HomeMy WebLinkAbout1508 LOMAX SCHOOL RD OLD LOMAX CITY HALL 2003____________10
Debbie Wilmore
From: Debbie Wilmore [wilmored@ci.la-porte.tx.usj
Sent: Thursday, February 20, 2003 2:41 PM
To: 'McPhail, Reagan'
Cc: Doug Kneupper (E-mail)
Subject: RE: Lomax City Hall Renovation
1
Reagan,
I talked with Stephen this pm & advised him the restrooms are inadequate. He will have Randy/Bert get me a scope of
work once one is prepared. He told me that new restrooms were not part of the $70,000 bid Randy receive from Deer
park Lumber.
Also, Stephen has not had the asbestos survey completed yet. Additional comments will be based on a review of the
scope of work.
Thanks,
Debbie
—Odglnal Message -----
From: McPhail, Reagan [mailto:MCPhaI[R@d.la-porte.tx.us]
Sent: Monday, February 17, 2003 11:46 AM
To: Wilmore, Debbie
Subject: Lomax Qty Hall Renovation
Deb,
We have not talked in awhile regarding this project. I have few need to knows that probably fall within your realm of
expertise.
Can you give me a determination on the minimum restroom requirements?
Bert and I have scheduled a meeting for 1OAM Thursday @ RFC to discuss the building, maybe you would like to join
us?
Thanks
GRIM
,so 8 L o mho
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�GfJT �CSI�I..
TEXAS DEPARTMENT OF LICENSING AND REGULATION
® IBuil"ding Official•Quick Reference
—for Arcfiitectur.al.Barriers
Architectural Barriers
The provisions of the Texas'Architectural-Barr eers-Actf(TABA) are intended to encourage and promote the
rehabilitation of persons with disabilities and eliminate, insofar as possible, unnecessary barriers
encountered by persons with disabilities, whose ability to engage in gainful occupations or to achieve
maximum personal independence is needlessly restricted
Historical Background
Texas law includes an Architectural Barriers Act, first adopted by the state legislature in 1969.
The Texas Accessibility Standards (TAS) are standards adopted in 1993 by the Texas Department of
Licensing & Regulation (TDLR) as a result of the amendments to the Act in 1991.
Compliance with the Texas Architectural Barriers Act and TAS is separate from compliance with the
Americans with Disabilities Act (ADA) and the ADA Accessibility Guidelines (ADAAG).
The federal government enforces ADA and the Rehabilitation ACT of 1973.1T.DLR.enforces.the Texas
Ar:cliitectural Barriers•Ac7
Statutory Requirements �_�,
-The TABA-mandates.accessibility-iri_publicly'and privately'funded-bGildings_and facilitiesl:as well as facilities
leased or occupied by state agencies. It applies to temporary or emergency construction in addition to
permanent construction.�Cu�rent application requiplia res comnce at: 'y7
Buildings leased or occupied.in whole or in part for use.by the state under any lease or rental
agreement entered into on or after January 1, 1972.
Privately funded buildings and facilities defined as public accommodations by the Americans
with Disabilities Act of 1990, that are constructed or renovated, modified, or altered on or after
January 1, 1992.
- Privately funded buildings and facilities defined as commercial facilities by the Americans with
Disabilities Act of 1990, that are constructed or renovated, modified, or altered on or after
September 1, 1993.
The statute requires that construction documents covering subject facilities be submitted for review if the
estimated construction costs are $50,000 or more; however, compliance is required regardless of the
construction cost.
Responsibility for submitting construction documents lies with architects, engineers, interior designers and
landscape architects with overall responsibility for design of the building or facility required to comply. In the
absence of a registered design professional, the owner is responsible for submitting the construction
documents.
TDLR is obligated to report to the respective registration board any design professional with overall
responsibility for a project, who fails to submit construction documents within the designated time period.
Building owners are responsible for having the required inspections performed within one year of
completion of construction.
Failure on the part of a building owner to comply may result in administrative penalties not to exceed $5,000
for each violation, per day.
ssue-building construction permits may not
a building or facility subject to=Sabsection.(j)_c
ity-has-been•registered-with-the•department-a:
Texas Accessibility Academy
The Texas Accessibility Academy is a comprehensive study of the Texas Architectural Barriers Act (TABA)
and the Texas Accessibility Standards (TAS). Attendees also learn how the TABA and TAS relate to the
Americans with Disabilities Act (ADA) and the Americans with Disabilities Act Accessibility Guidelines
(ADAAG).
