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Short Term Rentals (less than 30 days) Such as Air BnB

RFDACM02

Bronze Member
Joined
Apr 7, 2015
Messages
50
Location
United States
We're struggling with a huge influx of Air BnB type units throughout our little tourist community. It looks to us as if the Life Safety Code is very clear when there's transient occupancy in multi-family, but in one and two family dwellings, it seems as if this industry has outpaces the Code. We're seeing large City's fight this, but anyone else doing this on a smaller community scale?

Right now we're drafting ordinances to require permitting and possible inspections, but again, this is mostly in one and two family dwellings, so that's been a real political nightmare, as it's viewed as regulating who does what in their house. This, even though we regulate in home businesses. The Air BnB and vacation rental crowd has some significant backing and networking to fight Code Officials nationwide.

Wondering how this is being handled outside of here?
 
because it might violate some zoning ordinance with increase traffic in residential neighborhoods the city council recently passed a requirement for short term business permits to basically collect additional tax revenue. Not a building code issue here.
 
mtlogcabin said:
What is an Air BnB?
Internet based way of renting rooms in your house or sub-letting an apartment. Basically allowing nightly rentals in residential occupancies, thereby letting the owner/renter make money but most often circumventing code requirements, licenses, occupancy classifications. On the positive side, it's a cheap way to go on vacation. We have a few people that rent apartments monthly just post them on Air BnB or VRBO (Vacation Rental By Owner) as nightly or weekly rentals. Problem is when you do this in a multi-family you turn it into Rooming and Lodging or Hotel. In one and two family dwellings it introduces transient accommodations to neighborhoods along with placing these people in houses that were not designed to protect transient occupants and rarely are fully compliant in the first place.
 
Francis Vineyard said:
because it might violate some zoning ordinance with increase traffic in residential neighborhoods the city council recently passed a requirement for short term business permits to basically collect additional tax revenue. Not a building code issue here.
Not really a building code issue here either, but it is a Life Safety Code issue. Sorry, maybe there's a better forum that address NFPA 101? I'm still a newb here.
 
RFDACM02 said:
Not really a building code issue here either, but it is a Life Safety Code issue. Sorry, maybe there's a better forum that address NFPA 101? I'm still a newb here.
Codes are codes

First your city needs to decide if they want to do anything with this business

Than decide what they want to do

And decide if they want to use any building/ 101 as part of the enforcement

It is and should not be a building / 101 issue only

And all this needs to be in writing by ordinance
 
Our small community is quickly drafting regulations to prohibit them after one here drew attention to itself by hosting a large raucous party.

I would expect to see revised zoning laws within the next 2-3 months, if you want to check back with me then.
 
What's the public interest in trying to regulate this? Why worry about them at all?

It's a house. If you have a house and you invite your parents to stay with you for a week, is that different than these str's? How about if you go on vacation for 2 weeks and a friend and his wife house-sit for you? Is that different? How? Should building, zoning, and/or life safety codes regulate whether your folks or your best buddy can stay in your house? If not, then why does that change if you charge a stranger a few bucks to do the same thing?

This isn't a typical home-based business, where you have issues with additional parking, traffic, customers, signs, lights, outdoor storage, noise, fumes, smoke, etc. This is letting someone borrow your house for a few days. If they have a party and disturb the neighbors, the cops will come and take care of it just as they would if you threw the party yourself. The ambulance service and fire department will respond to the same address if there's a call for them, and do their jobs just like they would if it were you in the house, right?

I'm honestly asking here, because I guess I don't understand. This sounds like a solution in search of a problem, to me.
 
JCraver said:
What's the public interest in trying to regulate this? Why worry about them at all?It's a house. If you have a house and you invite your parents to stay with you for a week, is that different than these str's? How about if you go on vacation for 2 weeks and a friend and his wife house-sit for you? Is that different? How? Should building, zoning, and/or life safety codes regulate whether your folks or your best buddy can stay in your house? If not, then why does that change if you charge a stranger a few bucks to do the same thing?

This isn't a typical home-based business, where you have issues with additional parking, traffic, customers, signs, lights, outdoor storage, noise, fumes, smoke, etc. This is letting someone borrow your house for a few days. If they have a party and disturb the neighbors, the cops will come and take care of it just as they would if you threw the party yourself. The ambulance service and fire department will respond to the same address if there's a call for them, and do their jobs just like they would if it were you in the house, right?

I'm honestly asking here, because I guess I don't understand. This sounds like a solution in search of a problem, to me.
so no problem if your next door neighbor opens up a B&B in his house?

