W. Newbury, Mass., Bd. of Selectmen, Lodging House Regs. (2016) § Lodging House Regs
Lodging House Regulations: 4 Lodgers and Over
Operative Text
Town of West Newbury
Massachusetts
Lodging House Regulations
Authority and Scope: The following lodging house regulations have been adopted by the
Board of Selectmen (“Board”), the licensing authority for the Town of West Newbury pursuant
to the provisions of Massachusetts General Laws (M.G.L.”), Chapter 140. Any and all licenses
issued by the Board shall be governed by, and subject to the licensee’s compliance with all
applicable federal, state and local laws, regulations, and by-laws, including by not limited to the
M.G.L, these regulations, the Town of West Newbury By-Laws and Zoning By-Laws, all
applicable building, fire prevention, health and sanitary codes, and any conditions that the Board
imposed on specific licenses. Where there is a conflict between these regulations and a condition
on the license, the condition shall govern unless it is inconsistent with the law. The Board
reserves the right to modify and supplement these regulations and the conditions on any license
after due notice and hearing.
Definitions:
Lodging House: Every dwelling or part thereof which contains one or more rooming units in
which space is let or sublet for compensation by the license, owner or operator to four or more
persons not within the second degree of kindred to the person compensated. The term lodging
house shall include: boarding houses, rooming houses, inn, bed and breakfast establishments,
dormitories, fraternity houses, any property or equipment used for dwelling purposes such as a
vehicle or vessel that is and other similar dwelling places.
Lodger: A lodger is any person residing in a rooming unit including any person listed as a
lodger on any lease or occupancy agreement for said unit.
Rooming Unit: The room or group of rooms let to an individual or household for use a living
and sleeping quarters.
Licensee: That person(s) or entity listed on the lodging house license and the owners of the
land and building where the lodging house is operated.
Application for a New or Renewed License: All applications for a new or renewed license
shall be made on the form attached hereto as Appendix A for which the Board reserves the right
to change or modify. All applications must contain complete and truthful information.
Submission of an application containing false information shall be cause for refusing the
application or suspending, cancelling or revoking the license already granted. No application
shall be accepted by the Board unless it is complete. Annual license fees shall be payable
immediately upon approval of the license by the Board. Filing fees are non-refundable once an
application has been accepted by the Board. License fees shall not be prorated and are not
refundable.
No person or entity shall obtain or renew a license unless the applicant can demonstrate proof of
a legal right to the licensed premises for the term of license and authority from the record owner.
There shall be an application fee in an amount established by the Board and set forth on
Appendix A hereof. The fee for the License shall be $50.00.
1. In determining whether or not to grant a new license, the Board shall consider matters
bearing on health, safety and welfare of the property and the surrounding areas. The
number of lodging rooms shall not exceed the number of bedrooms permitted by the Title
V Sanitary Septic System servicing the premises. (the bedroom or bedrooms occupied the
applicant shall be subtracted from the number of bedrooms available to be lodging rooms
hereunder). Maximum number of lodgers are not to exceed (2) two per bedroom. There
shall be adequate on-site parking available for all lodging rooms. No functions or other
large gatherings shall be permitted on the site. In the event that the proposed lodging
house is serviced by well water, there shall be a determination from the Board of Health
that the water service is adequate. The failure to comply with any federal, state or local
law, regulation or bylaw shall be cause for denial or the application or non-renewal of
any previous licenses. This includes, but is not limited to, the Town Zoning Bylaw, State
and local health codes, the State Building Code and the State Fire Code.
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Prior to the issuance of any license, the Board shall seek advisory reports from the Police
Department, Fire Department, Health Department, Inspections Department and any other
applicable Town official. Applicants shall permit inspections of the property at any time.
Registers: The licensee of every lodging house shall keep, in permanent form a register. Such
register shall contain the name and last residence of every person occupying a lodging room.
Said register shall be in a form proscribed by the Board and shall be maintained for a minimum
of two years. Until the entry of such name and the record of the room have been made, such
person shall not be allowed to occupy privately any room upon the licensed premises. In
addition, the licensee shall keep a file containing current information on each lodger including
full name, the time of registration, room number, address, state of car registration and license
plate number. These records shall be available for inspection at all times by any town official.