TDLR is a recognized continuing education provider for the American Institute of Architects (AIA) and AIA
members earn 32 CEUs for attending the Academy.
Persons interested in becoming a Registered Accessibility Specialist with TDLR must satisfy all pre-
requisites, attend the Academy and pass a final examination. Refer to Administrative Rule 68.70 relating to
Contract Providers.
The Academy Registration Form is available from our website. For further information call 512/463-3211 or
send an e-mail to ACADEMYC')a.LICENSE.STATE.TX.US.
Equivalency Certification from the U.S. Department of Justice
On September 23, 1996, the U.S. Department of justice certified that the Texas Accessibility Standards
(TAS) meet or exceed the new construction and alterations requirements of Title III of the Americans with
Disabilities Act.
Further Assistance
-or more information regarding TDLR`and the AB program, including informations on the TABA,.:
departmental rules, forms, to subscribe to e-mail updates, or to file a complaint, visit our web site at
www.license.state.tx.us.
To purchase copies of TAS, obtain technical information, or request information in alternative formats,
contact:
Texas Department of Licensing and Regulation
Architectural Barriers Section
PO. Box 12157 Complaints: Steven Franz - (512) 463-8704.
Austin,Texas 78711 e-mail address: steven.fanz@license.state.tx.us
(877) 278-0999 (Toll Free in Texas) - or
(512) 463-3211 Gregg Dodson (512) 936-8129
(512) 475-2886 (Fax) e-mail address: gregg.dodson@Iicense.state.tx.us
(800) 735-2989 (RelayTexas-TDD)
(800) 735-2988 (RelayTexas-Voice)
For general information about the Architectural Barriers program, e-mail TDLR at
architectural.barriers(a)license.state.tx us.
For technical information, e-mail TDLR at tech info. abAlicense.state. tx.us.
Program Manager - David Gonzales - (512) 463-3516 - david.gonzales@license.state.tx.us
Audit & Oversight - Gary Olivares (512) 463-3517 - gary.olivares@license.state.tx.us
Communication, Education & Training - Rick Baudoin (512) 463-3519 - rick.baudoin@license.state.tx.us
For information on the ADA, call the U.S. Department of Justice at (800) 514-0301 or (800) 514-0383 (TDD).
(21) TAS--the Texas Accessibility Standards.
(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.
§68.20-Buildings and'Facilities Sutsject-to Compliance with -the Texas Accessibility Standards
(New rule action eQecrive November J,7001-26 TORey 8R07)
(a)
(2) a municipality, county, the state, or any political subdivision of the state donate land
or other use of public lands on which buildings or facilities are constructed with
private funds; or
(3) constructed with private funds with the intent of donating or deeding to a public
entity.
(b) Buildings or facilities that are leased or rented to the state:
(1) need not be registered with the department for plan review and inspection if the
annual lease expense is $12,000 or less.
(2) may be exempted from compliance if it is determined by the occupying agency that
the space will not be used by the public and that the occasion for employment for
persons with disabilities is improbable because of the essential job functions. The
agency shall, prior to advertisement for bid, submit to the department for a
determination a completed Lease Evaluation Form obtained from the department.
If a Lease Evaluation Form is not submitted, compliance with all applicable
standards shall be required.
(c) The following private entities are considered public accommodations and subject to the Act
(1) an inn, hotel, motel, or other place of lodging except for an establishment located
within a building that contains not more than five rooms for rent or hire and that is
actually occupied by the proprietor of such establishment as the residence of such
proprietor;
Chapter 68. Architectural Barriers Page 4-R November S, 2001
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Debbie Wi[more
From: Debbie Wilmore [wilmored@ci.la-porte.tx.us]
Sent: Thursday, February 20, 2003 1:45 PM
To: Stephen Barr (E-mail)
Cc: Doug Kneupper (E-mail)
Subject: Lomax City Hall
Stephen,
I need a scope of work for the old Lomax City Hall. I know $70,000 is available for the work. The 01/3rd meeting did not
really answer all my questions. Perhaps you already have bid specifications put together & I can use them.
The use of public money will require an asbestos survey for the area to be renovated. Has this already been done?.
This afternoon, we will use the floor plan to address restroom questions. I would appreciate hearing back from you.
Thanks,
Debbie
Debbie Wilmore
From: McPhail, Reagan [McPhailR@ci.la-porte.tx.us]
Sent: Monday, February 17, 2003 11:46 AM
To: Wilmore, Debbie
Subject: Lomax City Hall Renovation
Deb,
We have not talked in awhile regarding this project. I have few need to knows that probably fall within your realm of
expertise.
