Bill H.4425

FILED ON: 2/3/2020

HOUSE . . . . . . . . . . . . . . . No. 4425

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-First General Court
(2019-2020)

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An Act relative to the Architectural Access Board.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. The first paragraph of section 13A of chapter 22 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out the second and third sentences and inserting in place thereof the following 3 sentences:-

"Two of the appointive members shall be architects licensed to practice in the commonwealth. One of the appointive members shall be a licensed building inspector. Three of the appointive members shall be selected after consultation with advocacy groups on behalf of persons with disabilities."

SECTION 2. Said section 13A of said chapter 22, as so appearing, is hereby further amended by striking out, in lines 40 and 41, the words “public buildings accessible to, functional for, and safe for use by physically handicapped persons” and inserting in place thereof the following words:-

"buildings, including areas that are not generally in public use, accessible to, functional for and safe for use by persons with disabilities."

SECTION 3. Said section 13A of said chapter 22, as so appearing, is hereby further amended by striking out, in lines 43 and 45, the following words “for businesses, auditoriums, sporting or recreational facilities, or cultural centers”.

SECTION 4. Said section 13A of said chapter 22, as so appearing, is hereby further amended by striking out, in lines 47 to 49, inclusive, the words “of handicapped persons or for vehicles used to transport such handicapped persons if the number of parking spaces in any such area is fifteen or more.” and inserting in place thereof the following words:-

"authorized to display handicapped plates or placards under section 2 of chapter 90; provided, that the parking requirements shall be consistent with the Americans with Disabilities Act Standards for Accessible Design."

SECTION 5. Said section 13A of said chapter 22, as so appearing, is hereby further

amended by striking out, in line 53, the words “for physically handicapped persons” and inserting in place thereof the following words:-

"and accessible".

SECTION 6. Said section 13A of said chapter 22, as so appearing, is hereby further

amended by inserting after the word “elevator”, in line 56, the following words:-

“and (3) all public use and common use portions of such multiple dwellings;”

SECTION 7. Said section 13A of said chapter 22, as so appearing, is hereby further

amended by inserting after the word “ninety-one”, in lines 57 to 58, the following words:-

“The rules and regulations of the board shall also establish standards and procedures designed to make accessible to, functional for and safe for use by persons with disabilities residential buildings built before March thirteenth, nineteen hundred and ninety-one undergoing a gut rehabilitation, including any multiple dwelling facility or any building being renovated as part of a change of use from a non-residential use into a multiple dwelling facility”

SECTION 8. Said section 13A of said chapter 22, as so appearing, is hereby further amended by inserting after the words “equivalent to”, in line 61, the following words:-

"or greater than."

SECTION 9. Said section 13A of said chapter 22 of the General Laws, as so appearing, is

hereby further amended by inserting after the word “Act”, in line 62, the following words:-

", the Department of Justice’s Americans with Disabilities Act Standards for Accessible Design,".

SECTION 10. Said section 13A of said chapter 22, as so appearing, is hereby further amended by inserting after the word “buildings”, in line 67, the following words:-

"and facilities".

SECTION 11. Said section 13A of said chapter 22, as so appearing, is hereby further amended by inserting after the word “buildings”, in line 75, the following words:-

"and facilities".

SECTION 12. Said section 13A of said chapter 22, as so appearing, is hereby further amended by striking out, in lines 80 and 81, the words “handicapped persons,” and inserting in place thereof the following words:-

"persons with a disability.”

SECTION 13. Said section 13A of said chapter 22, as so appearing, is hereby further amended by striking out, in lines 88 and 89 the word “newspaper” and inserting in place thereof the following words:-

"forms of".

SECTION 14. Said section 13A of said chapter 22, as so appearing, is hereby further amended by inserting after the word “building”, in line 93, the following words:-

"or facility".

SECTION 15. Said section 13A of said chapter 22, as so appearing, is hereby further

amended by inserting after the word “building”, in line 94, the following words:-

"or facility".

