Compliance Division Staff Report Architectural Barriers Advisory Board Meeting May 2, 2017

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Compliance Division Staff Report

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Compliance Division Staff Report Architectural Barriers Advisory Board Meeting Public Outreach Norman Kieke and Crisi Cooper gave another presentation to the Texas State Technical College in Waco about the TAS and specifically about becoming a Registered Accessibility Specialist (RAS). The presentation was interactive with class participation to perform various tasks while simulating being in a wheelchair, sight and hearing impaired and with compromised dexterity. The class was very well received with several considering the pursuit of a RAS license. Compliance staff have incorporated this focus due to the aging population of the RAS licensees to introduce a younger group to a possibly rewarding career. Compliance staff continue to provide the Texas Accessibility Academy (TAA) four times per year here in Austin. Staff also provide the TAA and other education for the Building Professionals Institute in Arlington and in Houston. The Compliance Division is open to any opportunities for public outreach (conventions, conferences, association meetings, etc.) related to the Architectural Barriers Program; we are available to speak at these types of events. We invite the board and others in the industry to please let us know when an opportunity arises. Please send an email to Yvonne.Lopez@tdlr.texas.gov. Staff Updates Nothing now. Projects Compliance Division staff are currently working with Advisory Board workgroups on Technical Memorandums and PROWAG. The workgroup assigned to the Registered Accessibility Specialist Procedures revision has been temporarily put on hold pending the AB Rule changes effective date and the progress of the new database tracking system. Going forward, designated program staff will work to assist the Software Development Services staff in the development of the new database tracking system to replace the current legacy system. Statistics Compliance staff have been busy auditing the 510 Registered Accessibility Specialists.

Compliance Requirements Architectural Barriers Program Making your new, addition, or renovation construction project accessible for persons with disabilities is a State law called the Elimination of Architectural Barriers Act. The Act has a set of standards that must be met, known as the Texas Accessibility Standards (TAS). Here is link to a PDF version of TAS: http://www.tdlr.texas/ab/abtas.htm The Act is governed through the Texas Department of Licensing and Regulation (TDLR). TDLR does not administer or enforce the Americans with Disabilities Act (ADA), which is federally regulated. TAS compliance is generally a three-step process: (1) Registration, (2) Plan Review and (3) Inspection. Your project may be registered online at: https://www.tdlr.texas.gov/abprojectregistrationonline/ The $175 registration fee must be paid with a credit card during online registration. This fee is processed through the Comptroller s website and is non-refundable. Online registration also requires the designation of a Registered Accessibility Specialist, or RAS, who will provide the plan review and inspection for your project. Here is a link to our online listing of qualified RAS: http://www.tdlr.texas.gov/licensesearch/ Use the first drop down menu to find Registered Accessibility Specialist. You may also search for a RAS by city or by county. Once you find your geographic listing of RAS, their contact information appears next to each name. To complete online registration, you must provide the license number of your chosen RAS. Complete the 8-digit RAS number by adding zeros at the beginning. For example, RAS 777 becomes 00000777. Once you submit the online registration, the RAS will be automatically notified and the RAS may or may not contact you. Each RAS may handle registration differently. You are not obligated to use the RAS from online registration and you may choose a different RAS at any time. A RAS generally will not provide plan review or inspection services for your project until they are paid or have a contract assuring payment for their services. After registration, your RAS will guide you through the final two steps of our process as required by State law: the plan review and the inspection. We are happy to provide additional information and answer any questions you may have through our TechInfo services by phone or online: 512-539-5669 or techinfo@tdlr.texas.gov

Architectural Barriers Advisory Committee Education and Examination Division Projects On the Move We have completed our move to the NC, Suite 105W. Education and School Services Section Total E-Mail Answered by Staff - (as of March 31, 2017) MONTH FY2017 FY 2016 FY 2015 September 1,158 1389 October 1,263 1060 November 744 996 December 653 760 January 955 1060 February 974 1047 March 1,463 994 TOTAL 7,210 7,306 0 Continuing Education Course Completion Record Fees CE Completion Fees Totals Invoiced for fiscal year $1,092,430.00 Total Payments Received for fiscal year $ 973,630.00 Current Balance Due (as of March 31, 2017) $ 118,800.00 School Inspection/Site Visit Section We will begin periodic inspections of Driving Education Schools our goal is to start by May 1 st. Driver Education & Safety Section DES staff attended the Corpus Christi Continuing Education Workshop on Driving Education. Personnel Updates No changes.

