CLA(LEGAL) - FACILITIES PLANNING: FACILITIES STANDARDS

Prohibitions on Regulation of Building Products, Materials, or Methods

  1. Prohibits or limits, directly or indirectly, the use or installation of a building product or material in the construction, renovation, maintenance, or other alteration of a residential or commercial building if the building product or material is approved for use by a national model code published within the last three code cycles that applies to the construction, renovation, maintenance, or other alteration of the building; or
  2. Establishes a standard for a building product, material, or aesthetic method in construction, renovation, maintenance, or other alteration of a residential or commercial building if the standard is more stringent than a standard for the product, material, or aesthetic method under a national model code published within the last three code cycles that applies to the construction, renovation, maintenance, or other alteration of the building.

Gov't Code 3000.002(a)–(c)

Accessibility for Individuals with Disabilities

  1. Necessarily require a public entity to make each of its existing facilities or every part of a facility accessible to and usable by individuals with disabilities;
  2. Require a public entity to take any action that would threaten or destroy the historic significance of an historic property; or
  3. Require a public entity to take any action that it can demonstrate would result in a fundamental alteration in the nature of a service, program, or activity or in undue financial and administrative burdens. In those circumstances where personnel of the public entity believe that the proposed action would fundamentally alter the service, program, or activity or would result in undue financial and administrative burdens, a public entity has the burden of proving that compliance with 28 C.F.R. 35.150(a) would result in such alteration or burdens. The decision that compliance would result in such alteration or burdens must be made by the head of a public entity or his or her designee after considering all resources available for use in the funding and operation of the service, program, or activity, and must be accompanied by a written statement of the reasons for reaching that conclusion. If an action would result in such an alteration or such burdens, a public entity shall take any other action that would not result in such an alteration or such burdens but would nevertheless ensure that individuals with disabilities receive the benefits or services provided by the public entity.
  1. Redesign or acquisition of equipment.
  2. Reassignment of classes or other services to accessible buildings.
  3. Assignment of aides to qualified individuals with disabilities.
  4. Home visits.
  5. Delivery of services at alternate accessible sites.
  6. Alteration of existing facilities.
  7. Construction of new facilities.
  8. Any other methods that result in making its services, programs, or activities readily accessible to and usable by individuals with disabilities.

Review of Plans

Outdoor Lighting Fixtures

  1. The new or replacement outdoor lighting fixture is a cutoff luminaire if the rated output of the outdoor lighting fixture is greater than 1,800 lumens;
  2. The minimum illuminance adequate for the intended purpose is used with consideration given to nationally recognized standards;
  3. For lighting of a designated highway of the state highway system, the Texas Department of Transportation determines that the purpose of the outdoor lighting fixture cannot be achieved by the installation of reflective road markers, lines, warning or informational signs, or other effective passive methods; and
  4. Full consideration has been given to energy conservation, reducing glare, minimizing light pollution, and preserving the natural night environment. "Energy conservation" means reducing energy costs and resources used and includes using a light with lower wattage or a timer switch.

Exceptions

  1. A federal law, rule, or regulation preempts state law;
  2. The outdoor lighting fixture is used on a temporary basis because emergency personnel require additional illumination for emergency procedures;
  3. The outdoor lighting fixture is used on a temporary basis for nighttime work;
  4. Special events or situations require additional illumination;
  5. The outdoor lighting fixture is used solely to enhance the aesthetic beauty of an object; or
  6. A compelling safety interest exists that cannot be addressed by another method.

Hill College

CLA(LEGAL)-LJC

UPDATE 37

DATE ISSUED: 12/13/2019