I do see you rpoint in away, especialy because there are rent houses everywhere, but normally they are not the short term one week or month or day rentals.

I think that is where the problem is the short termers.

TO me it is a zoning or other code issue, not so much a IBC or IRC issue.
 
JCraver said:
What's the public interest in trying to regulate this? Why worry about them at all?It's a house. If you have a house and you invite your parents to stay with you for a week, is that different than these str's? How about if you go on vacation for 2 weeks and a friend and his wife house-sit for you? Is that different? How? Should building, zoning, and/or life safety codes regulate whether your folks or your best buddy can stay in your house? If not, then why does that change if you charge a stranger a few bucks to do the same thing?

This isn't a typical home-based business, where you have issues with additional parking, traffic, customers, signs, lights, outdoor storage, noise, fumes, smoke, etc. This is letting someone borrow your house for a few days. If they have a party and disturb the neighbors, the cops will come and take care of it just as they would if you threw the party yourself. The ambulance service and fire department will respond to the same address if there's a call for them, and do their jobs just like they would if it were you in the house, right?

I'm honestly asking here, because I guess I don't understand. This sounds like a solution in search of a problem, to me.
Some places are more appropriate than others. If you live in Myrtle Beach, SC, or Key West, FL I suppose this is all well and good.

In our suburban bedroom community of 20k s.f. lots, renting out your home to 250 people every weekend is frowned upon.

Although everyone likes to think they are free to do as they please in America, your rights end where your neighbors begin. Zoning regulations help level the playing field for everyone.

If you're renting out your house to 2-3 people for a week at a time, you can probably keep it going for quite a while. But once a big bash or two occurs, and neighbors come forth to voice complaints...new rules are made. One bad apple spoils the bunch, as they say.
 
Its a problem if you have 9 bedrooms, some egressing through other bedrooms and 2- 8 person hot tubs on a 2 story deck built on 4x4's and 2x8's. We deal with this everyday here in our little town and I have plenty of stories for ya. We have ordinances for overnite rentals that include requirements of a yearly occupancy permit and yearly FD inspections. I have to look at every house, existing or new, and approve the permit. All new (construction) dwellings intended to be rented to transients are classified R1 and must meet all sprinkler/egress requirements. One development with about 70 of these structures (out in our county) went up in flames about 2 years ago. A lot of work for building/planning for sure.
 
cda said:
It is and should not be a building / 101 issue only

And all this needs to be in writing by ordinance
This is exactly what we're doing. I'm looking to see how others may have worked through the ordinance process and if/how they related building or Life Safety Codes into the decision.
 
JCraver said:
What's the public interest in trying to regulate this? Why worry about them at all?It's a house. If you have a house and you invite your parents to stay with you for a week, is that different than these str's? How about if you go on vacation for 2 weeks and a friend and his wife house-sit for you? Is that different? How? Should building, zoning, and/or life safety codes regulate whether your folks or your best buddy can stay in your house? If not, then why does that change if you charge a stranger a few bucks to do the same thing?

This isn't a typical home-based business, where you have issues with additional parking, traffic, customers, signs, lights, outdoor storage, noise, fumes, smoke, etc. This is letting someone borrow your house for a few days. If they have a party and disturb the neighbors, the cops will come and take care of it just as they would if you threw the party yourself. The ambulance service and fire department will respond to the same address if there's a call for them, and do their jobs just like they would if it were you in the house, right?

I'm honestly asking here, because I guess I don't understand. This sounds like a solution in search of a problem, to me.
A few things come to mind: First, it is a zoning issue with an in home business per our City Ordinances and currently not allowed, but there is a push to amend the ordinances to allow this use. On the zoning side, there are parking issues with numbers of spaces. People in some neighborhoods are not accustomed to a transient facility where they don't know their neighbors as they change on a much more frequent basis. In many cases, every night is a Friday night to the renter while adjacent homeowners attempt to sleep for work and/or school the next day.

The Code side, is more clear in my eyes. The Life Safety Code very clearly details a greater threat to the occupants when their is transient accommodations, hence hotels are far more restrictive than apartment buildings. The issue is it doesn't appear anyone considered transient use of one and two family dwellings. Renting to a family and more than three outsiders clearly pushes you out of Chapter 24 and into Rooming and Lodging at the minimum. Even if the home remains within Chapter 24, we do not enforce NFPA 101 in existing 1 and 2 family dwellings as the "king of your own Castle" idea prevails. But, in this case you are now taken money from strangers who should have a right to expect minimum safety rules have been followed, in our case those being NFPA 101. Being that we're in the Northeast, most of these homes cannot meet NFPA 101 with regard to meeting stair requirements or in many cases, secondary means of escape.
 
