actual processes of construction, including, but not limited to, scaffolding, bridging, materials hoists, materials storage, construction trailers, portable toilet units provided for use exclusively by construction personnel on a construction site;
3. (3) Raised Security Areas. Raised areas used primarily for purposes of security, life safety, or fire safety, including, but not limited to, observation galleries, prison guard towers, fire towers, or lifeguard stands;
4. (4) Limited Access Spaces. Spaces accessed only by ladders, catwalks, crawl spaces, very narrow passageways, or tunnels;
5. (5) Equipment Spaces. Spaces frequented primarily by personnel for maintenance, repair, or periodic monitoring of equipment. Such spaces, include but are not limited to, elevator pits, elevator penthouses, mechanical, electrical, or communications equipment rooms, piping or equipment catwalks, petroleum and chemical processing and distribution structures, electric substations and transformer vaults, environmental treatment structures, and highway and tunnel utility facilities.
6. (6) Single Occupant Structures. Single occupant structures accessed only by passageways below grade or elevated above grade, including but not limited to, toll booths that are accessed only by underground tunnels.
7. (7) Restricted Occupancy Spaces. Vertical access (elevators and platform lifts) is not required for the second floor of two-story control buildings located within a chemical manufacturing facility where the second floor is restricted to employees and does not contain common areas or employment opportunities not otherwise available in accessible locations within the same building.
8. (8) Places Used Primarily for Religious Rituals. Within a building or facility of a religious organization, an area used primarily for religious ritual, as determined by the owner or occupant. To facilitate the plan review, the owner, or occupant shall include a clear designation of such areas with the plans submitted for review. This exemption does not apply to common areas. Examples of common areas include but are not limited to: parking facilities, accessible routes, walkways, hallways, toilet facilities, entrances, public telephones, drinking fountains, and exits.

Source Note:The provisions of this §68.30 adopted to be effective June 1, 1994, 19 TexReg 3485; amended to be effective May 6, 1998, 23 TexReg 4263; amended to be effective December 5, 1999, 24 TexReg 10855; amended to be effective June 26, 2000, 25 TexReg 6122.