Town Inspections: Town inspections shall be made on an annual basis by authorized
inspectional departments to determine compliance with applicable state and local laws,
regulations and codes. In addition, inspections may be made at any other times to investigate
complaints or non-compliance issues.
Standards: All lodging houses shall comply with the requirements of Article II of the State
Sanitary Code, Minimum Standards of Fitness for Human Habitation, which is incorporated
herein by reference, and with the requirements of these regulations, whenever these are in
addition to or more stringent than the requirements of Article II of said Code.
Storage, Collection and Disposal of Waste: The Licensee shall comply with the Town of
West Newbury Board of Health waste requirements, including but not limited to the limitations
on the amount of waste that is placed for collections weekly. Any waste in excess of the amount
permitted to be set out from collection by the Board of Health shall be disposed of by the
Licensee at his sole cost and expense. The Licensee shall provide watertight, rodent-proof
receptacles with tight fitting covers. Any receptacles placed for collection shall not be curbside
prior to 4:30 PM on the day preceding collection.
Fire Safety Plans: Each application shall address and identify all plans for fire safety and
compliance with fire safety codes including but not limited to smoke detectors, carbon monoxide
detectors, egress facilities, signage, emergency lighting and fire extinguishers. All should be
discussed and approved by the West Newbury Fire Department.
Certificates of Inspection: Prior to the issuance of any license or renewal of any license, the
Applicant shall supply the Licensing Authority with a Certificate of Inspection signed off by the
Inspector of Buildings, the Health Department and the Fire Department signifying compliance
with State and Local Codes and Regulations, these Regulations and any license conditions.
Applications for Renewal: All licenses shall be issued on an annual basis with a term of
January 1 to December 31. All applications for renewal shall be submitted by November 15 of
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the year preceding the renewal year. All Certificates of Inspections shall be submitted no later
than December 1 of the year preceding the renewal year.
Severability of Provisions: The invalidity, if so declared by a court of competent jurisdiction,
of any provision of these regulations shall not affect the validity of the remainder of them.
Penalty: Whoever refuses, neglects or fails to comply with any of these regulations shall be
subject to license suspension, license revocation or to a fine not to exceed $300.00 for each
violation, and to the penalties imposed by Massachusetts General Laws. Chapter 140 Section 22
et seq., where applicable and such other statutes; the State Sanitary Code. Fire Code, Building
Code and all other regulations and fines applicable to the particular violation. Each other
municipal department retains the right and remedy to impose fines or other sanctions in
accordance with their respective authorities.
Approved on September 6, 2016 by
Joseph H. Anderson, Jr., Chairman
Glenn A. Kemper
David W. Archibald
BOARD OF SELECTMEN
Page 4 of 4Under the Lodging House Regulations adopted by the West Newbury Board of Selectmen (W. Newbury, Mass., Bd. of Selectmen, Lodging House Regulations § Lodging House Regs), any dwelling that rents space to four or more unrelated persons qualifies as a lodging house and must be licensed annually by the Board. The regulations set out requirements covering occupancy limits, record-keeping, fire safety, waste disposal, and inspections, all of which must be satisfied before a license is issued or renewed. Licenses run on a calendar-year basis, and compliance with applicable federal, state, and local codes is a condition of holding a valid license.
Plain English — not legal advice.
Operators of lodging houses subject to the West Newbury Lodging House Regulations § Lodging House Regs generally submit a complete renewal application by November 15 and provide Certificates of Inspection from the Building Inspector, Health Department, and Fire Department by December 1 each year. Compliant operators maintain a permanent register of all lodgers—including names, room numbers, and vehicle information—available for inspection by town officials at any time, and they ensure occupancy does not exceed two lodgers per bedroom as constrained by the Title V septic system capacity. Failure to meet any of these requirements can result in license denial, suspension, or revocation, as well as fines of up to $300 per violation under the penalty provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Persons residing in a West Newbury lodging house are protected by the standards set out in the Lodging House Regulations § Lodging House Regs, which require the property to meet state and local health, fire, and building codes as a condition of the operator's license. If conditions at a lodging house appear to fall short of those standards—such as inadequate fire safety equipment or sanitary issues—tenants may contact the West Newbury Health Department, Fire Department, or Inspections Department, which are authorized to investigate complaints and conduct unscheduled inspections. Tenant-rights organizations and legal aid services can help residents understand how these regulations interact with their occupancy agreements and what options may be available to them.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 11, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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