Loading...
HomeMy WebLinkAbout3.07 Policy on Lodging House LicensesTown of Framingham Board of Selectmen Policy on Lodging House Licenses Issue date: April 26, 2005 Type of policy: New ( x ) Amendment ( ) Effective date: May 3, 2005 Level: Department ( ) Division ( ) Town Wide (x) Policy Statement The following lodging house regulations have been adopted by the Board of Selectmen, the licensing authority for the Town of Framingham, for the enforcement of all statues, ordinances and by -laws applicable to lodging houses required to be licensed in the Town of Framingham. These regulations shall be applicable of lodging houses pursuant to Chapter 140, S. 22, et seq. of the MA General Laws, and all other statutes pertaining to lodging houses, and are intended for the maintenance and protection of the health, safety and welfare of all persons and the health, safety and general welfare of the public. In the event of a conflict between state and local laws, regulations and by -laws they shall be applied and ranked in priority in the following order, unless a contrary intent is clearly stated, with Number 1 being most senior position: 1. Special Laws 2. General Laws 3. State Code 4. Bylaws 5. Regulations References 105 CMR 400.000 — 419.000 (State Sanitary Code, Chapter II, Minimum Standards of Fitness for Human Habitation). 105 CMR 590.000 — 595.000 (State Sanitary Code, Chapter X, Minimum Sanitation Standards for Food Establishments). M.G.L., Chapter 140, Section 22 M.G.L., Chapter 148, Section 26C and 26H Section 3. Regulatory 3.7 1 780 CMR Massachusetts State Building Code 527 CMR Fire Prevention Regulations 248 CMR Uniform State Plumbing and Gas Code NFPA 70 National Electrical Code NFPA 72 National Fire Alarm Code Special Terms 1) 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 licensee, 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, inns, bed and breakfast establishments, dormitories, fraternity houses and other similar dwelling places, but shall not include dormitories of charitable or philanthropic institutions or convalescent or nursing homes licensed under section seventy -one of chapter one hundred and eleven or rest homes so licensed, or group residences licensed or regulated by agencies of the commonwealth. 2) Lodger: A lodger is any person residing in a rooming unit including any person listed as a lodger on any lease agreement for said unit. 3) Rooming Unit: The room or group of rooms let to an individual or household for use as living and sleeping quarters. 4) Licensee: That person (s) or entity listed on the lodging house license and the owner (s) of the land and building where the lodging house is operated. Policy Description Responsibilities of Licensee: The licensee shall be responsible for the proper supervision, operation and maintenance of the lodging house in accordance with the requirements of these regulations and of all other pertinent laws and by -laws. The appointment of an agent shall in no way relieve the licensee from responsibility for full compliance with all the foregoing laws and regulations. These regulations and the penalties imposed by them shall apply with equal force to the keeper of any lodging house required to be licensed. Agent(s): If the licensee, because of health, other employment, non - residence on the premises, frequent or extended absences from the premises or other reasons, is unable to exercise proper supervision of the premises, he /she shall designate one or more agent(s) to carry out all or part of his /her responsibilities. The owner of any lodging house that contains twelve (12) or more units shall be required to have an agent residing on the premises. Based on the qualifications of the agent(s) designated and the extent of their responsibilities, the Board may require that more than one agent be provided. If, for any reason, an agent ceases to exercise his /her responsibilities, the licensee shall at once notify the Board of Selectmen and take immediate steps to provide proper interim supervision and obtain a suitable replacement. Section 3. Regulatory 3.7 2 The agent(s) shall be available on a 24 -hour basis and must post his /her telephone or beeper number in a conspicuous place inside the Lodging House. The agent must also notify the Selectmen's Office, Police Department, Health Department, Fire Department and Building Department Of his /her beeper or telephone number. Registers, Card Files and Rosters: The licensee of every lodging house shall keep or cause to be kept, in a permanent form, a register. Such register shall contain the true name or name in ordinary use and the last residence of every person engaging or occupying a private room together with a true and accurate record of the room assigned to such person and of the day and hour of check -in and checkout. The entry of the names of the person engaging a room and the lodgers of said room shall be made by said person engaging said room or by any lodger thereto. 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 licensed premises. In addition, each licensee shall keep or cause to be kept a card file or database containing current information on each lodger including full name, date and time of registration, room number, former address, registration number, state of registration, and make of automobile, and the name and telephone number of the person to be notified in case of emergency. These cards should be kept for a minimum of one year after departure of the lodger. The register, card file, and roster required in this section shall be available for inspection at all times by any town official. Minimum Standards: These regulations are minimum standards intended for the maintenance and enforcement required for the protection of health, safety and welfare of all persons concerned. If there is any conflict with state or local law the stricter provision shall apply to the extent legally permissible. 