Plan Reviews FAQs
- What does the law state about the “5 day rule” and issue date?
- What is a complete submittal? Who is responsible for what?
- Do you have to be a licensed design professional to prepare the plans?
- How do I get a copy of the Texas Accessibility Standards and related forms?
- Do I have to submit plans for an accessibility plan review?
- What makes up the Estimated Construction Cost?
- Can I request a variance to a condition noted as unacceptable on the review report?
- What do I do if my variance request is disapproved?
What does the law state about the “5 day rule” and issue date?
The design professional is required by law to submit the plans and specifications not later than the fifth day after the documents are issued. (See Section 469.102, Chapter 469, Texas Government Code for complete text.)
“Issue” is defined in the TDLR Administrative Rules as: “ To mail, deliver, transmit, or otherwise release plans or specifications to an owner, lessee, contractor, subcontractor, or any other person acting for an owner or lessee for the purpose of construction, applying for a building permit, or obtaining regulatory approval after such plans have been sealed by an architect, interior designer, landscape architect, or engineer. In the case of a state-funded or other public works project, it is the time at which plans or specifications are publicly posted for bids, after such plans or specifications have been sealed by an architect, interior designer, landscape architect, or engineer.”
We are mandated by procedure to include in our documentation the date the construction documents are received in our office. Because there can be a gap in time between the issue date and received date which the rules do not address, we very strongly urge the documents be sent to us in time to be received not later than five days after issue. Following this procedure should ensure TDLR will not report the design professional to his or her registration board.
What is a complete submittal? Who is responsible for what?
A complete submittal includes the following:
- Final Construction Documents for all disciplines, signed and sealed including date issued. Two sets of documents is preferred, however one set is acceptable.
- Fully executed Project Registration Form (link to that form), or a copy of the TLDR Registration Confirmation page if the project has already been registered with TDLR.
- Payment for our service(s) (link to fee schedule and agreement form). We recommend the project registration fee be included to avoid TDLR contacting the owner for that fee. However, we will perform the services for which we are paid even if the registration fee is not received by us.
The law requires the licensed design professional to submit the documents, and places on the owner the responsibility for payment of registration fees and fees for services. But make it easy on yourself and your client by including payment for all fees and services in one check payable to Accessology, Inc.
Do you have to be a licensed design professional to prepare the plans?
There is no such requirement in the Texas Architectural Barriers Act. If a non-licensed person prepares the construction documents, the burden for submittal falls to the owner. However, there may be such a stipulation in other laws or local codes or ordinances, so if you are the owner we recommend you contact your local building authority before contracting for plan preparation services.
How do I get a copy of the Texas Accessibility Standards and related forms?
TAS is available on-line at http://www.license.state.tx.us/AB/abtas.htm.
Visit the Architectural Barriers Website for forms and other important information related to the program at http://www.license.state.tx.us/ab/ab.htm .
Do I have to submit plans for an accessibility plan review?
If the estimated construction cost is $50,000 or more, the project must be registered, the plans must be reviewed, and the completed facility must be inspected.
If the estimated cost of construction less than $50,000, the project is not required to be registered and plans do not have to be submitted. However, just because it is not required to be registered does not mean it does not need to comply with applicable standards. If your project estimated construction cost is less than $50,000 and local permitting authority still requires the project be registered, then of course you must follow that directive.
What makes up the Estimated Construction Cost?
The short answer is whatever dollar amount will be shown on the building permit.
More generally, it is the estimated cost of constructing all components, including mechanical systems and fixed elements such as built-in millwork. “Loose” (non-fixed) furnishings, and equipment (such as MRI machines in a hospital) are not considered construction costs.
Can I request a variance to a condition noted as unacceptable on the review report?
Yes, but keep in mind many such conditions are usually design considerations and every attempt should be made to comply. Unless there are unusual circumstances, we do not recommend applying for variances except where the process is specifically mentioned in the standards.
To apply for a variance, download a Variance Application (Form 013AB) from the TDLR Website at http://www.license.state.tx.us/ab/abforms.htm. Follow the instructions on the form and submit directly to TLDR along with the applicable fee.
Please send us a copy of the application for the project file.
What do I do if my variance request is disapproved?
The response you receive from TDLR will include information regarding your options.