How MOD can help
MOD can provide a range of supports depending on the specifics of the situation:
- If you are trying to work out whether a property is compliant with access regulations, you can ask us to look up the property card, identify which version of the accessibility regulations apply and/or whether the regulations address the issue. If there appears to be a compliance issue, MOD will tell you what your avenues are for addressing it. You will need to provide the address of the property and it often helps if you can provide a picture that shows the access barrier.
- If there are no access regulations that address the access barrier you are facing, MOD can provide a consultation to analyze your situation using civil rights laws. We can provide guidance on using the reasonable accommodation/modification process and can support you in drafting good wording for a request.
- MOD can provide information on your recourse options to try to resolve an accessibility issues, both in terms of practical steps you can consider taking and in terms of filing a formal complaint.
- For local accessibility advocates, MOD can provide training on how to survey properties open to the public (not residential buildings) for compliance with accessibility regulations (CAM training and advanced CAM training).
- For municipal government (cities and towns), MOD can perform site visits to check municipal buildings and streetscapes comply with accessibility regulations.
To request any of these supports, contact MOD giving use a quick summary of the issue and what support you are looking for.
Specific scenario: Parking
Parking for the public
The ADA and MAAB both impose regulations on accessible parking in parking lots that are available to the general public (ex. store customers, visitors to residential housing, hospital/office clients).
All public-serving parking lots (with the exception of valet parking) should have accessible spaces for vehicles with proper identification.
See Disability Parking Regulations.
Residential housing parking
Any parking lot in residential housing that is available to visitors needs to follow the requirements for public-serving parking lots.
If a parking lot is only available to residents (it may require an access card, sticker or there may be signs "saying residents only") then the requirements for public-serving parking do not apply. However the housing provider does have obligations towards the residents with access needs. They must provide reasonable accommodations requested by residents, which could include having an reserved spot with the accessibility features they need. See disability rights in housing.
Employee parking
Parking lots for employees (built or altered as of 1/26/92) must also have accessible spaces. If an employee with a disability needs an accommodation for parking, they should request it of the employer. See disability rights in employment.
Specific scenario: Elevator outages in housing
Elevators are key access components for residents who are unable to use stairs. Housing providers are obligated to maintain and repair elevators. Whether outages are planned or unplanned, the elevator can be out of use for days. As with any sort of emergency planning, good planning and communication can minimize the disruptive impact of an elevator outage. When there is an outage, housing providers have a responsibility to make reasonable changes to normal policies, practices, and procedures for residents who are unable to walk up and down stairs for a disability-related reason. Read MOD's technical guidance on elevator outages.
Specific scenario: Snow removal
Timely and thorough snow clearing of all sidewalks and accessible routes is essential for supporting people’s safety and independence. For individuals with mobility impairments, inadequate snow removal can create significant obstacles, making it difficult to navigate icy sidewalks, ramps, or crosswalks. This can limit access to essential services and reduce independence. Physical accessibility laws and regulations still apply after a snowfall. Snow removal can be the responsibility of a municipality, business, homeowner, or renter, depending on the circumstances and local ordinances. Learn more about snow removal and accessibility in Massachusetts.
Regulations, laws and enforcement
Which regulations and laws apply?
Which laws and regulations apply in a situation will depend on the function of the structure (e.g. residential housing, business serving the public) and the date significant changes to the structure were last made. Regulations detailing accessibility features and specifications are updated periodically so there are multiple versions. A building needs to comply with the version that was current on the date the building was built or last substantially renovated.
Note: that not every building has to meet physical accessibility regulations: some may be too old, others may have been granted variances. However civil rights laws apply regardless of the building's age.
Below is a list of the main regulations and laws as well information on who you can turn to for enforcement.
Federal Americans with Disabilities Act
Accessibility Standards
The Americans with Disabilities Act (ADA) Standards came into effect in 2012 and specify minimum accessibility guidelines for new construction and alterations of facilities covered by the Americans with Disabilities Act (ADA) titles II (state and local government) and III (entities serving the public). It has specific sections applying to particular areas, e.g. swimming pools, correctional facilities, sales and service areas and sections regarding particular features, e.g. accessible routes, elevators, doors, fire alarms.
The US Access Board provides guidance on the ADA Standards.
Other obligations under the ADA
The ADA also requires organizations serving the public to proactively perform readily achievable barrier removal and to reactively grant reasonable accommodations requested by individuals facing barriers to access.
The Department of Justice enforces the ADA, including the ADA Standards.
Federal Architectural Barriers Act
The Architectural Barriers Act of 1968 (ABA) specifies federal standards for physical accessibility for all buildings and facilities that are designed, constructed or altered with federal funds, or leased by a federal agency. Examples of covered facilities include U.S. post offices, Veterans Affairs medical facilities, national parks, Social Security Administration offices, federal office buildings, U.S. courthouses, and federal prisons.
The US Access Board enforces the ABA through the investigation of complaints.
