Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S1733 Compare Versions

Only one version of the bill is available at this time.

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1	1	1 of 1
2	2	SENATE DOCKET, NO. 105 FILED ON: 1/7/2025
3	3	SENATE . . . . . . . . . . . . . . No. 1733
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Michael O. Moore
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act building a more accessible Massachusetts.
13	13	_______________
14	14	PETITION OF:
15	15	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
16	16	SENATE DOCKET, NO. 105 FILED ON: 1/7/2025
17	17	SENATE . . . . . . . . . . . . . . No. 1733
18	18	By Mr. Moore, a petition (accompanied by bill, Senate, No. 1733) of Michael O. Moore, John J.
19	19	Marsi, Paul K. Frost and James B. Eldridge for legislation relative to the Architectural Access
20	20	Board. Public Safety and Homeland Security.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE SENATE, NO. 1553 OF 2023-2024.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Fourth General Court
26	26	(2025-2026)
27	27	_______________
28	28	An Act building a more accessible Massachusetts.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. The first paragraph of section 13A of chapter 22 of the General Laws, as
32	32	2amended by section 29 of chapter 39 of the acts of 2021, is hereby further amended by striking
33	33	3out the second and third sentences and inserting in place thereof the following 3 sentences:- Two
34	34	4of the appointive members shall be architects licensed to practice in the commonwealth. One of
35	35	5the appointive members shall be a licensed building inspector. Three of the appointive members
36	36	6shall be selected after consultation with advocacy groups on behalf of persons with disabilities.
37	37	7 SECTION 2. Said section 13A of said chapter 22, as so amended, is hereby further
38	38	8amended by striking out the fourth paragraph and inserting in place thereof the following 4
39	39	9paragraphs:- 2 of 7
40	40	10 The board shall make and from time to time alter, amend and repeal, in accordance with
41	41	11the provisions of chapter 30A, rules and regulations designed to make multiple dwellings and
42	42	12public buildings and facilities, including, but not limited to, areas that are not generally in public
43	43	13use, accessible to, functional for and safe for use by persons with disabilities. The board shall
44	44	14also make rules and regulations requiring that any person who has lawful control of improved or
45	45	15enclosed private property used as off-street parking areas where the public has a right of access
46	46	16as invitees or licensees, shall reserve parking spaces in said off-street parking areas for vehicles
47	47	17authorized to display handicapped plates or placards under section 2 of chapter 90; provided, that
48	48	18the parking requirements shall be consistent with the ADA Standards for Accessible Design. The
49	49	19parking spaces reserved for vehicles of such persons with a disability shall be clearly marked as
50	50	20such.
51	51	21 The rules and regulations of the board shall establish standards and procedures designed
52	52	22to make adaptable for persons with physical disabilities for any building, regardless of the date of
53	53	23construction: (i) all dwelling units in multiple dwellings equipped with an elevator; (ii) all
54	54	24ground floor dwelling units in multiple dwellings not equipped with an elevator; and (iii) all
55	55	25public use and common use portions of such multiple dwellings; provided, however, that in any
56	56	26building constructed before March 13, 1991, such standards and procedures for dwelling units
57	57	27shall apply only to such units within: (i) any non-residential building undergoing a gut
58	58	28rehabilitation as part of a change in use into a multiple dwelling facility; or (ii) any residential
59	59	29building which is vacant undergoing a gut rehabilitation. The rules and regulations of the board
60	60	30shall establish standards and procedures designed to make accessible to, functional for and safe
61	61	31for use by persons with physical disabilities residential buildings whenever constructed and
62	62	32without the restrictions in the above paragraph. 3 of 7
63	63	33 Unless otherwise specified, 5 per cent of the units in lodging or residential facilities for
64	64	34hire, rent or lease, containing 20 or more units, shall meet this requirement; provided, however,
65	65	35that accessible units shall allow 5 feet of turning radius for a wheelchair in the kitchens and
66	66	36bathrooms. In the event that the board determines that the need, in certain areas of the
67	67	37commonwealth, for such units either exceeds or does not require said 5 percent, the board may
68	68	38require that, in said areas a percentage of units less than 5 per cent or not greater than 10 per cent
69	69	39be accessible and safe for persons with disabilities; provided, however, that said accessible units
70	70	40shall allow 5 feet of turning radius for a wheelchair in the kitchens and bathrooms.
71	71	41 The board may make such determination only if there is sufficient factual basis, using
72	72	42data from the central registry of the Massachusetts rehabilitation commission, established in
73	73	43section 74 of chapter 6, and other sources, to establish with a reasonable degree of certainty the
74	74	44present and future needs for said accessible units in certain areas of the commonwealth. A
75	75	45percentage of less than 5 per cent shall not be established unless such accessible units, which are
76	76	46not needed by persons with disabilities cannot be readily hired, rented or leased to other persons.
77	77	47The rules and regulations of the board shall include, but not be limited to, detailed architectural
78	78	48standards further defining adaptable and accessible dwelling units and such other provisions
79	79	49necessary to provide rights and remedies substantially equivalent to or greater than the rights and
80	80	50remedies provided by the federal Fair Housing Act, the ADA Standards for Accessible Design
81	81	51and regulations thereunder as pertaining to such multiple dwellings.
82	82	52 SECTION 3. Said section 13A of said chapter 22, as appearing in the 2022 Official
83	83	53Edition, is hereby further amended by inserting after the word “buildings”, in lines 67, the
84	84	54following words:- “and facilities”. 4 of 7
85	85	55 SECTION 4. Said section 13A of said chapter 22, as so appearing, is hereby further
86	86	56amended by inserting after the word “section”, in line 75, the following words:- “and facilities”.