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 to the requirements of these regulations, whenever they are in addition to or more stringent than the requirements of Article II of said code. All lodging houses in which meals are served to lodges shall comply with the requirements of Article X of the State Sanitary Code, Minimum Sanitation Standards for Food Establishments, which is incorporated herein by reference, or to such lesser standards as may be approved in writing by the Director of Public Health. Bathroom Facilities: Bathroom facilities, as required by the Sanitary Code, shall be located on the same floor as the individuals who are to use them. Lighting and Electrical Facilities: The electrical service to the building shall conform with the rules and regulations issued by the Commonwealth of Massachusetts, Department of Public Safety, Board of Fire Prevention Regulations, known as the Massachusetts Electrical Code, which is incorporated herein by reference. Specific questions regarding the requirements of the Massachusetts Electrical Code may be directed to the Town of Framingham Electrical Inspector. House Rules & Supervision: Licensees and their agent(s) must: Section 3. Regulatory 3.7 3 1. Exercise due care in the selection of lodgers. 2. Inspect all common areas at least daily and all occupied rooms at every change of lodger to insure that all such areas are in a clean and orderly condition and without violation of regulations pertaining to obstruction of egress, cooking in rooms, and other health and safety hazards. A schedule of inspections must be posted at least forty -eight hours prior to said inspection. Posting of the schedule for inspections shall not apply in the case of an emergency. 3. Institute and enforce such house rules as are necessary to prevent the lodging house from being a cause of nuisance or annoyance to the neighborhood. 4. Ensure that House Rules are in writing and at a minimum contain rules adequate to address the following matters: a. Noise Control including use of audio or other equipment which may disturb the peace; b. Disorderly behavior; c. Adherence to the Town's Lodging House Regulations and the consequences for repeated violations; d. Proper garbage disposal; and e. Cleanliness of rooming units and common areas. 5. File a copy of the House Rules with the Board of Selectmen as part of the Licensee's license application or renewal thereof. 6. Post a copy of the House Rules in a common area of the lodging house. 7. Provide every lodger who intends to remain for thirty days or more with a copy of the house rules. 8. Meet with the lodgers on an annual basis to discuss house rules. 9. Take whatever steps necessary to stop Lodger(s) from repeatedly violating house rules or the requirements of these regulations, up to and including eviction. Housekeeping: It shall be the duty of the licensee and /or his /her agent to provide or cause to be provided: 1. Daily cleaning of all common bathroom facilities and of community kitchen or laundry facilities; 2. Cleaning of all occupied rooms and private bathroom facilities at the change of each lodger or as otherwise necessary for sanitary purposes; and Section 3. Regulatory 3.7 4 3. Cleaning, as necessary, of all other common areas. Storage, Collection & Disposal of Waste: The Licensee and his /her agent(s) shall comply with the Town of Framingham's Regulations Governing the Handling, Storage Collection and Disposal of Waste and all other state or local laws pertaining to the proper storage, collection and disposal of waste. Responsibilities of the Licensee and Agent(s) include but are not limited to following: 1. Storing garbage in watertight, rodent -proof receptacles with tight fitting covers. 2. Providing as many receptacles as are sufficient to contain accumulation of all garbage before final collection. 3. Locating garbage containers in an area where objectionable odors will not enter any dwellings, preferably in the rear of the building. 4. Informing all lodgers of the rules regarding proper storage, collection and disposal of waste. 5. Placing garbage for collection in the designated location no earlier than 6:00 a.m. on the day of the scheduled collection. 6. Removing all empty containers of any kind from the area of collection no later than midnight of the collection day. Egress Facilities: There shall be at least two separate and adequate ways of egress from each occupied story of a lodging house. The number and location of such ways of egress shall allow every lodger to reach the outside at ground level by a second way of egress if the principal or customary egress is blocked by fire or smoke, or is otherwise obstructed. At least one of the required ways of egress shall be a protected interior egress and additional required ways of egress shall be either protected interior egress or approved fire escapes that lead to a place of safety. Protected Interior Egress: A protected interior egress shall be: An interior stairway including all halls or corridors connecting the flights of stairs or leading to