SECTION 16. Said section 13A of said chapter 22, as so appearing, is hereby further

amended by inserting after the word “changed to a”, in line 94, the following words:-

"residential use or a".

SECTION 17. Said section 13A of said chapter 22, as so appearing, is hereby further

amended by inserting, in line 95, after the words “which the building” the following words:-

"or facility."

SECTION 18. Said section 13A of said chapter 22, as so appearing, is hereby further

amended by inserting after the word “building”, in line 96, the following words:-

"or facility".

SECTION 19. Said section 13A of said chapter 22, as so appearing, is hereby further amended by striking out, in lines 102 and 103, the words “physically handicapped persons” and inserting in place thereof the following words:-

"persons with a disability".

SECTION 20. Said section 13A of said chapter 22, as so appearing, is hereby further amended by striking out, in lines 109 and 110, the words “physically handicapped persons” and inserting in place thereof the following words:-

"persons with a disability".

SECTION 21. Said section 13A of said chapter 22, as so appearing, is hereby further

amended by striking out, in lines 131 and 132, the word “person” and inserting in place thereof the following words:-

"building, or portion thereof,".

SECTION 22. Said section 13A of said chapter 22, as so appearing, is hereby further

amended by inserting after the words “for a building”, in line 150, the following words:-

"or facility".

SECTION 23. Said section 13A of said chapter 22, as so appearing, is hereby further

amended by inserting after the word “building”, in line 166, the following word:-

", facility".

SECTION 24. Said section 13A of said chapter 32, as so appearing, is hereby further

amended by striking out, in lines 177, 179 and 187 the words “physically handicapped persons” and inserting in place thereof, in each instance, the following words:-

"persons with a disability".

SECTION 25. Said section 13A of said chapter 22, as so appearing, is hereby further

amended by inserting after the definition of “Construction” the following definition:-

"“Facility”, all or any portion of a building, structure, site improvement, complex, equipment, road, walk, passageway, parking lot or other real or personal property, including the site where the building, property, structure or equipment is located."

SECTION 26. Said section 13A of said chapter 22, as so appearing, is hereby further amended by striking out, in line 200, the words “Physically handicapped person” and inserting in place thereof the following words:-

"Person with a disability".

SECTION 27. Said section 13A of said chapter 22, as so appearing, is hereby further amended by striking out, in line 204, the words “Physically handicapped persons” and inserting in place thereof the following words:-

"persons with a disability."

SECTION 28. Said section 13A of said chapter 22, as so appearing, is hereby further

amended by inserting the following definition of “Areas that are not generally in public use”:-

“Areas that are not generally in public use,” areas not intended for use by the public, as designated in the 1991 and 2010 Americans with Disabilities Act (ADA) Standards for Accessible Design, and employee work areas.

SECTION 29. Said section 13A of said chapter 22, as so appearing, is hereby further

amended by inserting the following definition of “Employee work area”:-

"Employee work area," all or any portion of a space used only by employees and used only for work. Corridors, toilet rooms, kitchenettes and break rooms are considered “employee work areas” and shall be made accessible in new construction, or where renovation work being performed is otherwise subject to the jurisdiction of the Board. Corridors, toilet rooms, kitchenettes and break rooms are not otherwise considered “employee work areas;” provided however, that where corridors, toilet rooms, kitchenettes and break rooms constitute the path of travel to or are essential to the use of employees for work, they shall be, when possible, adaptable.

SECTION 30. Said section 13A of said chapter 22, as so appearing, is hereby further

amended by inserting the following definition of “Gut rehabilitation”:-

“Gut rehabilitation,” the general replacement of the interior of a building that may or may not include changes to structural elements such as flooring systems, columns or load bearing interior or exterior walls.

SECTION 31. Said section 13A of said chapter 22, as so appearing, is hereby further amended by striking out the definition of “Public building” and inserting in place thereof the following definition:-

“Public building”, buildings constructed by the commonwealth or any political subdivision thereof with public funds and open to public use, including, but not limited to, the places of public accommodation listed in 28 CFR 36.104.