87	87	57 SECTION 5. Said section 13A of said chapter 22, as so appearing, is hereby further
88	88	58amended by striking out, in lines 80 and 81, the words “handicapped persons,” and inserting in
89	89	59place thereof the following words:- “persons with a disability”.
90	90	60 SECTION 6. Said section 13A of said chapter 22, as so appearing, is hereby further
91	91	61amended by striking out, in lines 88 and 89, the word “newspaper” and inserting in place thereof
92	92	62the following words:- “forms of”.
93	93	63 SECTION 7. Said section 13A of said chapter 22, as so appearing, is hereby further
94	94	64amended by inserting after the word “building”, in line 93, the following words:- “or facility,
95	95	65including areas not generally in public use,”.
96	96	66 SECTION 8. Said section 13A of said chapter 22, as so appearing, is hereby further
97	97	67amended by striking out the words “building be changed to a”, in line 94, and inserting in place
98	98	68thereof the following words:- “building or facility be changed to a residential use or a”.
99	99	69 SECTION 9. Said section 13A of said chapter 22, as so appearing, is hereby further
100	100	70amended by inserting after the word “building”, in lines 95 and 96, in each instance, the
101	101	71following words:- “or facility”.
102	102	72 SECTION 10. Said section 13A of said chapter 22, as so appearing, is hereby further
103	103	73amended by striking out, in lines 102 and 103, the words “physically handicapped persons” and
104	104	74inserting in place thereof the following words:- “persons with a disability”. 5 of 7
105	105	75 SECTION 11. Said section 13A of said chapter 22, as amended by section 29 of chapter
106	106	7639 of the acts of 2021, is hereby further amended by striking out the eighth paragraph.
107	107	77 SECTION 12. Said section 13A of said chapter 22, as so appearing, is hereby further
108	108	78amended by striking out, in lines 131 and 132, the word “person” and inserting in place thereof
109	109	79the following words:- “building or facility, or portion thereof,”.
110	110	80 SECTION 13. Said section 13A of said chapter 22, as so appearing, is hereby further
111	111	81amended by inserting after the word “building”, in line 150, the second time it appears, the
112	112	82following words:- “or facility”.
113	113	83 SECTION 14. Said section 13A of said chapter 22, as so appearing, is hereby further
114	114	84amended by inserting after the word “building”, in line 166, as so appearing, the following
115	115	85word:- “, facility”.
116	116	86 SECTION 15. Said section 13A of said chapter 22, as so appearing, is hereby further
117	117	87amended by striking out, in lines 177, 179 and 187, the words “physically handicapped persons”
118	118	88and inserting in place thereof, in each instance, the following words:- “persons with a disability”.
119	119	89 SECTION 16. The fourteenth paragraph of said section 13A of said chapter 22, as so
120	120	90appearing, is hereby further amended by inserting after the definition of “Alteration”, the
121	121	91following definition:- ‘“Areas that are not generally in public use”, areas not intended for use by
122	122	92the public, as designated in the 1991 and 2010 ADA Standards for Accessible Design, and
123	123	93employee work areas’.
124	124	94 SECTION 17. The fourteenth paragraph of said section 13A of said chapter 22, as so
125	125	95appearing, is hereby further amended by inserting after the definition of “Construction” the 6 of 7
126	126	96following 3 definitions:- “Employee work area”, all or any portion of a space used only by
127	127	97employees and used only for work, including, but not limited to, corridors, toilet rooms,
128	128	98kitchenettes and break rooms if said areas constitute the path of travel to or are essential to the
129	129	99use of employees for work; provided, that all employee work areas shall be made accessible in
130	130	100new construction or where renovation work being performed is otherwise subject to the
131	131	101jurisdiction of the board. Corridors, toilet rooms, kitchenettes and break rooms shall not
132	132	102otherwise be considered employee work areas; provided however, that where corridors, toilet
133	133	103rooms, kitchenettes and break rooms constitute the path of travel to or are essential to the use of
134	134	104employees for work, they shall be, when possible, adaptable. “Facility”, all or any portion of a
135	135	105building, structure, site improvement, complex, equipment, road, walk, passageway, parking lot
136	136	106or other real or personal property, including the site where the building, property, structure or
137	137	107equipment is located. “Gut rehabilitation”, the general replacement of the interior of a building
138	138	108that may or may not include changes to structural elements such as flooring systems, columns or
139	139	109load bearing interior or exterior walls.
140	140	110 SECTION 18. Said section 13A of said chapter 22, as so appearing, is hereby further
141	141	111amended by striking out, in line 200, the words “Physically handicapped person” and inserting in
142	142	112place thereof the following words:- “Person with a disability”.
143	143	113 SECTION 19. Said section 13A of said chapter 22, as so appearing, is hereby further
144	144	114amended by striking out, in line 204, the words “Physically handicapped persons” and inserting
145	145	115in place thereof the following words:- “A person with a disability”.
146	146	116 SECTION 20. Said section 13A of said chapter 22, as so appearing, is hereby further
147	147	117amended by striking out the definition of “Public building”, in lines 209 through 226, inclusive, 7 of 7
148	148	118and inserting in place thereof the following definition:- “Public building”, (i) a building
149	149	119constructed by the commonwealth or any political subdivision thereof with public funds and
150	150	120open to public use, including, but not limited to, a building constructed by a public housing
151	151	121authority, the Massachusetts Port Authority, the Massachusetts Parking Authority, the
152	152	122Massachusetts Department of Transportation, the Massachusetts Bay Transportation Authority or
153	153	123a building authority of any public educational institution, or their successors; or (ii) a privately
154	154	124financed building that is open to and used by the public, including, but not limited to, places of
155	155	125public accommodation listed in section 92A of chapter 272, and 42 U.S.C. section 12181(7).