STATISTICS AND TRENDS RAS EXAMINATIONS FY 2015 SEP OCT NOV Q1 DEC JAN FEB Q2 MAR APR MAY Q3 JUN JUL AUG Q4 TOT Pass 4 4 0 8 0 2 3 5 3 5 4 12 0 5 0 5 30 Fail 1 0 1 2 2 1 5 8 3 2 1 6 0 1 3 1 17 Total 5 4 1 10 2 3 8 13 6 7 5 18 0 6 0 6 47 Rate 80.0% 100.0% 0.0% 80.0% 0.0% 66.7% 37.5% 38.5% 50.0% 71.4% 80.0% 66.7% 0.0% 83.3% 0.0% 83.3% 63.8% FY 2016 Pass 2 3 4 9 1 3 8 12 3 0 3 6 3 1 3 7 34 Fail 0 5 1 6 1 1 2 4 2 1 5 8 2 5 6 13 31 Total 2 8 5 15 2 4 10 16 5 1 8 15 5 6 6 17 63 Rate 100.0% 37.5% 80.0% 60.0% 50.0% 75.0% 80.0% 75.0% 60.0% 0.0% 37.5% 42.9% 60.0% 16.7% 50.0% 41.2% 54.8% FY 2017 Pass 6 3 6 15 5 5 4 14 4 0 0 4 0 0 0 0 33 Fail 4 4 7 15 2 8 7 17 4 0 0 4 0 0 0 0 36 Total 10 7 13 30 7 13 11 31 8 0 0 8 0 0 0 0 69 Rate 60.0% 42.9% 46.2% 50.0% 71.4% 38.5% 36.45 45.2% 50.0% 0 0 0 0 0 0 0 54.1% Page 2 of 3

FY 2015 RAS CONTINUING EDUCATION SEP OCT NOV Q1 DEC JAN FEB Q2 MAR APR MAY Q3 JUN JUL AUG Q4 TOT Course approvals issued 2 0 3 5 5 11 0 16 3 1 0 4 0 1 0 1 26 Total courses 24 24 26 26 31 34 34 34 27 28 26 26 26 27 0 27 27 Provider renewals 14 20 22 56 30 26 28 84 26 17 16 59 17 16 0 33 232 ***Provider Population 393 386 393 393 388 381 382 382 388 388 389 389 390 395 0 395 395 FY 2016 Provider registrations issued 0 0 0 0 0 0 0 0 1 0 0 1 0 0 0 0 1 Course approvals issued 2 1 0 3 3 0 0 3 0 6 0 6 1 1 1 3 15 Provider renewals 1 0 0 1 0 0 1 1 1 1 0 2 0 1 0 1 5 Total providers 7 7 7 7 7 7 7 7 8 8 8 8 8 8 8 8 8 Total courses 22 22 18 18 20 18 18 18 15 22 23 23 23 22 22 22 22 FY 2017 Provider registrations issued 4 8 1 13 4 11 7 22 5 0 0 5 0 0 0 0 40 Course approvals issued 0 0 6 6 8 10 0 18 0 0 0 0 0 0 0 0 24 Provider renewals 15 24 31 70 27 35 28 90 23 0 0 23 0 0 0 0 183 Total providers 380 409 409 409 407 415 418 418 421 0 0 0 0 0 0 0 421 Total courses 24 24 31 31 38 31 30 30 30 0 0 0 0 0 0 0 30 Page 3 of 3

Case Highlights ARCHITECTURAL BARRIERS ADVISORY COMMITTEE Enforcement Division Staff Report On March 8, an agreed order was entered against DFW Trio Investments, L.P., assessing an administrative penalty of $1,500 for failing to schedule an inspection within one year of construction On March 9, an agreed order was entered against Kirby Lane Parkwood, LLC, assessing an administrative penalty of $750 for failing to schedule an inspection within one year of construction On March 15, an agreed order was entered against Pepsi-Cola Metro Bottling Co., Inc., assessing an administrative penalty of $1,000 for failing to schedule an inspection within one year of construction On March 21, an agreed order was entered against 2015 Shops on the Mainland, LLC, assessing an administrative penalty of $1,500 for failing to schedule an inspection within one year of construction On March 21, an agreed order was entered against Medical Park Plaza, Ltd., assessing an administrative penalty of $500 for failing to ensure that the maneuvering clearance ground surface at the pull side of the entrance door had a slope not steeper than two percent. Key Statistics Fiscal Year 2017 Shown below are key statistics for the Elimination of Architectural Barriers program and for all TDLR programs combined through March of Fiscal Year 2017. Statistic EAB TDLR Number of cases opened: 335 7,306 Number of cases resolved: 308 6,786 Number of Agreed Orders: 126 1,323 Total amount of penalties assessed: $174,900 $3,118,209 Total amount of penalties collected: $128,400 $1,340,228 Enforcement Division 1

Architectural Barriers Advisory Board Registered Accessibility Specialist Licensing Statistics RAS FY 2016 FY 2017 To Date New Licenses Issued 33 33 3 Renewed Licenses Issued 437 273 36 Total Population 504 531 531