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
- AAB Application for Variance
- Plans and photos of the non-compliant condition
- Cost estimates for compliance
- Completed Service Notice (ISD, Boston Disability Commission, Independent Living Center)
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)
Answer a few questions about your space and get every permit in order, with a timeline, a cost range, walkthroughs, and every application filled in for you to sign with Open.
Last reviewed 2026-10-06. Guidance only, not legal advice.