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31A-076 AAB 521 CMRSummary Regulations Existing Buildings 521 CMR: ARCHITECTURAL ACCESS BOARD 1/27/06 521 CMR - 9 521 CMR 3.00: JURISDICTION 3.1 SCOPE All work performed on public buildings or facilities (see 521 CMR 5.00: DEFINITIONS), including construction, reconstruction, alterations, remodeling, additions, and changes of use shall conform to 521 CMR. 3.1.1 To determine the scope of compliance, refer to 521 CMR 3.2, New Construction and 521 CMR 3.3, Existing Buildings. In the absence of jurisdiction by 521 CMR, 780 CMR: the State Building Code may apply. 3.2 NEW CONSTRUCTION All new construction of public buildings/facilities shall comply fully with 521 CMR. 3.3 EXISTING BUILDINGS All additions to, reconstruction, remodeling, and alterations or repairs of existing 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 a. if the work costs less than $100,000, then only the work being performed is required to comply with 521 CMR or b. if the work costs $100,000 or more, then the work being performed is required to comply with 521 CMR. In addition, an accessible public entrance and an accessible toilet room, telephone, drinking fountain (if toilets, telephones and drinking fountains are provided) shall also be provided in compliance with 521 CMR. 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.) a. Curb Cuts: The construction of curb cuts shall comply with 521 CMR 21.00: CURB CUTS. 521 CMR: ARCHITECTURAL ACCESS BOARD 1/27/06 521 CMR - 10 3.00: JURISDICTION b. Alteration work which is limited solely to electrical mechanical, or plumbing systems; to abatement of hazardous materials; or retrofit of automatic sprinklers and does not involve the alteration of any elements or spaces required to be accessible under 521 CMR. Where electrical outlets and controls are altered, they must comply with 521 CMR. c. Roof repair or replacement, window repair or replacement, repointing and masonry repair work. d. Work relating to septic system repairs, (including Title V, 310 CMR 15.00, improvements) site utilities and landscaping. 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 5.00) of the building the entire building is required to comply with 521 CMR. a. Where the cost of constructing an addition to a building amounts to 30% or more of the full and fair cash value of the existing building, both the addition and the existing building must be fully accessible. 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. 3.4 CHANGE IN USE When the use of a building changes from a private use to one that is open to and used by the public, an accessible entrance must be provided, even if no work is being performed. When a portion of a building changes use from a private use to one that is open to and used by the public, then an accessible route must be provided from an accessible entrance even if no work is being performed. 3.4.1 RESERVED FOR FUTURE ACTION: Changes in use, from private to public, in private residential homes where no work is being performed. 3.5 WORK PERFORMED OVER TIME When the work performed on a building is divided into separate phases or projects or is under separate building permits, the total cost of such work in any 36 month period shall be added together in applying 521 CMR 3.3, Existing Buildings. AAB 521 CMR 5.0 Definitions FULL AND FAIR CASH VALUE OF THE BUILDING: The assessed valuation of a building (not including the land) as recorded in the Assessor's Office of the municipality at the time the building permit is issued as equalized at 100% valuation. The 100% equalized assessed value shall be based upon Massachusetts Department of Revenue's determination of the particular city's or town's assessment ratio. EXAMPLE: Town X has an assessment ratio of 40%, the particular building in question is assessed at $200,000.00. To determine the equalized assessed value of this building, divide $200,000.00 by 0.4. The equalized assessed value equals $500,000.00. EXCEPTIONS: a. If no assessed value exists, or the assessed value is more than three years old, a request to substitute the appraised value may be submitted to the Board. The request to use the appraised value must be submitted by a certified appraiser or for transit facilities, either a certified appraiser or an independent registered professional engineer and must be submitted prior to obtaining a building permit for the project. b. The value of multiple dwellings owned or financed by public sector agencies, local housing authorities, Massachusetts Housing Finance Agency, or the Department of Housing and Urban Development shall be determined by replacement cost. c. The value of buildings owned, constructed, or renovated by the Commonwealth of Massachusetts shall be determined by the replacement cost.