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Code of Massachusetts Regulations › 521 CMR - Architectural Access Board › Title 521 CMR 4 - Appeal and Variance › Section 4.1 - VARIANCES

Current through Register 1525, July 5, 2024
Application: An owner or an owner's representative or tenant who thinks that full compliance with 521 CMR is
impracticable
may apply to the
Board
for a
variance
from 521 CMR. Application for a
variance
shall be made on a form provided by the
Board
for this purpose, shall contain such information as is required by the
Board
, and shall be signed by the applicant.
4.1.1
Board
Action: Upon receipt of an application for
variance
, the
Board
shall send a copy of the application to the local building inspector, the local disability commission and the independent living center for their input. The
Board
shall also investigate the matter and may:
a. grant the application with whatever conditions it deems appropriate or deny the application without a hearing. Any person aggrieved by the Board's action under 521 CMR may request an adjudicatory hearing within 30 days of the decision;
b. schedule a conference to consider the simplification or clarification of the issues and/or the possibility of an agreement disposing of all or any matters as may aid in the disposition of an adjudicatory proceeding. Those matters agreed upon by the parties shall be electronically recorded and/or reduced to writing and shall be signed by the parties, and shall thereafter constitute a part of the record;
c. commence an adjudicatory hearing in accordance with the provisions of M.G.L. c. 30A and 801 CMR 1.01 or 1.02:
Standard Adjudicatory Rules of Practice and Procedure
, as stated in the hearing notice.
Code of Massachusetts Regulations › 521 CMR - Architectural Access Board › Title 521 CMR 4 - Appeal and Variance › Section 4.2 - COMPLAINTS

Current through Register 1525, July 5, 2024
Initiating a Complaint: Any person who has knowledge or evidence that any other person or entity has not complied or is not complying with 521 CMR, may complain in writing to the
Board
on a special form available from the
Board
.
4.2.1
Board
Action: Upon receipt of a complaint, the
Board
shall investigate the complaint, and may:
a. issue a stipulated order indicating the date compliance must be achieved.
b. schedule a conference to consider the simplification or clarification of the issues, the possibility of obtaining stipulations and agreements, the possibility of an agreement disposing of all or any of the issues in dispute, and any other matters as may aid in the disposition of an adjudicatory proceeding. Those matters agreed upon by the parties shall be electronically recorded and/or included in a written document and shall be signed by the parties, and shall thereafter constitute a part of the record.
c. commence an adjudicatory hearing in accordance with the provisions of M.G.L. c. 30A and 801 CMR 1.01 or 1.02:
Standard Adjudicatory Rules of Practice and Procedure
, as stated in the hearing notice.
d. dismiss a complaint at any time after notification to the complainant.
Code of Massachusetts Regulations › 521 CMR - Architectural Access Board › Title 521 CMR 4 - Appeal and Variance › Section 4.3 - HEARINGS

Current through Register 1525, July 5, 2024
All adjudicatory hearings shall be conducted in accordance with the provisions of M.G.L. c. 30A and 801 CMR 1.01 or 1.02:
Standard Adjudicatory Rules of Practice and Procedure
, as stated in the hearing notice.
4.3.1 Hearings will be scheduled within 60 days of the receipt of a request for an adjudicatory hearing unless the
Board
in its discretion extends such time for good cause shown. The
Board
will schedule hearings on two weeks notice unless it deems a shorter period necessary.
4.3.2 In proceedings under 801 CMR 1.02, the
Board
may provide for mandatory discovery.
4.3.3 The
Board
will issue a decision within 21 days of the hearing unless the
Board
in its discretion extends such time.
4.3.4 When the
Board
deems it necessary and subject to appropriation, the services of an independent expert may be sought.
Code of Massachusetts Regulations › 521 CMR - Architectural Access Board › Title 521 CMR 4 - Appeal and Variance › Section 4.4 - REOPENING HEARING, MOTION FOR RECONSIDERATION

Current through Register 1525, July 5, 2024
The
Board
on its own motion, or on motion of any applicant, complainant or aggrieved person, may reopen the hearing in order to receive additional evidence which was not reasonably available at the time of the hearing. The request for reopening shall summarize such evidence to be presented.
4.4.1 The
Board
shall notify all persons who testified at or received formal notice of an initial hearing of a decision to reopen a hearing to take further testimony or receive further evidence.
4.4.2 Within ten days from the date the
final decision
is received by the applicant or complainant, an applicant, complainant, or aggrieved person may file a motion for reconsideration, setting forth the grounds or statutory provisions relied upon to sustain the motion.
Code of Massachusetts Regulations › 521 CMR - Architectural Access Board › Title 521 CMR 4 - Appeal and Variance › Section 4.5 - APPEALS

Current through Register 1525, July 5, 2024
Any party aggrieved by the
final decision
of the
Board
may appeal such decision to State Superior Court in accordance with the provisions of M.G.L. c. 30A, § 14.
Code of Massachusetts Regulations › 521 CMR - Architectural Access Board › Title 521 CMR 4 - Appeal and Variance › Section 4.6 - ADVISORY OPINIONS

Current through Register 1525, July 5, 2024
Upon the written request, the
Board
may issue advisory opinions concerning the interpretation or applicability of 521 CMR. Advisory opinions issued by the
Board
may be relied upon by the persons requesting them, as well as by any agency, or official of a city, town, or region.
Code of Massachusetts Regulations › 521 CMR - Architectural Access Board › Title 521 CMR 4 - Appeal and Variance › Section 4.7 - PETITION FOR THE ADOPTION OF REGULATIONS