Can you give me a determination on the minimum restroom requirements?
Bert and I have scheduled a meeting for 10AM Thursday @ RFC to discuss the building, maybe you would like to join
us?
Thanks
GRM
i
Geld- &t
,rr .
s__co
Debbie Wilmore
From: Cummings, Robert [CummingsR@ci.la-porte.tx.us]
Sent: Tuesday, December 31, 2002 11:59 AM
To: Wilmore, Debbie
Subject: RE: Tentative: Old Lomax City Hall walkthrough for 2003 Renovation
THX
---Original Appointment -----
From: Debbie Wilmore [mailto:wllmored@d.la-porte.b(.us]
Sent: Tuesday, December 31, 2002 11:56
To: 'Cummings, Robet
Subject: Tentative: Old Lomax City Hall walkthrough for 2003 Renovation
When: Thursday, January 02, 2003 10:00-11:00 (GMT-06:00) Central Time (US & Canada).
Where: old Lomax City Hall
Robert,
I am interviewing applicants for inspector on Thursday & Friday. As of now, I have 10 am Fri open but am still waiting to
hear back from one applicant.
Have marked this meeting tentative. Will try to schedule the last individual around this time.
Thanks,
Debbie
- -- Xsb--s-1-ds
��m7s doh Rena Ua.�va�
ATTENTION
Ar_e-y_ou-going-to-remodebor demolish a up .blic or commercial building;?
Have you had the building surveyed for asbestos by a licensed asbestos
inspector?
Have you notified the Texas Department of Health (TDH) prior to the
commencement of any renovation and/or demolition activities as
required by State and Federal Law?
For further information you may contact your local TDH office, or the
Asbestos Programs Branch in Austin at: 1-800-572-5548 or 512-834-
6610. - -
J� APR 2 6 2002
71Y
T DH NOTIFIC-ATION-REQUIREMENTS_FOR RENOVA-T-IONj
...I. AND DEMOLITION OF_-STRUCT-URES1
The Texas-Depar-tment-of-Health-(the-Department)-has-been-charged_with_eaforcing'State and -Federal asbestosla`wsc r
( 1) The Texas Asbestos Health Protection Act, Art. 4477-3a, V T.C.S. and Rules, 25 TAC 295.31-295.70.
(2) National Emission Standards for Hazardous Air Pollutants (NESHAP), 40 CFR Part 61, Subpart M.
- M,
TDH
These laws regulate asbestos in renovations and demolitions. They require that, before renovation or demolition work is conducted, an asbestos
survey must be conducted by a person who is accredited to safely and accurately collect representative samples. The person must be licensed by the
Department to perform an inspection in a public building. Samples taken from a public building must be analyzed at a state licensed laboratory. The
Department must be notified ten working days prior to renovation and demolition activities.
DEMOLITIONS:
All demolitions require notification whether asbestos is present or not. To notify, you must use a "Texas Department of Health Asbestos Demolition/
Renovation Form". The form must be mailed to: Texas Department of Health, Toxic Substances Control Division, Notification Section, Exchange
Building, Suite N320, 8407 Wall Street, Austin, Texas 78754.
If regulated asbestos is present, it must be removed prior to the start of any demolition activity that might disturb it. Removal in public buildings
must be done by individuals/companies licensed by the Department.
renovations require notification where asbestos will be disturbed. To notify, you must use a "Texas Department of Health Asbestos Demolition/
ovation Form". The form must be mailed to: Texas Department of Health, Toxic Substances Control Division, Notification Section, Exchange
Iding, Suite N320, 8407 Wall Street, Austin, Texas 78754.
Asbestos removal in public buildings must be done by individuals/companies licensed by the Department.
*EXEMPTION: Renovations and demolitions of private residences and apartment buildings with no more than four dwelling armIt Pre r II U �II
exempted, if they are not part of a public or commercial project or a NESHAP installation.
i I APR 2 6 2002 U
For more information, call the Asbestos Programs Branch at (800) 572-5548 (in Texas) or (512) 834-6610 or your local Regional office. ll
Texas Department of Health
cRenovation-,of Buildings
s building a single family dwelling or an apartmeT
YES complex of $ orless units, and NOT part of a public building
or commercial project? --..Wowwo
Exempt from all regulationsI Regulated by Texas Asbestos Health Protection Act &
, NatIional Emission Standards for Hazardous Air Pollutants
except OSHA
�A I omplete asbestos survey must be performed prior t(
renovation to identify the presence of Asbestsos
JContaining Material (ACM)
normeu -Y urvey must be performed by an
TDH) YES' t s buildin NO licensed inspector with current
use _ g a public building .l training from an EPA
approved inspector's course.
