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CHAPTER I: GENERAL PROVISIONS
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CHAPTER III: ACQUISITION AND DISPOSITION OF PROPERTY
CHAPTER IV: CONTRACTS
CHAPTER V: ADMINISTRATION
CHAPTER VI: GENERAL SERVICES
CHAPTER VII: ENVIRONMENTAL PROTECTION
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CHAPTER XIV: LICENSING AND CONSUMER BOARDS, COMMITTEES AND OFFICERS
CHAPTER XV: DIVISIONS OF THE MAYOR’S OFFICE
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CHAPTER XIX: SCHOOLS
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CHAPTER XXI: MISCELLANEOUS PUBLIC BUILDINGS
CHAPTER XXII: SUFFOLK COUNTY
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CHAPTER XXIV: BOSTON JOBS, LIVING WAGE AND PREVAILING WAGE ORDINANCE
PARALLEL REFERENCES
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21-4   PUBLIC BUILDINGS; ACCESSIBILITY FOR PHYSICALLY HANDICAPPED.
21-4.1   Definitions.
   For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ABB. The Architectural Barriers Board of the commonwealth’s Department of Public Safety.
   ABB RULES. The rules and regulations of the ABB, as may be amended from time to time.
   ADVISORY OPINION. Written advisory opinion:
      (1)   Requested by an owner under Subsection 21-4.3;
      (2)   Issued by the Commission under Subsection 21-4.7; and
      (3)   Regarding compliance of a proposed significant change with the ABB rules.
   AMENDMENTS. Amendments filed under Section 105 of the Basic Code, as may be amended from time to time.
   APPLICATION. Application for a permit filed under Section 105 of the Basic Code, as may be amended from time to time.
   BASIC CODE. The commonwealth’s Building Code, being 780 CMR, as may be amended from time to time.
   BUILDING DEPARTMENT. The Boston Building Department.
   COMMISSION. The Boston Commission on the Physically Handicapped.
   COMPLAINT. Written complaint of noncompliance with the ABB rules:
      (1)   Transmitted to the ABB;
      (2)   In the form which the ABB may, from time to time, proscribe; and
      (3)   Which, pursuant to M.G.L. Chapter 22, Section 13A, the ABB must:
         (a)   Investigate;
         (b)   Act upon as necessary; and
         (c)   Within 60 days of complaint receipt, give notice in writing to the complaining party of its actions or proposed actions.
   OWNER. An owner as defined under Section 202 of the Basic Code, being 780 CMR, as may be amended from time to time, who in Boston:
      (1)   Owns a public building; or
      (2)   Proposes a significant change that will result in the creation of a public building.
   PERMIT. As defined under Section 114 of the Basic Code, being 780 CMR, as may be amended from time to time.
   PHYSICALLY HANDICAPPED PERSON. As defined under Section 4.10 of the ABB rules, as may be amended from time to time.
   PLANS AND SPECIFICATIONS. Plans and specifications filed under Section 113 of the Basic Code, as may be amended from time to time.
   PUBLIC BUILDING. As defined under Section 4.11 of the ABB rules, as may be amended from time to time.
   SIGNIFICANT CHANGE. An activity:
      (1)   Excluding demolition or removal;
      (2)   Costing over $1,000; and
      (3)   For which an owner must file a permit application under Section 113 of the Basic Code, as may be amended from time to time.
(Ord 1979 c. 40 § 1; CBC 1985 21-4.1)
Editor’s note:
   The Building Department and the Housing Inspection Department were abolished and all powers and duties transferred to the Inspectional Services Department by Ch. 19 of the Ordinances of 1981 (Section 9-9 of this Code).
21-4.2   Commission to Issue Advisory Opinion on Compliance with the ABB Rules.
   (A)   Any owner who proposes to make a significant change shall, under Subsection 21-4.3, request an advisory opinion from the Commission regarding compliance of the proposed change with the ABB rules.
   (B)   The Commission shall issue an advisory opinion, under Subsection 21-4.7, and shall transmit this opinion to the ABB, the owner and the Building Department. If noncompliance is found, this opinion shall be in the form of a complaint.
(Ord. 1979 c. 40 § 2; CBC 1985 21-4.2)
21-4.3   Filing of Request for Commission Advisory Opinion.
   (A)   An owner who proposes to make a significant change shall file a request for an advisory opinion from the Commission.
   (B)   The owner’s request shall include:
      (1)   At least one copy of the following items actually submitted, or to be submitted, to the Building Department:
         (a)   Application;
         (b)   Plans and specifications; and
         (c)   Any other information that the Building Department requires accompany an application for the proposed significant change.