Current through Register 1525, July 5, 2024
Petition: Any interested person or such person's attorney may at any time petition the
Board
to adopt, amend or repeal any regulation. The petition shall be addressed to the
Board
and sent by mail or delivered in person during normal business hours. All petitions shall be signed by the petitioner or the petitioner's attorney, contain the petitioner's address or the address of the petitioner's attorney, and set forth clearly and concisely the text of the proposed regulation. The petition may be accompanied by any supporting data, views or arguments. A member of the
Board
may make a written recommendation that a regulation be adopted, amended or repealed.
4.7.1 Initial Procedure: Within 60 days of the receipt of a petition or recommendation, the
Board
shall hold a meeting to determine whether or not to schedule the petition or recommendation for further proceedings in accordance with M.G.L. c. 30A. If the regulation has been presented by petition, the
Board
shall notify the petitioner within ten days after making such a determination.
4.7.2 Procedure for the Adoption, Amendment or Repeal of Regulations:
a. The procedures for the adoption, amendment or repeal of any regulation shall comply with M.G.L. c. 30A.
b. Where no public hearing is required, the
Board
may afford any interested person or his duly authorized representative, or both, an opportunity to present data, views or arguments orally before the
Board
during the meeting at which the proposed action is to be considered. If the
Board
finds that such oral presentation is unnecessary or impracticable, it may require written presentation.
c. Where a public hearing is required, the
Board
shall afford any interested person or his duly authorized representative, or both, an opportunity to present statements and arguments orally. In its discretion, the
Board
may limit the length of oral presentation.
Code of Massachusetts Regulations › 521 CMR - Architectural Access Board › Title 521 CMR 6 - Space Allowance and Reach Ranges › Section 6.1 - WHEELCHAIR PASSAGE WIDTH

Current through Register 1525, July 5, 2024
The minimum
clear
width for single wheelchair passage shall be 36 inches (36" = 914mm) except for a reduction to 32 inches (32" = 813mm) and that reduction shall not exceed a lineal distance of 24 inches (24" = 610mm).
See Fig. 6a.
Click to view
				image
Code of Massachusetts Regulations › 521 CMR - Architectural Access Board › Title 521 CMR 6 - Space Allowance and Reach Ranges › Section 6.3 - WHEELCHAIR TURNING SPACE

Current through Register 1525, July 5, 2024
The space required for a wheelchair to make a 180-degree turn is a
clear space
of 60 inches (60" = 1524mm) diameter (
See Fig. 6c
) or a T-shaped space.
See Fig. 6d
.
Click to view
				image
Code of Massachusetts Regulations › 521 CMR - Architectural Access Board › Title 521 CMR 6 - Space Allowance and Reach Ranges › Section 6.4 - CLEAR FLOOR OR GROUND SPACE FOR WHEELCHAIRS

Current through Register 1525, July 5, 2024
shall comply with the following:
6.4.1 Size and Approach: The minimum
clear floor
or ground
space
required to accommodate a single, stationary wheelchair and occupant is 30 inches by
clear floor
48 inches (30" x 48" = 762mm x 1219mm) (
See Fig. 6e
). The minimum or ground
space
for wheelchairs may be positioned for forward or parallel approach to an object (
See Fig. 6f and 6g
).
Clear floor
or ground
space
for wheelchairs may be part of the knee space required under objects.
Click to view
				image
6.4.2 Relationship of Maneuvering Clearance to Wheelchair Spaces: One full unobstructed side of the
clear floor
or ground
space
for a wheelchair shall adjoin or overlap an accessible route or adjoin another wheelchair
clear floor space
. If a
clear floor space
is located in an alcove or otherwise confined on all or part of three sides, additional maneuvering clearances shall be provided as shown in
Fig. 6h and 6j
.
Click to view
				image
Click to view
				image
6.4.3 Surfaces for Wheelchair Spaces:
Clear floor space
for wheelchairs shall comply with
521 CMR 29, Floor Surfaces
.
Code of Massachusetts Regulations › 521 CMR - Architectural Access Board › Title 521 CMR 6 - Space Allowance and Reach Ranges › Section 6.5 - FORWARD REACH

Current through Register 1525, July 5, 2024
If the
clear floor space
only allows forward approach to an object, the maximum high forward reach allowed shall be 48 inches (48" = 1219mm) (
See Fig. 6k
). The minimum low forward reach is 15 inches (15" = 381mm). If the high forward reach is over an obstruction, reach and clearances shall be as shown in
Fig. 6l
.
Click to view
				image
Click to view
				image
Code of Massachusetts Regulations › 521 CMR - Architectural Access Board › Title 521 CMR 6 - Space Allowance and Reach Ranges › Section 6.6 - SIDE REACH

Current through Register 1525, July 5, 2024
If the
clear floor space
allows parallel approach by a person in a wheelchair, the maximum high side reach allowed shall be 54 inches (54" = 1372mm) and the low side reach shall be no less than nine inches (9" = 229mm) above the floor (
See Fig. 6m
). If the side reach is over an obstruction, the reach and clearances shall be as shown in
Fig. 6n
.
Click to view
				image
Code of Massachusetts Regulations › 521 CMR - Architectural Access Board › Title 521 CMR 7 - Retail Establishments › Section 7.1 - GENERAL

Current through Register 1525, July 5, 2024
All retail establishments shall comply with 521 CMR, except as specified or modified in 521 CMR 7.00. Retail establishments shall include but not be limited to: banks, beauty shops, pharmacies, dry cleaners, clothing stores, grocery stores and supermarkets. Areas that must be
accessible
include but are not limited to the areas where the service or product of the establishment is offered to the public, dressing rooms, and public toilet rooms provided for clientele.
Code of Massachusetts Regulations › 521 CMR - Architectural Access Board › Title 521 CMR 7 - Retail Establishments › Section 7.2 - SALES SERVICE AND INFORMATION, OR TELLER WINDOWS

Current through Register 1525, July 5, 2024
Shall comply with the following:
7.2.1 Cash register transactions: In department stores and retail stores where counters have cash registers and are provided for sales or distribution of goods or services to the public, at least one of each type shall comply with the following.
See Fig. 7a and 7b
.
Click to view
				image
a. Location: The counter shall be on an
accessible route
complying with
521 CMR 20.00: ACCESSIBLE ROUTE
.
b. Length: A portion of the counter shall be at least 36 inches (36" = 914mm) in length and be located closest or nearest the cash register.
c. Height: That portion of the counter shall not exceed 36 inches (36" = 914mm) above the finish floor.
d. Distribution: The accessible counters must be dispersed throughout the
building
or
facility
.
Code of Massachusetts Regulations › 521 CMR - Architectural Access Board › Title 521 CMR 7 - Retail Establishments › Section 7.3 - AISLES