Federal Fair Housing Act
The Fair Housing Act (FHA) covers multifamily dwellings in buildings that have four or more units. This includes housing for rental or sale and applies whether the housing is privately or publicly funded. It includes condominiums and apartment buildings, time-shares, dormitories, transitional housing and homeless shelters that are used as a residence, student housing and assisted living housing. It applies to housing that was designed or constructed for first occupancy after March 13, 1991.
The accessibility requirements of the FHA apply to the ground floor units in buildings without an elevator and all units in buildings with an elevator. The design and construction requirements include accessible public and common use areas, doors that are wide enough to allow passage by people using wheelchairs, accessible routes into and through the units, accessible light switches, electrical outlets, and thermostats, reinforcements in bathroom walls for future installation of grab bars; and usable kitchens and bathrooms.
The US department of Housing and Urban Development (HUD) provides a number of references to help builders and architects comply:
- Fair Housing Accessibility Guidelines (1991)
- Question and Answer Supplement to the Guidelines (1994)
- Fair Housing Act Design Manual (1996) contains detailed illustrations and sample room designs.
- Joint Statement on Accessibility (Design & Construction) Requirements (2013)
- For more information on the requirements and the seven safe harbors for compliance with the Fair Housing , visit Fair Housing Accessibility FIRST
- For more information on reasonable modifications and accommodations under the Fair Housing Act, visit Reasonable Accommodations and Modifications.
HUD's Office of Fair Housing and Equal Opportunity (FHEO) enforces the FHA as well as other access laws. You can file a complaint with FHEO for housing discrimination.
State 521 CMR and the Massachusetts Architectural Access Board
Code of Massachusetts Regulations Title 521 (521 CMR) are regulations developed by The Massachusetts Architectural Access Board (MAAB) to make public buildings accessible to, functional for and safe for use by persons with disabilities. MAAB also decides on variance requests, provides training on its regulations, issues advisory opinions and makes decisions on complaints.
Local Building Inspectors are responsible for enforcing the regulations which are a specialized section of the Massachusetts Building Code. You may also file a complaint with the MAAB for violations of 521 CMR.
Massachusetts General Law 151B
Massachusetts General Law c. 151B §§4 (6) and (7) imposes similar obligations to accommodate as the Federal Fair Housing Act. Most public and private housing is covered under this law, with the exception of owner-occupied two-family dwellings. Additionally, public housing entities must finance reasonable modifications based on the needs of a person with a disability. Private housing with 10 or more units must also provide reasonable modifications at the expense of the owner.
MGL 151B is enforced by the Massachusetts Commission Against Discrimination.
Frequently Asked Questions
Do all buildings have to comply with accessibility regulations?
No. Organizations that serve the public, e.g. hospitals, accountants' offices, gyms, theme parks, town halls, have obligations to follow access codes that apply to the age of the building and to do readily achievable barrier removal. Housing and transport have particular access regulations and employment situations have civil rights obligations. However there may be situations where no regulation applies:
- the building is too old for an access code to apply
- the building has an approved variance to an access code
- the access barrier removal is too expensive or difficult to be readily achievable
- the building is not covered by any access regulations, e.g. it used exclusively by a religious organization or private club.
What buildings have to have automatic door openers?
While many housing developments and buildings that are open to the public do have automatic door openers, currently there is no requirement that all buildings provide automatic door openers. The specifications that make doors compliant under applicable codes/regulations consider hardware, door pressure, turning radius, etc. Having said that, automatic door openers are a really helpful feature that allow people with a variety of limitations the ability to open doors and that is why their use is so widespread. Unfortunately, even a door that is compliant with the applicable access codes still may not be accessible to every person with a disability. A person who cannot utilize a door that is otherwise compliant due to their disability related limitations can request an automatic door opener as a reasonable modification.
It is fairly common in the housing context for a resident with a disability to request that their housing provider install auto doors as a reasonable modification to their disability making the argument that they are unable to access their unit or amenities independently without it. In such a case it would be useful for the person to explain the specific difficulty they are having opening the door independently so that the housing provider can determine whether there are alternative options for modifying the door that would make it usable for the individual. For example, if the issue is that the door is heavy perhaps changing the pressure on the door or purchasing a door assist would offer an alternative solution to installing an automatic door opener. In some cases, there may not be any solution other than an auto door opener that would work for a particular individual. Whether the housing provider is obligated to install it depends on the specifics of the case, including whether the cost is an undue burden to the housing provider.
Do stores have to provide mobility scooters?
No. This is a service that some organizations provide as a courtesy to their customers.
Are there grants or loans available to help make structures more accessible?
For residences: MassAbility provides a useful listing of resources for funding to perform modifications to make a home more accessible to a person with a disability.
For municipal facilities: The Municipal ADA Improvement Grant can be applied to planning and capital improvement projects to improve physical accessibility at municipally owned facilities such as town libraries and playgrounds.
Contact
Phone
Leave a voicemail
| Last updated: | October 17, 2024 |
|---|