TAS compliance for retrofits in Texas requires existing facilities to meet state accessibility requirements when they are altered. The Texas Department of Licensing and Regulation (TDLR) oversees these standards under the Texas Accessibility Standards.
TAS sets technical criteria for accessible routes, entrances, restrooms, parking, and signage in altered buildings. These standards align with federal ADA standards while addressing existing facilities through Safe Harbor provisions and cost-feasibility limits for specific retrofit scenarios.
When Do TAS Requirements Apply To Alterations And Retrofits?
TAS requirements apply during the design and construction phases of any project involving additions or alterations to existing facilities. The standards specifically address situations where changes affect the usability of a building or facility.
An alteration under TAS encompasses any change that could affect usability. This includes remodeling, reconstruction, reconfiguring structural elements, or rearranging walls and partitions. Normal maintenance activities, such as reroofing, painting, or mechanical system updates, typically fall outside the scope of TAS unless they directly affect usability.
Primary Function Areas and Path of Travel
When alterations occur in a primary function area, TAS requires that the accessible path of travel to that area be addressed. Primary function areas represent the major activities a facility serves, such as dining areas in restaurants, retail spaces in stores, or office areas where business operations take place.
The path of travel obligation extends beyond the altered area itself. Project teams must ensure that accessible routes from site arrival points—such as parking and entrances—connect to the altered primary function area. This requirement also covers restrooms, telephones, and drinking fountains that serve the altered space.
The 20% Disproportionality Cap
TAS establishes clear cost limits for path of travel improvements through its disproportionality provision. When the cost of making the path of travel accessible exceeds 20% of the cost of altering the primary function area, those improvements are considered disproportionate and are not required.
Eligible path of travel costs include accessible entrance modifications, route improvements, restroom upgrades, telephone accessibility enhancements, and drinking fountain relocations. Property owners cannot circumvent these obligations by performing multiple small alterations over time. TAS aggregates costs over a three-year period for the same path of travel to prevent this practice.
Safe Harbor Protections
Safe Harbor provides important protection for existing facilities under TAS. Path of travel elements previously constructed or altered according to the April 1, 1994 TAS do not require retrofitting to meet 2012 TAS standards solely because another area undergoes alteration.
This protection applies only when those specific elements remain unaltered. Once path of travel elements are themselves modified, they must comply with the 2012 TAS requirements. Safe Harbor offers a practical approach to managing compliance costs while maintaining accessibility progress.
Feasibility Exceptions and TDLR Variance Procedures
TAS recognizes that strict compliance may not always be achievable in existing facilities. Maximum Extent Feasible applies when full compliance is virtually impossible due to existing conditions. Under this provision, features must be made accessible to the greatest extent possible within the facility’s constraints.
Technically Infeasible determinations address situations where compliance would require altering essential load-bearing structural members or where site constraints prevent full compliance. These determinations require formal review through TDLR variance procedures under Texas Government Code Chapter 469. The variance process ensures that accessibility challenges receive proper technical evaluation while maintaining safety and structural integrity requirements.
How Should Teams Plan The TAS Process For Retrofit Projects?
Registration marks the starting point for TAS compliance. Projects with an estimated construction cost of $50,000 or more must be registered with TDLR through the Texas Architectural Barriers Online System (TABS). This requirement ensures state oversight of accessibility improvements during retrofit work. We handle TDLR registration as part of our project setup, securing the necessary TABS number for permit applications.
Plan review occurs after project registration and before construction begins. Texas law requires that plans be reviewed by a Registered Accessibility Specialist (RAS) within 20 days of permit issuance. The RAS examines construction documents against TAS requirements, identifying potential compliance issues early in the process. We coordinate this step to address accessibility concerns before they become costly field changes.
Final inspection verifies that completed work matches the approved plans and meets TAS standards. The same RAS who conducted the plan review typically performs the final inspection to ensure consistency. This step confirms that all accessibility features function as designed and comply with state requirements. Proper documentation during this phase supports project closeout and demonstrates regulatory compliance.
Equivalent Facilitation offers flexibility when standard TAS solutions may not work for specific retrofit conditions. Alternative designs are permitted if they provide substantially equivalent or greater accessibility than conventional approaches. TDLR handles these determinations through established procedures, allowing creative solutions that preserve the intent of the standards. We evaluate Equivalent Facilitation options when site constraints or existing building conditions make standard compliance challenging.
Which Retrofit Elements Are Commonly Checked For TAS Compliance?
Construction teams encounter several recurring challenges during TAS compliance inspections. Ramp slopes often fail to meet required gradients, with many installations steeper than the preferred 1:16 to 1:20 range, or lacking required handrails for runs with a significant rise. Restroom layouts frequently restrict wheelchair maneuvering clearances, creating accessibility barriers that require careful reconfiguration during retrofits.
Door openings present another common compliance issue. We find that accessible door openings need a minimum 32 inches of clear width, while passageways longer than 24 inches require 36 inches of clear width. Hardware mounting heights also create problems when installed outside the required reach ranges, leading to costly adjustments during final inspections.
Key Dimensional Standards
Turning spaces demand precise attention to TAS specifications. The standards call for 60-inch-diameter circular spaces or T-shaped configurations measuring 60 by 60 inches to ensure proper wheelchair maneuverability. These dimensions directly affect restroom layouts, corridor intersections, and other areas where directional changes occur frequently.
