Mount Washington, Mass., Bd. of Health Reg. 300.00 (2024) § 300.00

300.00: Vacation and Short-Term Rental Regulations of the
                                  Mount Washington Board of Health
                                            Adopted September 26, 2024
                                                2 Plantain Pond Rd
                                             Mt Washington, MA 01258
300.001: Purpose
           The purpose of these regulations is to ensure minimum housing, health, safety and sanitary protection for
           individuals renting properties for the purpose of vacation or short-term use operating in the Town of Mount
           Washington and to further define any regulation set forth by the Commonwealth of Massachusetts.
300.02:   Authority
           The Mount Washington Board of Health adopts these rules and regulations under the Massachusetts General
           Law Chapter 111, Section 31, 132, 122A, 127, 143, 155, 187, 188: Code of Massachusetts Regulations (CMR)
           11.02 105 CMR 410.00, 430.00 460.00 and 320 CMR 15.00 and Massachusetts General Law Chapter 40,
           section 54. Case law upholds the board’s authority to adopt regulations that are more restrictive than state
           standards so long as the local regulations do not conflict with state law and are not specifically preempted.
300.003: Citation
          300.00 shall be known, and may be cited, as Mount Washington Board of Health Vacation and Short-Term Rental
          Regulations 300.00.
300.004: Definitions
          Agent: Means person or persons designated by the Mt Washington Board of Health to conduct inspections or
          act on their behalf when upholding Federal, State and local laws, regulations and policies.
          Application: Means a Vacation and Short-Term Rental Permit Application from the Mt Washington Board of
          Health.
          Board of Health: The Mt Washington Board of Health.
          Owner: A person who has legal or equitable title of a property. An Owner can also be referred to as the Operator,
          or the Host.
          Owner-Occupied: A unit is considered Owner-Occupied if the Owner occupies the dwelling unit on the same
          property as a dwelling unit to be used for Short-Term Rental, more than 26 weeks per calendar year. This can
          also be referred to as a Primary Residence.
          Potable Water: means water that meets the water quality standards as s defined in 105 CMR 410.180 and the
          Mt. Washington Board of Health Well Regulations .
          Regulation: means the Mt Washington Vacation and Short-Term Rental Regulations.
          Total Legal Occupancy: means two people per bedroom of a dwelling, as indicated by the septic system capacity
          of the dwelling unit.
          Vacation and Short-Term Rental: The rental of a room or unit, in an owner- occupied property as a primary
          residence, through the use of advanced reservations for a period of time not more than thirty-one (31)
          consecutive days. This can also be referred to as a Short- Term Rental.

300.005 Requirements
           1. No dwelling unit or part thereof may be offered as a Vacation or Short-Term Rental within the Town of Mt
               Washington unless it is Owner-Occupied and has been issued an annual permit from the Board of Health in
               accordance with this regulation.
           2. All Vacation and Short-Term Rentals must meet the following standards:
              a) They must be Registered with the Commonwealth of Massachusetts Department of Revenue in
                  accordance with applicable laws.
              b) The proposed application must be signed off by the Zoning Enforcement Officer, Fire Department and
                  Tax Officer.
              c) The Owner must be current with all local and state taxes.
              d) The Owner must comply with 105 CMR 460, including the Lead Law exemption for Short-Term Vacation
                  or Recreational Rentals.
              e) Rentals who have a swimming pool must follow “Recommendations for Minimum Health and Safety
                  Precautions” issued by the Department of Environmental Health.
              f) The Owner shall post the following in a conspicuous location in the Short Term Rental:
                  I.   The 24/7 contact phone number and email address of the Owner;
                 II.   The street address of the dwelling for emergency purposes;
                III.   The statement of, “Health and Safety Issues with this rental can be reported to the Mt Washington
                       Board of Health by emailing boardofhealth@townofmtwashington.com”.

