SENATE DOCKET, NO. 923        FILED ON: 1/18/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1969

The Commonwealth of Massachusetts

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PRESENTED BY:

William N. Brownsberger, (BY REQUEST)

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act concerning induction loop listening system installation.

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PETITION OF:

SENATE DOCKET, NO. 923        FILED ON: 1/18/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1969

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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An Act concerning induction loop listening system installation.

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. Chapter 143 of the General Laws, as appearing in the 2020 official edition, is amended by inserting after section 100 the following section: 

Section 101

a. The owner of an area of public assembly or service shall maintain an induction loop listening system, and shall post prominently-visible permanently-mounted signage to indicate to visitors that the induction loop listening system is available. This requirement shall apply when, in association with a building permit application that is initially submitted following the effective date of this section, an area of public assembly or service is newly constructed or undergoes a substantial renovation. Following initial installation, an owner of an area of public assembly or service for whom this section applies shall, on a biennial basis, complete a self certification form and submit the form to the applicable code enforcing agency, attesting that the induction loop listening system continues to be functional.

b. In association with a building permit application, the permit applicant may assert that installation of an induction loop listening system would be impractical, and request that the enforcing agency reviewing the application evaluate that assertion. Notwithstanding any provision of subsection a. of this section to the contrary, an owner of an area of public assembly or service shall not be required to install an induction loop listening system if the enforcing agency reviewing the application determines that the installation of an induction loop listening system would be impractical.

c. The Board of Building Regulations and Standards, as established by section 93 of chapter 143 of the General Laws, shall promulgate rules and regulations to effectuate the purposes of this section. The rules and regulations shall include, but not be limited to, standards for: 

(1) the installation of an induction loop listening system; 

(2) the conditions that would render the installation of an induction loop listening system impractical pursuant to subsection b. of this section; 

(3) the placement and appearance of the required signage, using the ear-with-T logo; and 

(4) the frequency and criteria of public access that shall cause a space to be designated as open to the public in relation to the definition of an area of public assembly or service. 

d. As used in this section: 

“Area of public assembly or service” means a building or structure, or space within a building or structure, that is regularly open for public gatherings, including an auditorium, theater, meeting room, courtroom, community center, library, pharmacy counter, information desk at a medical facility, a waiting area for a medical office, bank teller area, car rental business, restaurant, bar, or other food or beverage counter service location, coat check area, grocery store check-out area, ticket payment location, or other category of space designated by the commissioner as an area of public assembly or service. 

“Induction loop listening system” means a hardwired assistive listening system through which a loop of wire around an area of a building produces a signal, or a hardwired countertop version that produces a signal, received directly by hearing aids and cochlear implants equipped with telecoil features used by persons with hearing loss.

“Substantial renovation” means a construction or renovation project requiring a building permit and where the value of the renovation to the area of public assembly or service exceeds $40,000. 

SECTION 2. This act shall take effect on the first day of the seventh month next following enactment.