      (2)   Any other information the owner deems pertinent.
   (C)   The owner shall file his or her request for an advisory opinion no more than three workdays after filing an application for the significant change with the Building Department. The owner may submit his or her request before filing an application.
   (D)   Upon filing a request, the owner shall pay the Commission a processing fee of $25.
   (E)   The Commission shall issue a receipt to the owner filing a request. The owner shall submit this receipt to the Building Department.
(Ord. 1979 c. 40 § 3; CBC 1985 21-4.3) Penalty, see Subsection 21-4.9
21-4.4   Filing of Supplementary Information.
   (A)   If, after filing a request for an advisory opinion, the owner files with the Building Department:
      (1)   Amendments;
      (2)   Any other information, whether or not required by the Building Department regarding the proposed significant change; or
      (3)   The owner shall, no more than three working days after filing this information with the Building Department, file a copy of this supplemental information with the Commission.
   (B)   After filing a request for an advisory opinion, the owner may also submit to the Commission supplemental information not submitted to the Building Department.
   (C)   The Commission may not charge a fee for processing supplemental information received under this Subsection.
(Ord. 1979 c. 40 § 4; CBC 1985 21-4.4) Penalty, see Subsection 21-4.9
21-4.5   Site for Filing Requests and Supplemental Information.
   The Commission shall establish a site for the filing of advisory opinion requests and supplemental information under Subsections 21-4.3 and 21-4.4.
(Ord. 1979 c. 40 § 5; CBC 1985 21-4.5)
21-4.6   Responsibilities of the Building Department.
   (A)   At all sites where the Building Department takes applications, the Department shall post conspicuous notices informing owners of their responsibilities under Subsections 21-4.3 and 21-4.4.
   (B)   The Building Department may not issue a permit to an owner until the owner submits a receipt from the Commission as required under Subsection 21-4.3(E).
   (C)   Neither failure of the Building Department to post notices as required under division (A) above; nor issuance of permits by the Department in violation of division (B) above will relieve owners of their responsibilities under Subsections 21-4.3 and 21-4.4.
(Ord. 1979 c. 40 § 6; CBC 1985 21-4.6)
21-4.7   Issuance of Advisory Opinions.
   (A)   Within 14 workdays of receipt of a request for an advisory opinion, the Commission shall issue its advisory opinion. However, if prior to issuance the Commission receives supplemental information under Subsection 21-4.4, the Commission may delay issuance of this advisory opinion until 14 days after receipt of this supplemental information.
   (B)   If, after issuance of this advisory opinion, the Commission receives supplemental information under Subsection 21-4.4, the Commission may issue an additional advisory opinion.
   (C)   The Commission’s advisory opinion, whether issued under divisions (A) or (B) above shall contain its finding that the proposed significant change:
      (1)   Complies with ABB rules;
      (2)   Does not comply with ABB rules; or
      (3)   Does not comply with the ABB rules, but advises that the significant change may qualify for a variance under Section 3 of the ABB rules as may be amended from time to time.
   (D)   If the Commission makes a finding under either division (C)(2) or (C)(3) above, it shall:
      (1)   Include in its advisory opinion an explanation of the grounds for this finding; and
      (2)   Conform its advisory opinion to the form of a complaint.
   (E)   In addition to the other requirements of this Subsection, the Commission may include in its advisory opinion any other information or comments which it deems pertinent.
   (F)   At the time of issuance, the Commission shall transmit a copy of its advisory opinion to:
      (1)   The ABB;
      (2)   The owner requesting the opinion; and
      (3)   The Building Department.
(Ord. 1979 c. 40 § 7; CBC 1985 21-4.7)
21-4.8   Annual Report.
   (A)   By November 1 of each year, for the fiscal year just concluded, the Commission shall compile and submit to the Boston City Council a written report describing the Commission’s activities under this Section.
   (B)   The Commission shall include in its report:
      (1)   A list of requests for advisory opinions received;
      (2)   A summary of the finding in the advisory opinions issued for each request;
      (3)   A description of the inducted actions taken by the ABB if compiled; and
      (4)   Other information which the Commission deems pertinent.
(Ord. 1979 c. 40 § 8; CBC 1985 21-4.8)
21-4.9   Penalty.
   An owner who violates Subsections 21-4.3 or 21-4.4 shall be punished by a fine not exceeding $200.
(Ord. 1979 c. 40 § 9; CBC 1985 21-4.9)
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