Section 3.3 - EXISTING BUILDINGSAll 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 anda. if the work costs less than $100,000, then only the work being performed is required to comply with 521 CMR orb. 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.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 (see521 CMR 5.38) 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.