Another issue we're learning of is that most of these homes are not being properly insured as a business which the insurance industry considers them (you use the home to make income of any sort). This could lead to non-coverage of claims leaving renters who suffer injuries or losses to use litigation to recoup any losses, hopefully not worse!

Lastly, we're also seeing multi-family buildings being offered for these accommodations, clearly addressed in NFPA 101 as Rooming and Lodging or even hotel! As a small oceanside community with a significant tourist swell this issue came out of the blue a year or so ago and now we can see over 170 units being offered on Air BnB alone, 10-12 of which are in licensed B&B's the rest whom have begun "under the radar".
 
RFDACM02 said:
Another issue we're learning of is that most of these homes are not being properly insured as a business which the insurance industry considers them (you use the home to make income of any sort). This could lead to non-coverage of claims leaving renters who suffer injuries or losses to use litigation to recoup any losses, hopefully not worse! Lastly, we're also seeing multi-family buildings being offered for these accommodations, clearly addressed in NFPA 101 as Rooming and Lodging or even hotel! As a small oceanside community with a significant tourist swell this issue came out of the blue a year or so ago and now we can see over 170 units being offered on Air BnB alone, 10-12 of which are in licensed B&B's the rest whom have begun "under the radar".
Insurance is not the cities problem

Multi family your city should already address what an apartment is versus what a motel is. They just need to enforce it
 
RFDACM02 said:
A few things come to mind: First, it is a zoning issue with an in home business per our City Ordinances and currently not allowed, but there is a push to amend the ordinances to allow this use. On the zoning side, there are parking issues with numbers of spaces. People in some neighborhoods are not accustomed to a transient facility where they don't know their neighbors as they change on a much more frequent basis. In many cases, every night is a Friday night to the renter while adjacent homeowners attempt to sleep for work and/or school the next day. The Code side, is more clear in my eyes. The Life Safety Code very clearly details a greater threat to the occupants when their is transient accommodations, hence hotels are far more restrictive than apartment buildings. The issue is it doesn't appear anyone considered transient use of one and two family dwellings. Renting to a family and more than three outsiders clearly pushes you out of Chapter 24 and into Rooming and Lodging at the minimum. Even if the home remains within Chapter 24, we do not enforce NFPA 101 in existing 1 and 2 family dwellings as the "king of your own Castle" idea prevails. But, in this case you are now taken money from strangers who should have a right to expect minimum safety rules have been followed, in our case those being NFPA 101. Being that we're in the Northeast, most of these homes cannot meet NFPA 101 with regard to meeting stair requirements or in many cases, secondary means of escape.
The city needs to d code first if they are going to regulate this.

Yearly permit or whatever

Than decide what rules they are going to adopt

Parking, noise, length of stay , etc

And decide what building code issues they are going to enforce

For me I am thinking windows in bedrooms and smoke alarms everywhere, and leave it at that.

If a true B&B maybe fire sprinkler and alarm
 
cda said:
Insurance is not the cities problem Multi family your city should already address what an apartment is versus what a motel is. They just need to enforce it
Thanks for continually pointing out our ineptness. I posted here to see how others have addressed this issue, and have gotten some feedback that is actually constructive.
 
cda said:
The city needs to d code first if they are going to regulate this.Yearly permit or whatever

Than decide what rules they are going to adopt

Parking, noise, length of stay , etc

And decide what building code issues they are going to enforce

For me I am thinking windows in bedrooms and smoke alarms everywhere, and leave it at that.

If a true B&B maybe fire sprinkler and alarm
So you'd ignore the Life Safety Code? How do you selectively enforce sections of an adopted code? In a B&B there is no question, they meet Chapter 26 of the LSC, completely. The issue we're dealing with is that while we have adopted the LSC and the Sate has adopted it as well, chapter 24 doesn't provide the same life safety "tools" that all other occupancies that have transient accommodations provide.
 
RFDACM02 said:
So you'd ignore the Life Safety Code? How do you selectively enforce sections of an adopted code? In a B&B there is no question, they meet Chapter 26 of the LSC, completely. The issue we're dealing with is that while we have adopted the LSC and the Sate has adopted it as well, chapter 24 doesn't provide the same life safety "tools" that all other occupancies that have transient accommodations provide.
Because it can be done

All I am saying is that the city decides to enforce some type of oversight for these.

As part of that ordinance, specify what or all building codes to follow.

If the city wants to sprinkle every house used for rental, because te code says so, than that is what they do.

I think applying the entire code to a plain house either rented out entirely or just one room, is overkill
 
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