an exterior door at ground level, or providing access from any room, group of rooms, or apartment, which interior stairway is provided with an automatic sprinkler installation approved by the Building Commissioner. Approved Fire Escape: An approved fire escape shall be an exterior stairway with balconies or landing at each floor, and having clear egress to a street, way or place of safety at ground level. Stairs, balconies and landings shall be constructed of non - combustible materials and landings shall be 2 feet in width of passage. Balconies and landings shall be not more than 9 inches below the top exterior doorsills with which they connect. Section 3. Regulatory 3.7 5 1. Access to Approved Fire Escapes: Access from any occupied story to an approved fire escape shall be through a door with approved hardware, T -turn knob, lever or push bar which by one operation will release the door from the inside. Doors shall be a minimum of 5 feet in height and 2 inches in width or as otherwise approved by the Building Commissioner, and shall open in the direction of egress so as to allow clear passage. If the top of the doorsill is more than 18 inches above the floor, approved steps permanently attached to the structure shall be provided. No storm or screen door shall be used in such locations. Except as above provided no devices that require unlocking from inside shall be used. Access to fire escapes shall be from a common hall or corridor, or otherwise accessible room, not a toilet or bathroom. Such common or accessible room shall lead directly to the aforementioned common hall or corridor having a door with hardware allowing release by one operation with no locking device, permitting opening at all time in the direction of egress. 2. No private room shall be used as access to a required fire escape unless the door to the room is equipped with an emergency exit lock of a type and model specially approved by the Building Department. No obstruction shall be permitted in the path of egress to a fire escape. 3. Fire escapes are to be used for emergency purposes only. Use of fire escapes for general access to rooms is strictly prohibited. Exit Signs: Continuously illuminated red signs bearing the word "EXIT" in plain block letters at least 5 inches high shall be provided over the doors opening into stairways or leading to fire escapes, and at every change of direction of a corridor or hallway leading to such egress doors. Emergency Lighting: Approved emergency lighting shall be provided along ways of egress. The number, type and location of emergency lighting units shall be as designated by the Building Commissioner. Basements and Basement Stairs: Basements and cellars shall be protected by automatic sprinklers. An automatic sprinkler shall protect interior stairs leading from a basement or cellar to the floor above. Portable Fire Extinguishers: Portable fire extinguishers of a type and capacity approved by the Chief of the Fire Department, shall be provided for each story and basement, one for each 2500 square feet of the floor area or portion thereof and maintained in a fully charged and operable condition at all times and kept in their designated places when not being used. Such fire extinguishers shall be inspected and serviced annually and after use in accordance with NFPA 10. Fire extinguishers shall be conspicuously located where they will be readily accessible and immediately available in the event of fire. Preferably they shall be located along normal paths of travel, including exits from areas. Fire extinguishers shall not be obstructed or obscured from view. Section 3. Regulatory 3.7 6 Portable fire extinguishers other than wheeled types shall be securely installed on the hanger or in a bracket shall be securely and properly anchored in the bracket supplied, placed in cabinets or wall recesses. The hanger or bracket shall be securely and properly anchored to the mounting surface in accordance with the manufacturer's instructions. Vertical Openings: All vertical openings, including stairs other than the required stairs, dumbwaiters, vent shafts, and laundry chutes, shall be provided with sprinklers. Hazardous Areas and Combustible Storage: The Building Commissioner or the Fire Chief may require that kitchens, work shops, heater rooms, storerooms containing combustible materials, or other areas constituting a special hazard be protected by automatic sprinklers, fire resistive construction, additional approved portable fire extinguishing equipment, or other means as directed. Combustible or flammable material shall not be placed, stored or kept in any portion of an exit or elevator car or hoist way or at the bottom of a stairway, fire escape or other means of escape. Cooking in Rooms: The use of electric hot plates, gas plates, stoves using sterno or other fuel, electric percolators, grills, and toasters, are prohibited in any room other than a kitchen approved by the Building Commissioner. Lodgers may use microwaves in their rooming units with the approval of the Licensee. Portable Heaters: The use of portable heaters is strictly prohibited. Heating Systems: The owner shall provide and maintain in good operating condition the facilities for heating every habitable room and every room containing a toilet, shower or bathtub to such temperature as required by the State Health code. Central heating systems shall be provided with all the safety devices required for new installations under all applicable laws, by -laws, and regulations of any authority having jurisdiction thereof. The heater should be located in an area suitably ventilated to ensure the safe operation of the heater or burner. Maintenance: 1. The building and all parts thereof shall be kept in good general repair and properly maintained. All exterior surfaces shall be kept painted where necessary for the purposes of preservation of structural elements or appearance. Interior walls and ceilings shall be periodically refinished in order to maintain such surfaces free from stains, marks or visible foreign matter. 