Accessible parking creates frequent compliance gaps, particularly with van-accessible spaces. We typically design these spaces 96 inches wide with 96-inch access aisles. Standard accessible parking uses 96-inch spaces with 60-inch aisles, but the wider configuration accommodates side-mounted lifts and ramps essential for van users.
Signage and Surface Requirements
Signage height violations are common across retrofit projects. TAS requires mounting accessibility signs between 48 and 80 inches above ground or floor surfaces, ensuring visibility from driver seats while preventing obstruction by parked vehicles. Signs positioned outside this range fail inspection and require repositioning.
Surface treatments receive scrutiny for slip resistance characteristics. TAS advisories reference static coefficient of friction targets, with 0.6 recommended for accessible routes and 0.8 for ramp surfaces. We evaluate existing surfaces against these benchmarks and specify appropriate treatments when retrofitting walking surfaces.
Restroom Fixture and Control Details
Grab bar installations frequently require adjustment during retrofits. TAS provides specific mounting requirements for side and rear grab bars, with clearances and positioning that support various transfer approaches. Water closet heights, flush controls, and dispensers also need verification against accessibility standards.
Controls and operating mechanisms must comply with reach-range requirements and operating-force limitations. We verify that door hardware, light switches, and dispensers fall within the 15 to 48-inch height range for forward reach or 9 to 54 inches for side reach. These details significantly affect user independence and compliance verification.
How Do Safe Harbor, Cost Limits, And Feasibility Exceptions Shape Retrofit Scope?
When we evaluate Texas Accessibility Standards (TAS) retrofits, several key exceptions can significantly affect the project scope and budget. These provisions recognize that existing facilities often present unique constraints that may prevent full accessibility compliance.
Safe Harbor Protections for Legacy Elements
Safe Harbor protects path-of-travel elements that were built or altered to comply with the April 1, 1994, TAS. They are not required to be retrofitted to meet the 2012 TAS solely because another area is altered. However, if those specific path-of-travel elements are altered, they must comply with the 2012 TAS.
This provision helps prevent cascading upgrade costs that could otherwise make minor alterations financially prohibitive. We often see this with doorways, ramps, and restroom facilities that were compliant under the 1994 standards but would require costly modifications under current requirements.
The 20% Disproportionality Cap
When altering a primary function area, path-of-travel upgrades are required but capped at 20% of the cost of the primary function alteration. Eligible path-of-travel costs include accessible entrances and routes to the altered area, restroom modifications such as grab bar installation and stall enlargement, accessible telephone installations, and drinking fountain relocations.
We calculate the percentage based on the total alteration cost for the primary function area. If path-of-travel improvements would exceed the 20% threshold, we prioritize upgrades that provide the greatest accessibility benefit within the available budget.
Maximum Extent Feasible Accommodations
Maximum Extent Feasible applies when full compliance is virtually impossible in an existing facility. Under this provision, we make features accessible to the extent feasible given the building’s constraints. If accessibility cannot be provided for all disability types, we ensure accessibility where modifications are achievable.
The Texas Department of Licensing and Regulation (TDLR) makes these determinations through formal variance procedures outlined in Chapter 68 of the Texas Administrative Code. This approach ensures that reasonable accessibility improvements occur even when perfect compliance is impossible.
Technical Infeasibility and Structural Constraints
Technical infeasibility determinations apply when compliance would require altering essential load-bearing members or when existing physical constraints make modifications impossible. These situations typically involve structural elements critical to building integrity or site conditions that prevent required modifications.
TDLR variance procedures provide the formal mechanism for these determinations. We document the specific constraints and proposed alternatives, allowing the department to evaluate whether the infeasibility claim is justified and what alternative measures might be appropriate.
Equivalent Facilitation Options
TAS permits Equivalent Facilitation when alternative designs provide substantially equivalent or greater accessibility than the prescribed standards. This flexibility allows innovative solutions that achieve accessibility goals through different means than those specifically outlined in TAS.
These determinations also follow TDLR procedures, requiring documentation that the alternative approach meets or exceeds the accessibility provided by standard solutions. We often pursue this option when site constraints or building configurations make standard solutions impractical, but alternative approaches can achieve equal access.
Conclusion And Next Steps For TAS Retrofits In Texas
Successful TAS retrofit projects start with accessibility planning early in the project development phase. We coordinate these efforts from initial design through project closeout, helping ensure every alteration meets state requirements and avoids costly redesigns. The earlier TAS considerations are incorporated, the smoother the compliance process becomes.
The essential sequence begins with TDLR registration for projects valued at $50,000 or more, followed by scheduling a RAS plan review within 20 days of permit issuance. We prioritize accessible routes to altered primary function areas and address supporting elements such as restrooms, doors, ramps, and parking in a systematic way. Safe Harbor protections and the 20% path-of-travel cap provide flexibility where appropriate, while TAS advisories guide practical decisions on dimensions and slopes. When full compliance proves challenging, Equivalent Facilitation or variance procedures offer viable alternatives without compromising accessibility goals.
Ready to manage TAS retrofit requirements with confidence? Contact EB3 Construction to help ensure your project meets accessibility standards from planning through inspection readiness.