YN: ocs. su vey identify ACM that will NO
e disturbed during IV
renovation?lillillillillllllllIIIIIIIIIIIIIIIIIIII .
lillilill
Submit notification to nI:D:ocs survey identify ACM that will be NO
EXcmpt disturbed during renovation?
TQFl10 working dagynor ubmito the remova o the ACM. 10 woExempt
to the ACM
ACM must be removed by a TDH 41611,
Licensed Contractor in accordance
to TAHPA CM must be removed by an EPA accredited
Contractor in accordance to NESHAP.
Eduardo J. Sanchez, M.D., M.P.H.
Commissioner or Health
Texas Department of Health
1100 West 49th Street
Austin, Texas 78756-3199
htta://www.tdhsfnte xus
May 6, 2002 1.800-572.5548
Re: Senate Bill 509 — More Frequently Asked Questions
Dear Building Permit Official:
Gary R. Bego
ChieCOperaungoffjcer
Charles E. Bell, M.D.
Executive Deputy Commissioner
On August 10, 2001, the Texas Department of Health (TDH) sent a list of Frequently Asked
Questions to all Texas building permit officials. The Frequently Asked Questions addressed
Senate Bill 509. Senate Bill 509 requires municipalities to verify that an asbestos survey
has been conducted prior to issuing renovation or demolition permits for public or
commercial buildings and affects renovation and demolition permits for public or
commercial buildings issued by municipalities on or after January 1, 2002.
On November 16, 2001, TDH sent out example language the cities may choose to include
on the permit application to verify that an asbestos survey has been conducted.
The TDH, Asbestos Programs Branch would like to continue to work with your municipality
on the implementation of this law by providing outreach information and guidance for the
verification of survey information. To help continue the implementation of this bill, TDH
has enclosed a second round of Frequently Asked Questions concerning this law as it
pertains to municipalities
If you have any questions concerning this information or would like additional assistance,
please contact Jennifer Delk, Asbestos Programs Branch, Outreach/Information Section, at
either 1-800-572-5548 or 512-834-6610 or the Asbestos Program at the nearest Texas
Department of Health regional office.
Sincerely
John 1 O ting Chief D
Asbestos Programs Branch Mqy 1 r �/ 4a
Toxic Substances Control Division `� �007 ///!,
An Equal Employment Opportunitv EmDiOVer
More Frequently Asked Questions_
Concerning Senate Bill 509
l• Do` es -the -whole -building -need an asbestos'survey�p
i—'
s required.��
2. If a single residential structure is being demolished to build a residential development or commercial
property, is a survey required under Senate Bill 509?
No. Senate Bill 509 only requires verification Of an asbestos survey for commercial or public buildings. However,
the federal asbestos law would require a survey. Therefore, it is recommended that the city advise their citizens that
the survey is needed for compliance with federal law. If a single residential structure is demolished to building
another single residential structure, neither the state nor federal asbestos laws require a survey.
3. If a residence was once a public or commercial building (Le. gas station), would a survey be
required under Senate Bill 509?
No. Senate Bill 509 only requires verification of an asbestos survey for public or commercial buildings. However,
the federal asbestos law requires a current survey if the former public/commercial building was converted to a
residence after April 6, 1973 (the date the federal rules regulating such buildings came into effect). Therefore, it is
recommended that the city advise their citizens that an asbestos survey would be law. needed for compliance with federal
4. Do I need to verify a survey for a rooftng project under Senate Bill 509?
No. Senate Bill 509 only requires verification of an asbestos survey for the interior of commercial or public
buildings. However, the federal asbestos law would require a survey for a roofing project. Therefore, it is
recommended that the city advise their citizens that the survey is needed for compliance with federal law.
S. Does Senate Bill 509 apply to renovation or demolition of apartment complexes or condominiums?
Senate Bill 509 does apply to apartment complex of more that four dwelling units. Senate Bi11509 does not apply to
condominiums.
Why doesn't Senate Bill 509 apply to condominiums?
Condominiums are a cluster of individual dwelling units, in which the individual units are owned separately, and the
,ommon areas are owned jointly. According to the definition ofpublic building, private residences are excluded;
:herefore, the Texas Department of Health (TDH) clarifies that condominiums, which are a type of private residence
ire exempt from state law, regardless of the number of units.