         3. During Short-Term Rental Use:
             a) The use of the property shall not interfere with the use and enjoyment of surrounding properties by
                 reason of odor, dust, noise, traffic, lighting, accumulation of trash or debris, or vehicle parking, or in any
                 other manner.
             b) Occupancy is limited to the Total Legal Occupancy for the dwelling unit or property, which is 2 people
                 per legal bedroom.
             c) Owner shall provide guests guidance on how to protect the septic system.
300.06     Application Process
           1. Owner Application: The Owner shall apply for a Vacation and Short-Term Rental Permit with the Mt
              Washington Board of Health, that includes all of the following components, at least sixty (60) days prior to
              the anticipated start of rental:
              a. Completed and signed application and required attachments;
              b. Application fee as listed in the BOH fee schedule, payable to the Town of Mt Washington;
              c. The following items, based on whether it is an initial application or renewal:

                         Initial Application Packet Items                    Annual Renewal Application Items
                Evidence the Owner has begun the process of           Registration Certificate from the MA Dpt of
                registering with the MA Dpt of Revenue                Revenue
                Water quality testing results from the kitchen        Water quality testing results from the kitchen
                sink water, taken in the past year, that includes     sink water, taken in the past year, that includes
                tests for equivalent to the “Tri-Town Extra” test,    tests for Total Coliform/E. Coli and from a
                including Total Coliform/E. Coli, Nitrate, Nitrite,   laboratory certified by the MA Department of
                Sodium, Chloride, Manganese, Iron, Harness,           Environmental Protection.
                Turbidity, pH, Sulfate, Total Dissolved Solids and
                Lead from a laboratory certified by the MA
                Department of Environmental Protection.
                Septic Tank pumping report from licensed              Septic Tank pumping report from licensed
                septage hauler conducted in the last year.            septage hauler conducted in the last 3 years.

2. Initial BOH Review of Vacation and Short-Term Rental Application
                (a) The Board of Health Agent or Agent shall conduct an initial inspection of the property for
                    compliance with Chapter II of the State Sanitary Code (105 CMR 430.000) and these regulations.
                (b) The Board of Health shall review the completed application and supporting documents at their next
                    scheduled meeting.
                (c) Once approved by the Board of Health, the permit may be issued by the Board of Health or Agent
                    within 30 days.
             3. Annual Renewal of Vacation or Short-Term Rental Permit
                 a) Vacation and Short-Term Rentals must be re-licensed annually through the submission of a vacation
                     and complete and signed short-term rental application, supporting documentation and fees.
                 b) Vacation and Short-Term Rental renewals are subject to be inspected annually by the Board of
                     Health or their agent.
                 c) The Board of Health or their agent shall review applications and make a decision on whether to
                     issue the permit based on continued adherence to all applicable regulations. If there are complaints
                     or questions regarding compliance, then the agent shall ask the Board of Health to make a
                     determination on whether to renew the permit.
300.06         Variance

               Any variance sought by the Owner shall be in writing and include the item the Owner is asking for a
               variance for, an explanation of why the applicant is requesting a variance, and how the variance will
               provide an equal protection of public health and the abutters’ use of property. Abutters within 300’ of
               the subject property may be notified of the hearing date, time and location at least 5 days prior to the
               hearing. Any resulting variance shall be issued by the Board of Health shall be in writing and a copy of
               any such variance shall be available to the public at all reasonable hours in the office of the Board of
               Health.

300.07         Enforcement

               Any licensed Vacation and Short-Term Rental establishment who violates any of these rules and
               regulations shall be subject to loss of their license upon a hearing by the Board of Health.

               Any Vacation and Short-Term Rental operations that do not follow these regulations and/or are not
               licensed by the Board of Health of Mt. Washington, upon determination by the Board of Health, may be
               fined not less than $100.00 and not more than $500.00 per violation per day, except where otherwise
               provided by law.

300.08         Severability

               In the event that any section of MWBOH 300.00 is found to be invalid or unconstitutional, the remaining
               sections shall not be affected.

Adopted, September 26, 2024 by the Mt Washington Board of Health