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SENATE DOCKET, NO. 105 FILED ON: 1/7/2025
SENATE . . . . . . . . . . . . . . No. 1733
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Michael O. Moore
_________________
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 building a more accessible Massachusetts.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :Michael O. MooreSecond WorcesterJohn J. Marsi6th Worcester1/28/2025Paul K. Frost7th Worcester1/28/2025James B. EldridgeMiddlesex and Worcester3/3/2025 1 of 7
SENATE DOCKET, NO. 105 FILED ON: 1/7/2025
SENATE . . . . . . . . . . . . . . No. 1733
By Mr. Moore, a petition (accompanied by bill, Senate, No. 1733) of Michael O. Moore, John J.
Marsi, Paul K. Frost and James B. Eldridge for legislation relative to the Architectural Access
Board. Public Safety and Homeland Security.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 1553 OF 2023-2024.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act building a more accessible Massachusetts.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. The first paragraph of section 13A of chapter 22 of the General Laws, as
2amended by section 29 of chapter 39 of the acts of 2021, is hereby further amended by striking
3out the second and third sentences and inserting in place thereof the following 3 sentences:- Two
4of the appointive members shall be architects licensed to practice in the commonwealth. One of
5the appointive members shall be a licensed building inspector. Three of the appointive members
6shall be selected after consultation with advocacy groups on behalf of persons with disabilities.
7 SECTION 2. Said section 13A of said chapter 22, as so amended, is hereby further
8amended by striking out the fourth paragraph and inserting in place thereof the following 4
9paragraphs:- 2 of 7
10 The board shall make and from time to time alter, amend and repeal, in accordance with
11the provisions of chapter 30A, rules and regulations designed to make multiple dwellings and
12public buildings and facilities, including, but not limited to, areas that are not generally in public
13use, accessible to, functional for and safe for use by persons with disabilities. The board shall
14also make rules and regulations requiring that any person who has lawful control of improved or
15enclosed private property used as off-street parking areas where the public has a right of access
16as invitees or licensees, shall reserve parking spaces in said off-street parking areas for vehicles
17authorized to display handicapped plates or placards under section 2 of chapter 90; provided, that
18the parking requirements shall be consistent with the ADA Standards for Accessible Design. The
19parking spaces reserved for vehicles of such persons with a disability shall be clearly marked as
20such.
21 The rules and regulations of the board shall establish standards and procedures designed
22to make adaptable for persons with physical disabilities for any building, regardless of the date of
23construction: (i) all dwelling units in multiple dwellings equipped with an elevator; (ii) all
24ground floor dwelling units in multiple dwellings not equipped with an elevator; and (iii) all
25public use and common use portions of such multiple dwellings; provided, however, that in any
26building constructed before March 13, 1991, such standards and procedures for dwelling units
27shall apply only to such units within: (i) any non-residential building undergoing a gut
28rehabilitation as part of a change in use into a multiple dwelling facility; or (ii) any residential
29building which is vacant undergoing a gut rehabilitation. The rules and regulations of the board
30shall establish standards and procedures designed to make accessible to, functional for and safe
31for use by persons with physical disabilities residential buildings whenever constructed and
32without the restrictions in the above paragraph. 3 of 7
33 Unless otherwise specified, 5 per cent of the units in lodging or residential facilities for
34hire, rent or lease, containing 20 or more units, shall meet this requirement; provided, however,
35that accessible units shall allow 5 feet of turning radius for a wheelchair in the kitchens and
36bathrooms. In the event that the board determines that the need, in certain areas of the
37commonwealth, for such units either exceeds or does not require said 5 percent, the board may
38require that, in said areas a percentage of units less than 5 per cent or not greater than 10 per cent
39be accessible and safe for persons with disabilities; provided, however, that said accessible units
40shall allow 5 feet of turning radius for a wheelchair in the kitchens and bathrooms.
41 The board may make such determination only if there is sufficient factual basis, using
42data from the central registry of the Massachusetts rehabilitation commission, established in
43section 74 of chapter 6, and other sources, to establish with a reasonable degree of certainty the
44present and future needs for said accessible units in certain areas of the commonwealth. A
45percentage of less than 5 per cent shall not be established unless such accessible units, which are
46not needed by persons with disabilities cannot be readily hired, rented or leased to other persons.
47The rules and regulations of the board shall include, but not be limited to, detailed architectural
48standards further defining adaptable and accessible dwelling units and such other provisions
49necessary to provide rights and remedies substantially equivalent to or greater than the rights and
50remedies provided by the federal Fair Housing Act, the ADA Standards for Accessible Design
51and regulations thereunder as pertaining to such multiple dwellings.
52 SECTION 3. Said section 13A of said chapter 22, as appearing in the 2022 Official
53Edition, is hereby further amended by inserting after the word “buildings”, in lines 67, the
54following words:- “and facilities”. 4 of 7
55 SECTION 4. Said section 13A of said chapter 22, as so appearing, is hereby further
56amended by inserting after the word “section”, in line 75, the following words:- “and facilities”.
