Code of Massachusetts Regulations
521 CMR - Architectural Access Board
Title 521 CMR 3 - Jurisdiction
Section 3.3 - EXISTING BUILDINGS
Current through Register 1531, September 27, 2024
All additions to, reconstruction, remodeling, and alterations or repairs of exist ing public buildings or facilities, which require a building permit or which are so defined by a state or local inspector, shall be governed by all applicable subsections in 521 CMR 3.00: JURISDICTION.
For specific applicability of 521 CMR to existing multiple dwellings undergoing renovations, see 521 CMR 9.2.1
3.3.1 If the work being performed amounts to less than 30% of the full and fair cash value of the building and
Exception: General maintenance and on-going upkeep of existing, underground transit facilities will not trigger the requirement for an accessible entrance and toilet unless the cost of the work exceeds $500,000 or unless work is being performed on the entrance or toilet.
Exception: Whether performed alone or in combination with each other, the following types of alterations are not subject to 521 CMR 3.3.1, unless the cost of the work exceeds $500,000 or unless work is being performed on the entrance or toilet. (When performing exempted work, a memo stating the exempted work and its costs must be filed with the permit application or a separate building permit must be obtained.)
3.3.2 If the work performed, including the exempted work, amounts to 30% or more of the full and fair cash value (see 521 CMR 5.38) of the building the entire building is required to comply with 521 CMR.
3.3.3 Alterations by a tenant do not trigger the requirements of 521 CMR 3.3.1b and 3.3.2 for other tenants. However, alterations, reconstruction, remodeling, repairs, construction, and changes in use falling within 521 CMR 3.3.1b and 3.3.2, will trigger compliance with 521 CMR in areas of public use, for the owner of the building.
3.3.4 No alteration shall be undertaken which decreases or has the effect of decreasing accessibility or usability of a building or facility below the requirements for new construction.
3.3.5 If alterations of single elements, when considered together, amount to an alteration of a room or space in a building or facility, that space shall be made accessible.
3.3.6 No alteration of an existing element, space, or area of a building or facility shall impose a requirement for greater accessibility than that which would be required for new construction.