The following buildings, facilities, spaces, or elements are exempt from the provisions of the Act:     
       (1) Federal Property. Buildings or facilities owned, operated, or leased by the federal government;      
       (2) Places Used Primarily for Religious Rituals. An area within a building or facility of a religious organization used primarily for religious ritual as determined by the owner or occupant. To facilitate the plan review, the owner or occupant shall include a clear designation of such areas with the plans submitted for review. This exemption does not apply to the following: parking facilities, accessible routes, walkways, hallways, toilet facilities, entrances, public telephones, drinking fountains, and exits;      
       (3) Van Accessible Parking at Garages Constructed Prior to April 1994. Parking garages where construction was started before April 1, 1994, and the existing vertical clearance of the garage is less than 98", are exempted from requirements to have van-accessible parking spaces located within the garage. If additional surface parking is provided, the required van accessible parking spaces shall be located on a surface lot in closest proximity to the accessible public entrance serving the facility;      
       (4) Residential Facilities. Those portions of public or privately funded apartments, condominiums, townhomes, and single-family dwellings used exclusively by residents and their guests; and      
       (5) Places of Primary Residence. An establishment or place of lodging that does not have more than five rooms for rent or hire and that is occupied by the proprietor as their primary residence.      
     Source Note:        The provisions of this §68.30 adopted to be effective November 5, 2001, 26 TexReg 8807; amended to be effective February 1, 2005, 30 TexReg 382; amended to be effective March 1, 2007, 32 TexReg 884; amended to be effective March 15, 2012, 37 TexReg 677; amended to be effective May 15, 2017, 42 TexReg 2333; amended to be effective August 31, 2023, 48 TexReg 4642