The Commonwealth of Massachusetts
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PETITION OF:
Elizabeth A. Malia
William Allan
Frank I. Smizik
John W. Scibak
Pam Richardson
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In the Year Two Thousand and Seven.
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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. Section 13A of chapter 22 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out after the word “governor”, in lines 6 through 13 inclusive, the words: “in consultation with the secretary of the executive office of public safety from lists submitted by the director of the Massachusetts office on disability. Three of the appointive members shall be selected after consultation with advocacy groups in behalf of the physically handicapped. The governor, the secretary, and the director shall exercise their best efforts to ensure that at least two of the appointive members shall be registered architects licensed to practice in the commonwealth” and inserting in place thereof the following:-
“One of whom shall be a licensed building inspector, selected from the Massachusetts Federation of Building Officials, one of whom shall be a member of the Boston society of architects, and one of whom shall be a member of the Western Massachusetts chapter of the American Institute of Architects; and three members representing the interests of persons with disabilities and recommended by the director of the Massachusetts office on disability.”
SECTION 2. Section 13A of chapter 22 of the General Laws, as so appearing, is hereby amended by striking out after the word “make”, in line 37, the words “public buildings accessible to, functional for, and safe for use by physically handicapped persons” and inserting in place thereof the following:-“buildings, including areas that are not generally in public use pursuant to the Americans with Disabilities Act Accessibility Guidelines, 36 CFR section 1191.1, accessible to, functional for, and safe for use by persons with disabilities.”
SECTION 3. Section 13A of chapter 22 of the General Laws, as so appearing, is hereby amended by inserting after the word “buildings”, in line 62, the following words:- and facilities.
SECTION 4. Section 13A of chapter 22 of the General Laws, as so appearing, is hereby amended by inserting after the word “buildings”, in line 69, the following words:- and facilities.
SECTION 5. Section 13A of chapter 22 of the General Laws, as so appearing, is hereby amended by inserting after the word “building”, in line 86, the following words:- or facility.
SECTION 6. Section 13A of chapter 22 of the General Laws, as so appearing, is hereby amended by inserting after the word “building”, in line 87, the following words:- or facility.
SECTION 7. Section 13A of chapter 22 of the General Laws, as so appearing, is hereby amended by inserting after the word “building”, in line 88, the following words:- or facility.
SECTION 8. Section 13A of chapter 22 of the General Laws, as so appearing, is hereby amended by inserting after the word “building”, in line 89, the following words:- or facility.
SECTION 9. Section 13A of chapter 22 of the General Laws, as so appearing, is hereby amended by inserting after the word “building”, in line 154, the following word:- facility.
SECTION 10. Section 13A of chapter 22 of the General Laws, as so appearing, is hereby amended by inserting after the twentieth paragraph, in line 183, the following paragraph:-
“Facility”, all or any portion of buildings, structures, site improvements, complexes, equipment, roads, walks, passageways, parking lots, or other real or personal property, including the site where the building, property, structure or equipment is located.
The Language in Chapter 22 Section 13A regarding handicapped parking has to be changed to reflect the ADA requirements, currently MGL Chapter 22 Section 13a calls for handicapped parking when 15 or more parking spaces are provided. The ADA requires that when you have 1 space for public use it must be accessible. Our regulations (521 CMR) and statutory authority (Chapter 22 Section 13A) cannot be less stringent than ADA.