Current through Register 1525, July 5, 2024
All aisles in retail establishments shall have a minimum
clear
width of 36 inches (36" = 914mm). Such aisles shall be maintained at all times to provide a
clear
width of 36 (36" = 914mm) inches.
Code of Massachusetts Regulations › 521 CMR - Architectural Access Board › Title 521 CMR 7 - Retail Establishments › Section 7.4 - CHECK-OUT AISLES

Current through Register 1525, July 5, 2024
Shall comply with the following:
Total check-out aisles of each design
Minimum number of Accessible check-out aisles
1 - 4
1
5 - 8
2
9 - 15
3
over 15
3, plus 20% of additional aisles
Examples of check-out aisles of different "design" include those which are specifically designed to serve different functions. Different "design" shall include but is not limited to the following features: length of belt or no belt; or permanent signage designating the aisle as an express lane.
7.4.1
Accessible
check-out aisles shall always be open.
7.4.2 Width:
Clear
aisle width for accessible check-out aisles shall be a minimum of 36 inches (36" = 914 mm).
See Fig. 7c
.
Click to view
				image
7.4.3 Height: Maximum adjoining counter height shall not exceed 38 inches (38" = 965mm) above the finish floor. The top of the lip shall not exceed 40 inches (40" = 1016mm) above the finish floor.
7.4.4 Identification:
Signage
identifying accessible check-out aisles shall use the international symbol of accessibility and shall be mounted above the check-out aisle in the same location that the check-out number or type of check-out is displayed.
Code of Massachusetts Regulations › 521 CMR - Architectural Access Board › Title 521 CMR 7 - Retail Establishments › Section 7.5 - TURNSTILES, SECURITY CONTROL DEVICES AND SHOPPING CART BARRIERS

Current through Register 1525, July 5, 2024
Wherever barriers are provided to prevent the removal of shopping carts from store premises including but not limited to turnstiles, an adjacent, alternate unlocked gate or door that is equally convenient to that provided for the ambulatory population shall be provided. It shall have a minimum clear opening of 32 inches (32" = 813mm).
Code of Massachusetts Regulations › 521 CMR - Architectural Access Board › Title 521 CMR 7 - Retail Establishments › Section 7.7 - SHELVING AND DISPLAY UNITS

Current through Register 1525, July 5, 2024
In retail establishments shelving and display units shall be located on an
accessible route
. The requirements of
521 CMR 6.5, Forward Reach and 521 CMR 6.6, Side Reach
shall apply to those display units encouraging interactive participation including but not limited to, devices such as headphones in stores which sell music tapes and compact disks.
Code of Massachusetts Regulations › 521 CMR - Architectural Access Board › Title 521 CMR 7 - Retail Establishments › Section 7.8 - PUBLIC TOILET ROOMS

Current through Register 1525, July 5, 2024
When public toilets are provided, they shall be
accessible
, on an
accessible route
, and in compliance with
521 CMR 30.00: PUBLIC TOILET ROOMS
.
Code of Massachusetts Regulations › 521 CMR - Architectural Access Board › Title 521 CMR 8 - Transient Lodging Facilities › Section 8.1 - GENERAL

Current through Register 1525, July 5, 2024
Transient lodging
facilities shall comply with 521 CMR, except as specified or modified in
521 CMR 8.00
.
Transient lodging
shall include but not be limited to hotels, motels, bed and breakfasts, inns, boarding houses, dormitories and resorts. Transient lodging facilities shall also include homeless shelters, halfway houses, lodging houses and transitional housing, and other places that provide temporary accommodations.
Transient lodging
includes facilities, or portions thereof, used for
sleeping accommodations
.
Sleeping accommodations
in a medical care
facility
are covered by
521 CMR 13.00: MEDICAL CARE FACILITIES
.
Exception:
521 CMR 8.00
does not apply to an establishment located within a building that:
a. contains five or fewer beds or contains five or fewer rooms for rent or hire; and
b. is actually occupied as a residence by the
proprietor
of the establishment (
See
521 CMR 5.00: DEFINITIONS.)
Code of Massachusetts Regulations › 521 CMR - Architectural Access Board › Title 521 CMR 8 - Transient Lodging Facilities › Section 8.2 - PUBLIC AND COMMON USE AREAS

Current through Register 1525, July 5, 2024
In transient lodging facilities,
common use
and
public use
areas shall be designed and constructed to comply with 521 CMR. (
See
521 CMR 5.00: DEFINITIONS
.)
8.2.1 General: The
public use
areas in hotels, motels or inns shall include but not be limited to: the general public function areas, recreation areas, health facilities, pools, meeting areas, restaurants, lounges, public toilet rooms, public telephones, vending areas, laundry rooms, other amenities installed for the use of occupants,
walks
, elevators, and all public
entrances
as well as the stairs and corridors to the
accessible
units.
8.2.2 Registration counters shall comply with the following:
a. Location: The counter shall be on an
accessible
route.
b. Length: A portion of the counter or an auxiliary counter shall be at least 36 inches (36" = 914mm) in length.
c. Height: That portion of the counter shall not exceed 36 inches (36" = 914 mm) above the finish floor.
d.
Clear Floor Area
: Shall be provided in front of the counter.
Code of Massachusetts Regulations › 521 CMR - Architectural Access Board › Title 521 CMR 8 - Transient Lodging Facilities › Section 8.3 - PARKING SPACES

