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Architectural Access Board (521 CMR) Variance: Boston restaurant guide

Massachusetts Architectural Access Board

What it is

521 CMR is the state accessibility code that applies to restaurants; ISD enforces it in plan review. If full compliance is impracticable (a historic entrance, no room for an accessible restroom), you petition the AAB for a variance.

When a restaurant needs it

Only when your architect finds a 521 CMR requirement you cannot meet. Thresholds: work under $100,000 and under 30% of the building's assessed value — only the work itself must comply; $100,000 or more — add an accessible entrance, toilet room and route; 30% or more of assessed value — the whole building must comply.

How to apply

Email the AAB variance application (current version only, from May 1, 2026) with plans and photos to the AAB, serve copies on ISD, the Boston Disability Commission and the regional Independent Living Center, and mail the $50 fee.

Documents you’ll need

Fee
$50 filing fee by check or money order
Processing time
Varies; hearings are scheduled by the Board
Renewal
None
Who files
The owner or tenant files, usually prepared by the architect.

Good to know

An incomplete Service Notice gets the application rejected. The ADA still applies separately (federal), so a state variance doesn't end your federal obligations.

Official source

MA Architectural Access Board · AAB — Application for Variance (PDF)

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Last reviewed 2026-10-06. Guidance only, not legal advice.