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<br />33# <br /> <br />(8) a park, zoo, amusement park, or other place of recreation; <br /> <br />(9) a museum, library, gaIlery, or other place of public display or collection; <br /> <br />(10) a nursery, elementary, secondary, undergraduate, or postgraduate private <br />school, or other place of education; <br /> <br />(11) a day care cent~r, senior citizen center, homeless shelter, food bank, adoption <br />agency, or other social service center establishment; and <br /> <br />(12) a gymnasium, health spa, bowling alley, golf course, or other place of exercise <br />or recreation. <br /> <br />(d) Commercial facilities are subject to the Act if th~y are intended for non-residential <br />_ use and if their operations will affect commerce. Such application shaIl not include <br />railroad locomotives, railroad freight cars, railroad cabooses, railroad cars described <br />in Section 242 of the Americans with Disab~ities Act (ADA), or covered under Title <br />TII of the ADA, railroad rights-of-way, or facilities that are covered or expressly <br />exempted from coverage under the federal Fair Housing Act of 1968. <br /> <br />(e) Privately owned buildings or ~acilities not otherwise subject to the Act, are' eligible <br />for inclusion in the Architectural Barriers program if the building owner or <br />designated agent requests assistance from the department and pays the applicable <br />fee(s). <br /> <br />68.30. Exemptions. (Effective June 1, 1994, 19 TexReg 3485) <br /> <br />Buildings or facilities owned and operated by the federal government. <br /> <br />68.31. Variance Application. (Effective June 1, 1994, 19 TexReg 3485) <br /> <br />If the owner or the designated agent believes that application of the standards is irrelevant <br />to the nature, use, or function of the building or facility or that compliance with any <br />particular standard or specification is impracticable, a separate variance application shaIl <br />be submitted for each building, facility or condition for determination prior to <br />conimencement of construction. <br /> <br />(1) If a variance application is not submitted prior to construction and the <br />building or facility owner or the designated agent believes a request is <br />justified, such request shall be submitted as soon as possible following <br />commencement of construction. <br /> <br />(2) Variance requests received after construction has commenced shall be decided <br />based on preconstruction conditions and circumstances. <br /> <br />Chapter 68, ArchitectUral Barriers <br /> <br />Page 4-R <br /> <br />June 1,1994 <br />