Current through Register 1525, July 5, 2024
Where parking is provided, it shall comply or be capable of complying with the provisions of
521 CMR 23.2, Number through 521 CMR 23.8, Valet Parking
. If parking spaces are assigned to individual units, said spaces designated for
accessible
units shall have
signage
reserving said space. An international symbol of
accessibility
need not be used.
8.3.1 Visitor parking spaces: Where parking is provided for visitors, it shall comply fully with the requirements of
521 CMR 23.00: PARKING AND PASSENGER LOADING ZONES
.
Code of Massachusetts Regulations › 521 CMR - Architectural Access Board › Title 521 CMR 8 - Transient Lodging Facilities › Section 8.4 - UNITS, SLEEPING ROOMS, AND SUITES: MINIMUM NUMBER

Current through Register 1525, July 5, 2024
At least 5% but in no case less than one of the units, sleeping rooms, and suites shall be
accessible
. In applying the 5% rule to facilities which consist of more than one
building
, all of the units in the entire
facility
shall be added together.
8.4.1 Distribution: To provide
persons with disabilities
a range of options equivalent to those available to other persons served by the
facility
,
accessible
sleeping rooms and suites shall be dispersed proportionally among the various classes of
sleeping accommodations
available to patrons of the place of
transient lodging
. Factors to be considered include room size, price, location, smoking/ non-smoking, amenities provided, and the number and size of beds provided.
8.4.2 Equivalent Facilitation: The operator of a
facility
may elect to limit
construction
of
accessible
rooms to those intended for multiple occupancy, provided that these rooms are made available at the cost of a single occupancy room to an individual with disabilities who requests a single-occupancy room.
8.4.3
Bathrooms
and Kitchens:
Accessible
units shall have
bathrooms
and kitchens (where provided), that comply with
Group 2B
requirements in
521 CMR 44.00: GROUP 2 BATHROOMS and 521 CMR 45.00: GROUP 2 KITCHENS
.
8.4.4 Wheel-in Showers: In transient lodging facilities with 50 or more sleeping rooms or suites,
accessible
sleeping rooms or suites shall include a wheel-in shower in conformance with the table below. Wheel-in showers shall comply with the requirements of
521 CMR 44.6.2, Showers
.
Number of rooms
Rooms with Wheel-in Showers
50 to 100
1
101 to 200
2
201 to 300
3
301 to 400
4
401 to 500
5
501 to 1000
2% of total
1001 and over
22 plus one for each 100 over 1000
8.4.5
Sleeping Accommodations
for persons who are deaf or hard of hearing. In all
transient lodging
facilities, additional
accessible
sleeping rooms and suites with accommodations for persons who are deaf or hard of hearing shall be provided in conformance with the table below. These rooms and suites shall comply with the requirements of
521 CMR 8.6, Sleeping Accommodations
.
Number of Rooms
Accessible Equipment Provided
5 to 25
1
26 to 50
2
51 to 75
3
76 to 100
4
101 to 150
5
151 to 200
6
201 to 300
7
301 to 400
8
401 to 500
9
501 to 1000
2% of total
1001 and over
20 plus 1 for each 100 over 1000
8.4.6 In facilities with multi-bed rooms (such as dormitories) or spaces, 5% of the beds shall comply with
521 CMR 8.5.3, Maneuvering space
.
Code of Massachusetts Regulations › 521 CMR - Architectural Access Board › Title 521 CMR 8 - Transient Lodging Facilities › Section 8.5 - UNITS, SLEEPING ROOMS AND SUITES: MINIMUM REQUIREMENTS

Current through Register 1525, July 5, 2024
Accessible
units, sleeping rooms and suites shall comply with the following:
8.5.1
Accessible Route
:
Accessible
units, sleeping rooms, and suites shall be on an
accessible route
. An
accessible route
shall connect all
accessible
spaces and
elements
including telephones, televisions, alarms clocks, and climate controls within the unit, sleeping room, or suite.
8.5.2 Elevators: An elevator is not required in a
transient lodging facility
that is less than three stories or that has less than 3000 square feet per story if all rooms are proportionately distributed in accordance with
521 CMR 8.4.1
and all public spaces are fully
accessible.
8.5.3 Maneuvering Space:
Accessible
sleeping rooms shall have a 36 inch (36" = 914mm)
clear width
maneuvering space located along both sides of a bed, except that where two beds are provided, this requirement can be met by providing a 36 inch (36" = 9 14mm) wide maneuvering
space
located between the two beds.
8.5.4 Doors and doorways designed to allow passage into and within all
accessible
units, sleeping rooms, or suites shall comply with
521 CMR 26.00: DOORS AND DOORWAYS.
8.5.5 Visitor Identification: Every entry door to each
accessible unit
shall have a means by which the person can visually identify a visitor before opening the door. This may be achieved by any of the following means:
a. A peephole mounted at 42 inches (42" = 1067mm) above the floor;
b. A vision panel in the door with its bottom edge no higher than 42 inches (42" = 1067mm) above the floor
c. A sidelight with its bottom edge no higher than 42 inches (42" = 1067mm) above the floor.
Code of Massachusetts Regulations › 521 CMR - Architectural Access Board › Title 521 CMR 8 - Transient Lodging Facilities › Section 8.6 - SLEEPING ACCOMMODATIONS FOR PERSONS WHO ARE DEAF OR HARD OF HEARING

Current through Register 1525, July 5, 2024
Sleeping accommodations
for persons who are deaf or hard of hearing required by
521 CMR 8.4.5
shall comply with the following requirements for smoke/fire/safety alarms, visual signal devices, telephones, televisions, alarm clocks and climate controls.
8.6.1 Auxiliary Visual Alarms:
Sleeping Accommodations
shall be equipped with auxiliary visual alarms which comply with 521 CMR 40.4:
a. a visual alarm connected to the
building
emergency alarm system; or
b. a standard 110-volt electrical receptacle into which such an alarm can be connected and a means by which a signal from the
building
emergency alarm system can trigger such an auxiliary alarm. Such receptacle shall be connected to the emergency or standby power, (if provided in the
building
).
The visual alarm signal shall be visible in all areas of the unit or room. Instructions for use of the auxiliary alarm or receptacle shall be provided.
Code of Massachusetts Regulations › 521 CMR - Architectural Access Board › Title 521 CMR 8 - Transient Lodging Facilities › Section 8.7 - OTHER SLEEPING ROOMS AND SUITES