57 SECTION 5. Said section 13A of said chapter 22, as so appearing, is hereby further
58amended by striking out, in lines 80 and 81, the words “handicapped persons,” and inserting in
59place thereof the following words:- “persons with a disability”.
60 SECTION 6. Said section 13A of said chapter 22, as so appearing, is hereby further
61amended by striking out, in lines 88 and 89, the word “newspaper” and inserting in place thereof
62the following words:- “forms of”.
63 SECTION 7. Said section 13A of said chapter 22, as so appearing, is hereby further
64amended by inserting after the word “building”, in line 93, the following words:- “or facility,
65including areas not generally in public use,”.
66 SECTION 8. Said section 13A of said chapter 22, as so appearing, is hereby further
67amended by striking out the words “building be changed to a”, in line 94, and inserting in place
68thereof the following words:- “building or facility be changed to a residential use or a”.
69 SECTION 9. Said section 13A of said chapter 22, as so appearing, is hereby further
70amended by inserting after the word “building”, in lines 95 and 96, in each instance, the
71following words:- “or facility”.
72 SECTION 10. Said section 13A of said chapter 22, as so appearing, is hereby further
73amended by striking out, in lines 102 and 103, the words “physically handicapped persons” and
74inserting in place thereof the following words:- “persons with a disability”. 5 of 7
75 SECTION 11. Said section 13A of said chapter 22, as amended by section 29 of chapter
7639 of the acts of 2021, is hereby further amended by striking out the eighth paragraph.
77 SECTION 12. Said section 13A of said chapter 22, as so appearing, is hereby further
78amended by striking out, in lines 131 and 132, the word “person” and inserting in place thereof
79the following words:- “building or facility, or portion thereof,”.
80 SECTION 13. Said section 13A of said chapter 22, as so appearing, is hereby further
81amended by inserting after the word “building”, in line 150, the second time it appears, the
82following words:- “or facility”.
83 SECTION 14. Said section 13A of said chapter 22, as so appearing, is hereby further
84amended by inserting after the word “building”, in line 166, as so appearing, the following
85word:- “, facility”.
86 SECTION 15. Said section 13A of said chapter 22, as so appearing, is hereby further
87amended by striking out, in lines 177, 179 and 187, the words “physically handicapped persons”
88and inserting in place thereof, in each instance, the following words:- “persons with a disability”.
89 SECTION 16. The fourteenth paragraph of said section 13A of said chapter 22, as so
90appearing, is hereby further amended by inserting after the definition of “Alteration”, the
91following definition:- ‘“Areas that are not generally in public use”, areas not intended for use by
92the public, as designated in the 1991 and 2010 ADA Standards for Accessible Design, and
93employee work areas’.
94 SECTION 17. The fourteenth paragraph of said section 13A of said chapter 22, as so
95appearing, is hereby further amended by inserting after the definition of “Construction” the 6 of 7
96following 3 definitions:- “Employee work area”, all or any portion of a space used only by
97employees and used only for work, including, but not limited to, corridors, toilet rooms,
98kitchenettes and break rooms if said areas constitute the path of travel to or are essential to the
99use of employees for work; provided, that all employee work areas shall be made accessible in
100new construction or where renovation work being performed is otherwise subject to the
101jurisdiction of the board. Corridors, toilet rooms, kitchenettes and break rooms shall not
102otherwise be considered employee work areas; provided however, that where corridors, toilet
103rooms, kitchenettes and break rooms constitute the path of travel to or are essential to the use of
104employees for work, they shall be, when possible, adaptable. “Facility”, all or any portion of a
105building, structure, site improvement, complex, equipment, road, walk, passageway, parking lot
106or other real or personal property, including the site where the building, property, structure or
107equipment is located. “Gut rehabilitation”, the general replacement of the interior of a building
108that may or may not include changes to structural elements such as flooring systems, columns or
109load bearing interior or exterior walls.
110 SECTION 18. Said section 13A of said chapter 22, as so appearing, is hereby further
111amended by striking out, in line 200, the words “Physically handicapped person” and inserting in
112place thereof the following words:- “Person with a disability”.
113 SECTION 19. Said section 13A of said chapter 22, as so appearing, is hereby further
114amended by striking out, in line 204, the words “Physically handicapped persons” and inserting
115in place thereof the following words:- “A person with a disability”.
116 SECTION 20. Said section 13A of said chapter 22, as so appearing, is hereby further
117amended by striking out the definition of “Public building”, in lines 209 through 226, inclusive, 7 of 7
118and inserting in place thereof the following definition:- “Public building”, (i) a building
119constructed by the commonwealth or any political subdivision thereof with public funds and
120open to public use, including, but not limited to, a building constructed by a public housing
121authority, the Massachusetts Port Authority, the Massachusetts Parking Authority, the
122Massachusetts Department of Transportation, the Massachusetts Bay Transportation Authority or
123a building authority of any public educational institution, or their successors; or (ii) a privately
124financed building that is open to and used by the public, including, but not limited to, places of
125public accommodation listed in section 92A of chapter 272, and 42 U.S.C. section 12181(7).