However, the federal asbestos law does regulate condominiums of more than four dwelling units within a single
building structure, or if two or more condominiums at a single site are being renovated or demolished by the
same owner/operator.
Therefore, TDH recommends that the city advise their citizens that an asbestos survey of a condominium is required
under federal law, if the above conditions are met.
7. Can a Phase ISite Assessment (Phasej) or Environmental Site Assessment (ESA) be usedforan asbestos
survey?
Phase Is and ESAs are types of general surveys that might or might not comply with the state and federal asbestos
laws. If a city chooses to accept Phase I or ESAs for purposes of Senate Bill 509, the city should alert the applicant
that unless the Phase I or ESA has been done in compliance with state and federal laws governing asbestos surveys,
the Texas Department of Health could cite the applicant for having an improper survey.
8. Is the verification of an asbestos survey needed for a permit for new construction?
No.
9. Why don't we need to have a survey for building products that are being installed in new buildings?
On September 1, 2001, House Bill 1927 went into effect. House Bill 1927 prohibits contractors from installing
asbestos products unless there is no alternative building material. In addition, contractors are required to have
Material Safety Data Sheets (MSDSs) for all building products. The MSDSs along with a signed statement from an
architect, engineer, or TDH license inspector, serve the purpose of a survey by identifying the presence of asbestos
in new construction.
10. How old can a survey be to be in compliance with Senate Bill 509?
An asbestos survey is acceptable to the Texas Department of Health (TDH) if the survey was completed in
compliance with the state/federal asbestos regulations in effect at the time of the survey, AND the survey continues
to accurately describe the building materials where the renovation/demolition will occur.
For example, if a survey was conducted in 1989 and the entire building was remodeled in 1992, then a new survey
would be needed for the new building products installed in 1992, prior to renovation or demolition of the building.
11. CWho-can.do-these-asbestos-surveys?
In a public or commercial building,
the following licensed entities can conduct asbestos surveys:
Consultant Agencies
Management Planner Agencies
Individual Consultants*
Individual Management Planners*
* Please note that Individual Consultants and Individual Management Planners can conduct an asbestos survey in a
public_ building if they obtain liability coverage in the amount of $1 million for errors and omissions or they must
be covered under the consultant's employer's policy as specified in 25 TAC 295.40. It is the building owner's
responsibility to verify that the company/individual it hires has the correct insurance. The Texas Department of
Health does not verify liability, insurance for surveys conducted on commercial buildings.
12.
The Texas Department of Health, Asbestos Programs Branch web site contains an updated list of companies and
individuals throughout the state of Texas who are licensed to conduct asbestos surveys. The'web site is located at:
www.tdh.state.tx.us/beh/asbestos
If a person is unable to access the website, please contact the Asbestos Programs Branch at 1-800-572-5548.
13. Can a city require more stringent enforcement ofSenate Bill 509 (Le., requiring both an asbestos survey
and proof of abatement prior to issuing a permit)?
Senate-Bill=509-onIy:authorizes cities-to_verify_that-an-as5-estos:survey-has-been-conducted=prior to -issuing_
�cenovation:or demolition-permits.forpublic_or commercial:building7If the city chooses to require a more stringent
standard before issuing a permit, the Texas Department of Health recommends that the city consult with its legal
counsel to determine if an ordinance is needed.
14. What is the Texas Department of Health's definition of `public building' and "commercial building"?
The Texas Department of Health defines a "public building" and "commercial building" in 25 TAC 295.32 as
follows:
----••u•,�s-uacu-ur-co•ce:used:torpurposes:that:provide-for-pulilic�
access:or_occupancy,�including prisons and similar buildings. Interior s-Pace—includes.-exterior-hallways-
�connec[ing-buildings;.porticos,-and:mechanical-systems:used:to:co-rdition.interior-space->The term includes
any building during a period of vacancy, including the period during preparations prior to actual demolition.
The term does not include:
(A) an industrial facility to which access is limited principally to employees of the facility because of
processes or functions that are hazardous to human safety or health;
(B) a federal building or installation (civilian or military);
(C) a private residence;
(D) an apartment building with no more than four dwelling units;
(E) a manufacturing facility or building that is limited to workers and invited guests under controlled
conditions; or
(F) a building, facility, or any portion of which has been determined to be structurally unsound and
in danger of imminent collapse by a professional engineer, registered architect, or a city, county, or
state government official.
Commercial Building: The interior space of any industrial or federal govemment-owned building. Interior
space includes exterior hallways connecting buildings,'porticos, and mechanical systems used to condition
interior space.
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