Current through Register 1525, July 5, 2024
Doors and doorways designed to allow passage into and within all sleeping units or other covered units shall comply with
521CMR 26.00: DOORS AND DOORWAYS
on the corridor side of the door only.
Code of Massachusetts Regulations › 521 CMR - Architectural Access Board › Title 521 CMR 9 - Multiple Dwellings › Section 9.1 - GENERAL

Current through Register 1525, July 5, 2024
A
multiple dwelling
is considered to be either a lodging
facility
or a residential
facility
for hire, rent, lease, or sale containing three or more
dwelling units
in a
building
. Facilities used for temporary accommodations are considered
transient lodging
facilities.
See
521 CMR 8.00: TRANSIENT LODGING FACILITIES
. For public and common use spaces in
Multiple Dwellings
,
See
521 CMR 10.00: PUBLIC USE AND COMMON USE SPACES IN MULTIPLE DWELLINGS
.
9.1.1 A lodging
facility
is a
building
or a portion of a
building
, primarily used for the purpose of
sleeping accommodations
. Lodging
facilities
shall include but not be limited to shelters, hospices, group homes, and congregate living facilities. A
dwelling unit
in a lodging
facility
is defined as the sleeping
space
provided to a single individual; i.e., a bedroom.
9.1.2 A residential
facility
is a
building
or
buildings
consisting of
dwelling units
each of which provides complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. When a
dwelling unit
houses more than three lodgers or boarders it is a lodging
facility
. Residential facilities shall include but not be limited to apartments, condominiums, assisted living and cooperatives.
Code of Massachusetts Regulations › 521 CMR - Architectural Access Board › Title 521 CMR 9 - Multiple Dwellings › Section 9.2 - APPLICABILITY

Current through Register 1525, July 5, 2024
New
construction
:
Multiple dwellings
, for which building permits for new
construction
are issued on or after September 1, 1996 shall meet the requirements of
521 CMR 9.3, Group 1 Dwelling Units and 521 CMR 9.4, Group 2 Dwelling Units
.
9.2.1
Renovation
and reuse: Any
building
previously occupied for any purpose, which is converted, renovated, reconstructed, altered or remodeled for residential
use
after this date is exempt from
521 CMR 9.3 Group 1 Dwelling Units
.
9.2.2
Renovation
and reuse of dwelling units is subject to
521 CMR 9.4, Group 2 Dwelling Units
through
521 CMR 9.5, Dwelling Unit Interiors
provided the work being performed, in a three year period, exceeds 30% of the
full and fair cash value of the building
(
See
521 CMR 3.3.2
). Work performed to public use and common use areas however, is subject to all of
521 CMR 3.3.
Code of Massachusetts Regulations › 521 CMR - Architectural Access Board › Title 521 CMR 9 - Multiple Dwellings › Section 9.3 - GROUP 1 DWELLING UNITS

Current through Register 1525, July 5, 2024
In
multiple dwellings
, for which building permits for new
construction
are issued on or after September 1, 1996, that are for rent, hire, lease or sale and that are equipped with an elevator, all
dwelling units
must be constructed as
Group 1 Dwelling Units
, except those covered in
521 CMR 9.4, Group 2 Dwelling Units
.
In
multiple dwellings
that are for rent, hire, lease, or sale but are not equipped with an elevator, only units on the
ground floor
must be constructed as
Group 1 Dwelling Units
.
Group 1 units
must comply with
521 CMR 9.5
, and,
521 CMR 42.00: GROUP 1 BATHROOMS; 521 CMR 43.00: GROUP 1 KITCHENS; and 521 CMR 46.00: GROUP 1 BEDROOMS
.
Code of Massachusetts Regulations › 521 CMR - Architectural Access Board › Title 521 CMR 9 - Multiple Dwellings › Section 9.4 - GROUP 2 DWELLING UNITS

Current through Register 1525, July 5, 2024
In
multiple dwellings
that are for rent, hire, or lease (but not for sale) and contain 20 or more units, at least 5% of the
dwelling units
must be
Group 2A
units.
Group 2A
units must comply with
521 CMR 9.5, Dwelling Unit Interiors
; and
521 CMR 44.00: GROUP 2 BATHROOMS
; and
521 CMR 45.00: GROUP 2 KITCHENS
; and
521 CMR 47.00: GROUP 2 BEDROOMS
.
9.4.1 Total
dwelling units
in a complex: When
multiple dwellings
consist of more than one
building
on a
site
or are located on several, non-contiguous
sites
, all
dwelling units
shall be added together to determine applicability of 521 CMR 9.4.
9.4.2 Distribution:
Group 2A dwelling units
shall be proportionally distributed across the total number of units according to number of bedrooms, size, quality, price and location.
EXCEPTION FOR TOWNHOUSES: When 5% of the total number of units required to be accessible includes townhouses, they shall comply by any of the following means:
a. substitute a fully accessible flat of comparable size, amenities, etc.;
b. provide space for the future installation of a wheelchair lift to access either upper or lower level of townhouse.
c. provide space for the future installation of a residential elevator to access either the upper or lower level of the townhouse.
Code of Massachusetts Regulations › 521 CMR - Architectural Access Board › Title 521 CMR 9 - Multiple Dwellings › Section 9.5 - DWELLING UNIT INTERIORS