2. All outdoor areas not devoted to walks and drives or otherwise paved shall be landscaped and adequately maintained to prevent overgrowth of unsightly conditions. 3. Outdoor walks, drives and exterior ways of egress shall be kept unobstructed, free of litter, and clean. Accumulation of ice and snow shall be removed from such areas, including required ways of egress to provide safe walking surfaces and shall be removed. Section 3. Regulatory 3.7 7 Automatic Fire Alarm System: All lodging house shall be protected throughout with an adequate system of automatic sprinklers in accordance with the provisions of the state building code. Fire protection systems shall not be disconnected or otherwise rendered unserviceable without first notifying the fire department. The design, installation and performance of required fire warning systems, pursuant to M.G.L. c.148, sec. 26C, shall be in accordance with NFPA 72. Care and Maintenance of Fire Protection System: The Licensee shall be responsible for the care and maintenance of all fire protection systems, including equipment and devices, to insure the safety the safety and welfare of the lodgers. If required fire protection systems are temporarily out -of service for maintenance or repair, the licensee or his /her agent(s) shall immediately advise the fire department and shall diligently restore the system to working order. Installation of, or modification to, any automatic fire protection system shall require a permit from the Chief of the Fire Department or his /her designee. Aisles, floors, halls, stairways, fire escapes, doors and windows shall be kept in good repair and ready for use, and shall be kept properly lighted. No person shall shut off, disconnect, obstruct, remove or destroy, or cause or permit to be shut off, disconnected, obstructed, removed or destroyed, any part of any sprinkler system, water main, hydrant or other device used for fire protection in any building owned, leased or occupied by such person under his control or supervision, without first procuring a written permit to do so from the Chief of the Fire Department or his /her designee. Egress From and Access to a Building: Any obstacle, which may interfere with the means of egress or escape from any building or other premises, or with the access of any part of said building or premises by the fire department in the case of fire, shall be removed from aisles, floors, halls, stairways and fire escapes. Doors and windows designated as exits shall be kept clear at all times. No person shall at any time place encumbrance of any kind before or upon any fire escape, balcony or ladder intended as a means of escape from fire. The means of egress from each part of the building, including stairways, egress doors, and any panic hardware installed thereon, aisles, corridors, passageways and similar elements of the means of egress, shall at all times be maintained in a safe condition and shall be available for immediate use and free of all obstructions. All exterior bridges, steel or wooden stairways, fire escape and egress balconies shall be maintained in accordance with 780 CMR 1028.0 and shall be examined and or tested, and certified for structural adequacy and safety every five years, by a Massachusetts registered professional engineer, or others qualified and acceptable to the Building Commissioner or his /her designee. The engineer or other party shall after inspection submit an affidavit to the building department. Section 3. Regulatory 3.7 8 Conflict With Other Laws or Regulations: Whenever any provision of these regulations is in conflict with a requirement of the Framingham Building Code or other law, by -law or regulation the more restrictive provision shall apply, unless a contrary intent is clearly stated. Variations in Specific Cases: The Board of Selectmen may vary any provision of these regulations in a specific case, which appears to them not to have been contemplated by the regulations or in a case where manifest injustice would result. The decision of the Board in such cases shall not conflict with the spirit of any the regulations or the purpose thereof. In each case, the Board of Selectmen shall make its decision only after consideration of any report, which may be filed with it by the appropriate Department(s). Certificates of Inspection: The Board of Selectmen may require certificates of inspection certifying compliance with the various section(s) of the lodging house regulations. Severability of Provisions: The invalidity, if so declared by a 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 and /or fine(s) issued in accordance with Art. X, Section 1, and to the penalties imposed by Massachusetts General Law, Chapter 140, Section 22 et seq., where applicable; and /or pertinent state statutes or regulations, including but not limited to the State Sanitary Code, Fire Code, and State Building Code. Section 3. Regulatory 3.7 9