Current through Register 1525, July 5, 2024
The interiors of all
Group 1
and
2 dwelling units
, except as exempted by
521 CMR 9.2.1,
shall comply with the following requirements:
9.5.1 Doorways: All doorways and all openings that allow passage in a
Group 2
unit must comply with
521 CMR 26.2, Double Leaf Doorways,
through
521 CMR 26.11, Door Hardware.
All doorways and all openings that allow passage in
Group 1
units shall be capable of complying, without
structural change
, with
521 CMR 26.2, Double Leaf Doorways,
through
521 CMR 26.11, Door Hardware.
For door types such as bifold, pocket, and accordion doors, the clear opening is measured when the door is in its most fully open position.
See
Fig. 26b
and
26c
. For
Group 1 units
, only the common area and apartment entrance door hardware are required to comply with
521 CMR 26.11, Door Hardware
.
9.5.2 Every entry door to each
dwelling unit
shall have a means by which the resident can visually identify a visitor before opening the door. This may be achieved by any of the following means:
a. In
Group 1 and 2A
units, a peephole mounted 60 inches (60" = 1524mm) above the floor, a vision panel in the door with its bottom edge no higher than 60 inches (60" = 1524mm) above the floor, or a sidelight with its bottom edge no higher than 60 inches (60" = 1524mm) above the floor, shall be provided.
b. In
Group 2B
units, an additional peephole mounted at 42 inches (42" = 1067mm) above the floor; a vision panel in the door with its bottom edge no higher than 42 inches (42" = 1067mm) above the floor; or a sidelight with its bottom edge no higher than 42 inches (42" = 1067mm) above the floor.
See
Fig. 9a
.
Click to view
				image
Code of Massachusetts Regulations › 521 CMR - Architectural Access Board › Title 521 CMR 9 - Multiple Dwellings › Section 9.7 - SLEEPING ACCOMMODATIONS FOR PERSONS WHO ARE DEAF OR HARD OF HEARING

Current through Register 1525, July 5, 2024
In addition to those units required to be
accessible
by
521 CMR 9.4, Group 2 Dwelling Units
, 2% of the total number of
dwelling units
in the complex or project, but not less than one shall comply with the following:
9.7.1
Sleeping accommodations
for persons who are deaf or hard of hearing required by
521 CMR 9.7
shall comply with the following requirements for smoke/fire/safety alarms, visual signal devices, telephones, televisions, alarm clocks and climate controls.
9.7.2 Auxiliary Visual Alarms:
Sleeping accommodations
shall be equipped with auxiliary visual alarms which comply with 521 CMR 40.4:
a. a visual alarm connected to the
building
emergency alarm system; or
b. a standard 110-volt electrical receptacle into which such an alarm can be connected and a means by which a signal from the
building
emergency alarm system can trigger such an auxiliary alarm. Such receptacle shall be connected to the emergency or standby power, (if provided in the
building
).
The visual alarm signal shall be visible in all areas of the unit or room. Instructions for use of the auxiliary alarm or receptacle shall be provided.
Code of Massachusetts Regulations › 521 CMR - Architectural Access Board › Title 521 CMR 10 - Public Use and Common Use Spaces in Multiple Dwellings › Section 10.1 - GENERAL

Current through Register 1525, July 5, 2024
The
public use
and
common use
spaces of
multiple dwellings
in existing
buildings
consisting of 12 or more units in a
building
, shall be
accessible
and shall comply with
521 CMR.
The public use and
common use
spaces of
multiple dwellings
in new
construction
consisting of three or more units shall comply with
521 CMR
.
Public
and
common use
spaces are those spaces inside or outside a
building
that are used by residents and/or visitors.
Public use
and
common use
spaces shall include but not be limited to community facilities, meeting rooms, restaurants, recreation spaces, health facilities, pools, public toilet rooms, laundry areas, trash areas, storage areas, mailboxes, walks, sidewalks, parking lots and garages, entrances, elevators, lobbies and foyers, as well as corridors and stairways leading to
dwelling units
.
Code of Massachusetts Regulations › 521 CMR - Architectural Access Board › Title 521 CMR 10 - Public Use and Common Use Spaces in Multiple Dwellings › Section 10.2 - ACCESSIBLE ROUTES

Current through Register 1525, July 5, 2024
There shall be an
accessible route
at least 36 inches (36" = 914mm) wide connecting
accessible
parking,
accessible
entrances,
public
and
common use
spaces, and
dwelling units
. Wherever possible, the
accessible route
shall be the shortest possible route,
see
521 CMR 20.00: ACCESSIBLE ROUTE
Code of Massachusetts Regulations › 521 CMR - Architectural Access Board › Title 521 CMR 10 - Public Use and Common Use Spaces in Multiple Dwellings › Section 10.3 - PARKING SPACES FOR DWELLING UNIT OCCUPANTS

Current through Register 1525, July 5, 2024
Where parking is provided, it shall comply or be capable of complying with the provisions of
521 CMR 23.2, Number
through
521 CMR 23.8, Valet Parking
. The number of
accessible
spaces shall not be limited in number by
521 CMR 23.2.1, Number
but shall be provided in sufficient numbers to meet the needs of the
dwelling unit
occupants. If parking spaces are assigned to individual units, those spaces designated for
accessible
units shall have
signage
reserving said space. An international symbol of accessibility need not be used.
10.3.1 Visitor Parking Spaces: Where parking is provided for visitors, it shall comply fully with the requirements of
521 CMR 23.00: PARKING AND PASSENGER LOADING ZONES
.
Code of Massachusetts Regulations › 521 CMR - Architectural Access Board › Title 521 CMR 10 - Public Use and Common Use Spaces in Multiple Dwellings › Section 10.4 - DOORS

Current through Register 1525, July 5, 2024
All doorways and openings located in
common use
and
public use
spaces and along
accessible routes
shall comply with
521 CMR 26.2, Revolving Doors
through
521 CMR 26.11, Door Hardware
.
Code of Massachusetts Regulations › 521 CMR - Architectural Access Board › Title 521 CMR 10 - Public Use and Common Use Spaces in Multiple Dwellings › Section 10.7 - HEIGHT OF CONTROLS

Current through Register 1525, July 5, 2024
The highest position of the
operable parts
of any control, dispenser, receptacle, or other operable equipment shall be located within the
zone of reach
as defined in
521 CMR 5.00: DEFINITIONS
.
Code of Massachusetts Regulations › 521 CMR - Architectural Access Board › Title 521 CMR 10 - Public Use and Common Use Spaces in Multiple Dwellings › Section 10.8 - LAUNDRY FACILITIES

Current through Register 1525, July 5, 2024
If laundry facilities are provided in
Multiple dwellings
, then equivalent,
accessible
laundry facilities shall be provided.
10.8.1 Location: Laundry facilities shall be on an
accessible
level and on an
accessible route
.
10.8.2 At least one washing machine and at least one clothes dryer shall be front loading, shall have a side hinged door, and shall be located so that the door can be opened 180°.
See Fig. 10a
.
Click to view
				image
10.8.3 Where laundry work space, such as a folding table, is provided, it shall comply with
521 CMR 35.00: TABLES AND SEATING
.
10.8.4 Controls, including the payment mechanism, shall fall within the
zone of reach
as defined in
521 CMR 5.00: DEFINITIONS
.
Code of Massachusetts Regulations › 521 CMR - Architectural Access Board › Title 521 CMR 10 - Public Use and Common Use Spaces in Multiple Dwellings › Section 10.9 - KITCHEN FACILITIES

Current through Register 1525, July 5, 2024
Sinks, counters, and cooking facilities provided in
common use
spaces shall comply with
521 CMR 32.00: KITCHENS
.
Code of Massachusetts Regulations › 521 CMR - Architectural Access Board › Title 521 CMR 11 - Commercial Buildings › Section 11.1 - GENERAL

Current through Register 1525, July 5, 2024
The design of commercial
buildings
shall comply with 521 CMR, except as specified or modified in 521 CMR 11.00. Commercial
buildings
are
public buildings
as defined in 521 CMR and shall include but not be limited to: the part or parts of
buildings
where a service or product is offered to the public and into which a member of the public may enter including but not limited to: doctors', dentists', and counseling offices, chiropractors', psychologists' and psychiatrists' offices, lawyers', and accountants' offices, insurance companies, veterinarians, realtors, travel agents, as well as city and town halls and
facilities
.
Code of Massachusetts Regulations › 521 CMR - Architectural Access Board › Title 521 CMR 11 - Commercial Buildings › Section 11.2 - COMMERCIAL FACILITIES LOCATED IN PRIVATE RESIDENCES

Current through Register 1525, July 5, 2024
When a commercial
facility
is located in a private residence, the portion of the residence used exclusively in the operation of the commercial
facility
or that portion used both for the commercial
facility
and for residential purposes shall comply with 521 CMR
Code of Massachusetts Regulations › 521 CMR - Architectural Access Board › Title 521 CMR 12 - Educational Facilities › Section 12.1 - GENERAL

Current through Register 1525, July 5, 2024
Educational
facilities
shall comply with 521 CMR, except as specified or modified in 521 CMR 12.00. Educational
facilities
shall include but not be limited to: public and private schools, nurseries, pre-schools, day care facilities, colleges and universities, libraries, galleries, museums, and training
facilities
.
12.1.1 Applicability: Administrative spaces, instructional spaces, and areas open to students or the general public shall comply with 521 CMR.
12.1.2 Dormitories shall comply with the requirements of
521 CMR 8.00: TRANSIENT LODGING FACILITIES
.
12.1.3 Amphitheaters, lecture halls and classrooms of educational facilities shall comply with
521 CMR 14.00: PLACES OF ASSEMBLY
.
Code of Massachusetts Regulations › 521 CMR - Architectural Access Board › Title 521 CMR 12 - Educational Facilities › Section 12.2 - LIBRARIES

Current through Register 1525, July 5, 2024
Shall comply with the following and
Figure 12a
.
12.2.1 General: All public areas of a library, including but not limited to, reading and study areas, stacks, reference rooms, reserve areas, and special
facilities
or collections, shall comply with
521 CMR 12.00.
12.2.2 Reading Areas, Study Areas and Computer Workstations: Where tables, study carrels, computer workstations, or fixed seating are provided, at least 5% with a minimum of one of each
element
shall be
accessible
, be on an
accessible route
, and comply with the following:
a.
Access aisles
: A 36 inch (36" = 914mm)
access aisle
shall be provided between tables and between study carrels. No seating shall overlap the
access aisle
.
See Fig. 12a
.
b.
Clear floor space
as defined in
521 CMR 5.00: DEFINITIONS
shall be provided at each seating space. Such
clear floor
space shall not overlap knee space by more than 19 inches (19" = 483 mm).
See Fig. 12a
.
c. Knee Clearances: If seating for disabled persons is provided at tables or counters, knee spaces at least 27 inches (27" = 686mm) high, 30 inches (30" = 762mm) wide, and 19 inches (19" = 483mm) deep shall be provided.
See Fig. 12a
.
d. Height of Tables or Counters: The tops of
accessible
tables and counters shall be from 28 inches to 34 inches (28" to 34" = 711mm to 864mm) above the finished floor or ground.
Click to view
				image
Code of Massachusetts Regulations › 521 CMR - Architectural Access Board › Title 521 CMR 12 - Educational Facilities › Section 12.4 - SINKS, COUNTERS, AND OTHER WORK AREAS IN CLASSROOMS OR LABORATORIES

Current through Register 1525, July 5, 2024
At least 5%, with a minimum of one of each type of element, in each classroom or laboratory shall comply with the following:
a. Counter tops and sinks shall comply with
521 CMR 12.2.2 b, 12.2.2 c
. and
12.2.2d
.
b. Accessible storage: At least 50% of shelf space in cabinets or refrigerator/freezers shall comply with
521 CMR 6.5, Forward Reach
and
521 CMR 6.6, Side Reach
and
space
shall be designed to allow for the operation of cabinet and/or appliance doors so that all cabinets and appliances are
accessible
and usable.
c. Controls and operating mechanisms shall comply with
521 CMR 39.00: CONTROLS
.
Code of Massachusetts Regulations › 521 CMR - Architectural Access Board › Title 521 CMR 13 - Medical Care Facilities › Section 13.1 - GENERAL

Current through Register 1525, July 5, 2024
Medical care
facilities
shall comply with 521 CMR, except as specified or modified in
521 CMR 13.00
. Medical care
facilities
are
buildings
in which people receive physical or medical treatment or care and where persons may need assistance in responding to an emergency and where the period of stay may exceed 24 hours. They shall include but not be limited to hospitals, clinics, sanitariums, alcohol and drug detoxification centers, nursing homes, and
buildings
in which one or more doctors provide health services similar to those provided by any of the above. Doctors' and dentists' offices, counseling offices, offices of chiropractors, psychologists, and psychiatrists and places providing health services that do not require overnight accommodation shall comply with the requirements of
521 CMR 11.00: COMMERCIAL BUILDINGS
.
Code of Massachusetts Regulations › 521 CMR - Architectural Access Board › Title 521 CMR 13 - Medical Care Facilities › Section 13.2 - PUBLIC USE AND COMMON USE AREAS

Current through Register 1525, July 5, 2024
All
public
and
common use
areas shall be
accessible
and shall include but are not limited to areas where services are provided to the public, waiting areas, changing rooms, diagnostic and treatment areas, exam rooms, offices and meeting rooms, food services, gift shops, and emergency facilities, and toilet rooms.
13.2.1 Where examining tables are provided in exam rooms, they shall be adjustable in height from 15 inches (381mm) above the floor.
13.2.2 Counters across which transactions are conducted with patients and the public shall comply with the following:
a. Location: The counter shall be on an
accessible
route.
b. Length: A portion of the counter or an auxiliary counter shall be at least 36 inches (36" = 914mm) in length.
c. Height: That portion of the counter shall not exceed 36 inches (36" = 914mm) above the finished floor.
d.
Clear floor space
: Shall be provided in front of counter.
Code of Massachusetts Regulations › 521 CMR - Architectural Access Board › Title 521 CMR 13 - Medical Care Facilities › Section 13.3 - PATIENT BEDROOMS

Current through Register 1525, July 5, 2024
Shall comply with one or more of the following, as applicable:
13.3.1 In hospitals, general purpose hospitals, psychiatric facilities, and detoxification facilities, a total of at least 10% of the units shall be designed as follows: 5% of the patient bedrooms with toilets shall be designed as
Group 2B
Units and 5% of patient bedrooms and toilets shall be designed as
Group 1
Units.
13.3.2 Hospitals and rehabilitation facilities that specialize in treating conditions that affect mobility, or units within either that specialize in treating conditions that affect mobility, 5% of the patient bedrooms with toilets shall be designed as
Group 2B Units
and the remainder of the patient bedrooms and toilets shall be designed as
Group 1 Units
. Said rooms shall be proportionately distributed as to type of room,
i.e
. private, shared,
etc
.
13.3.3 In long term care facilities and nursing homes, 5% of the total number of patient bedrooms with toilets shall be designed as
Group 2B Units
and 45% of the patient bedrooms with toilets shall be designed as
Group 1 Units
.
13.3.4 Alterations to Patient Bedrooms: When patient bedrooms are being added or altered as part of a planned renovation of an entire wing, a department, or other discrete area of an existing medical facility, a percentage of the patient bedrooms that are being added or altered shall comply with
521 CMR 13.3.1
. The percentage of
accessible
rooms provided shall be consistent with the percentage of rooms required to be
accessible
by the applicable requirements of
521 CMR 13.3.1
,
13.3.2
and
13.3.3
until the number of
accessible
patient bedrooms in the facility equals the overall number that would be required if the facility were newly constructed.
Code of Massachusetts Regulations › 521 CMR - Architectural Access Board › Title 521 CMR 13 - Medical Care Facilities › Section 13.4 - ENTRANCES

Current through Register 1525, July 5, 2024
At least one
accessible entrance
that complies with
521 CMR 25.00: ENTRANCES
, shall be protected from the weather by canopy or roof overhang. Such
entrances
shall incorporate a passenger loading zone that complies with
521 CMR 20.00: ACCESSIBLE ROUTE
.
Code of Massachusetts Regulations › 521 CMR - Architectural Access Board › Title 521 CMR 13 - Medical Care Facilities › Section 13.5 - DOORWAYS

Current through Register 1525, July 5, 2024
All bedrooms and
bathrooms
shall comply with the requirements of
521 CMR 26.00: DOORS AND DOORWAYS
.
Exception: Entry doors to acute care hospital bedrooms for inpatients shall be exempted from the requirement in
521 CMR 26.6, Maneuvering Clearance
if the door opening is at least 44 inches (44" = 1118mm) wide.
Code of Massachusetts Regulations › 521 CMR - Architectural Access Board › Title 521 CMR 13 - Medical Care Facilities › Section 13.6 - MANEUVERING SPACE IN BEDROOMS

Current through Register 1525, July 5, 2024
Each bedroom shall have adequate wheelchair turning space complying with
521 CMR 6.3, Wheelchair Turning Space
. In rooms with 2 beds, it is preferable that this space be located between beds. Each bedroom shall have adequate
space
to provide a minimum
clear floor space
of 36 inches (36" = 914mm) along each side of the bed and to provide an
accessible route
to each side of each bed.
Code of Massachusetts Regulations › 521 CMR - Architectural Access Board › Title 521 CMR 13 - Medical Care Facilities › Section 13.7 - PATIENT TOILET ROOMS

Current through Register 1525, July 5, 2024
Where toilet rooms are provided as a part of a patient bedroom, each
accessible
patient bedroom as defined in
521 CMR 13.3, Patient Bedrooms
shall have an
accessible
toilet room that complies with requirements of
521 CMR 42.00: GROUP 1 BATHROOMS
(for
Group 1
patient bedrooms) or
521 CMR 44.00: GROUP 2B BATHROOMS
, (for
Group 2B
patient bedrooms).
Accessible bathrooms
shall be on an
accessible route
.