[HISTORY: Adopted by the City Council of the City of Marlborough 4-2-2018 by Order No. 17/18-1007097-1C. Amendments noted where applicable.]
The following ordinance concerning lodging houses and boardinghouses
has been adopted by the City Council pursuant to the provisions of
Massachusetts General Laws (MGL) Chapter 140, as amended. Any and
all licenses issued by the Licensing Board shall be governed by, and
subject to the licensee's compliance with all applicable federal,
state and local laws, regulations and bylaws, including but not limited
to the MGL, regulations of the Licensing Board, the ordinances of
the City of Marlborough, all applicable building, fire prevention,
zoning, health and sanitary codes, and any conditions the Licensing
Board imposes on specific licenses. Where there is conflict between
these ordinances and a condition on the license, the condition shall
govern unless it is inconsistent with the law.
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Shall have the same definitions as provided in § 650-5 of the City Code; consistent therewith, where the words "lodging house" are used, they shall also mean "boardinghouse."
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.
Prior to a new or renewed license being issued, licensees and
first-time applicants for a lodging house license shall request advisory
reports from the Police Department, Fire Department, Collector, Board
of Health, and Building Department, which advisory reports licensees
or first-time applicants shall furnish to the Licensing Board. The
Licensing Board may deny an application for renewal of a license where
there is cause for doing so. The licensee's, or first-time applicant's,
failure to comply with any federal, state or local law, regulation,
or ordinance may be cause for denial of the application. This includes,
but is not limited to, the ordinances of the City of Marlborough,
the rules and regulations of the City of Marlborough Licensing Board,
state and local health regulations, the state Building Code, and the
state Fire Code.
A.
New and renovated lodging houses must comply with all applicable
state and local codes, rules and regulations in effect at time of
construction.
B.
Consistent with and as may be permitted by the Building Code, Fire
Code, and Health Code, respective City officials may establish more
flexible standards than certain provisions of this chapter, applicable
to existing facilities previously licensed as lodging houses, so long
as they conform to applicable code requirements in effect at the time
of construction or rehabilitation.
The licensee shall be responsible for the proper supervision,
operation, and maintenance of the lodging house in accordance with
the requirements of this chapter and all other pertinent laws, regulations
and ordinances. The appointment of an agent shall in no way relieve
the licensee from responsibility for full compliance with the law.
A.
If the licensee, because of health, other employment, nonresidence
on the premises of the lodging house, frequent or extended absences
from the lodging house or other reason, is unable to exercise proper
supervision of the lodging house, he/she shall designate one or more
agent(s) to carry out all or part of his/her responsibilities.
B.
If, for any reason, an agent ceases to exercise his/her responsibilities,
the licensee shall at once notify the Licensing Board, Board of Health,
Building Department, Fire Department and Police Department and take
immediate steps to provide proper interim supervision and obtain a
suitable replacement.
C.
The agent(s) shall be available on a twenty-four-hour basis and must
post his/her telephone numbers (including cell phone number) and beeper
number, as applicable, in a location accessible to lodgers.
A.
City inspections of licensed lodging houses shall be made on an annual
basis by authorized inspectional departments to determine compliance
with applicable state and local laws, regulations and codes, and upon
request pursuant to MGL c. 140, § 25, as amended. The fee
for said annual inspections shall be $250.
B.
Annual inspections shall be made on weekdays during normal City business
hours. In addition, inspections may be made at other times (including
but not limited to evenings and weekends) to investigate complaints
or noncompliance issues. Inspections may include all areas occupied,
used or controlled by the licensee and within the structure containing
the licensed premises, including rented and unrented units and other
occupied and nonoccupied space.
C.
Inspections shall be conducted in conformity with applicable federal,
state and local law. Facilities requiring reinspection are subject
to a fee of $50 per reinspection.
D.
City officials shall, pursuant to an inspection under this chapter
or any other regulation or law, refer all violations of this chapter
and any other ordinance, regulation or law, whether federal, state,
or local, which said officials are authorized to enforce, to the Licensing
Board. All referrals to the Licensing Board shall also be mailed by
first class mail to the licensee and to the licensee's agent,
if any.
A.
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.
B.
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 they are in addition to
or more stringent than the requirements of Article II of said code.
C.
Licensees must have inspections performed by a licensed pest control
operator (PCO) every six months (unless ordered to do so more frequently
by the Health Department). PCO inspection reports must be kept on
file for review. Inspections must include, but not be limited to,
bed bugs, insects, and rodents. The licensee must take appropriate
action to address any findings by the PCO. Licensees that can demonstrate
long-term occupancy by a majority of the residents (greater than one
year continued occupancy) may request a waiver of this inspection
requirement. Waivers will be applied for and approved by the Director
of Public Health.
D.
The licensee and his/her agent(s) shall comply with Chapter 406, Littering, and with Chapter 485, Property Maintenance, of the City Code, and all other state or local regulations and laws pertaining to the proper storage, collection, disposal of waste and property maintenance. Responsibilities of the licensee and agent(s) include, but are not limited to, the following:
(1)
Storing garbage and trash in watertight, rodent-proof receptacles
with tight-fitting covers;
(2)
Providing to lodgers as many receptacles as are sufficient to contain
accumulation of all garbage and trash before collection for disposal;
(3)
Locating garbage and trash containers in an area where objectionable
odors will not enter any boarding or lodging unit;
(4)
Removal of dumpster waste as frequently as necessary to prevent overflow,
windblown trash and garbage, rodent infestation, and odors.
A.
Licensees and their agent(s) shall:
(1)
Exercise due care in the selection of lodgers;
(2)
Inspect all common areas at least daily and all occupied rooms at
least monthly and at every change of lodger to ensure that all such
areas are in a clean and orderly condition and in compliance with
licensee's electrical use policy and regulations pertaining to
obstruction of egress, cooking in rooms, and other health and safety
hazards;
(3)
Post a schedule of inspections, for the purposes of notifying lodgers,
at least 48 hours prior to said inspections. Posting of the schedule
for inspections shall not apply in the case of an emergency;
(4)
Ensure that lodgers dispose of trash and garbage properly, and that
lodgers store food items in a sanitary manner;
(5)
Ensure cleanliness of rooming units and common areas, if any;
(6)
Ensure an unobstructed path of egress from entry door to fire escape,
particularly in exit rooms, stairs and hallways;
(7)
Ensure compliance by lodgers with licensee's electrical use
policy, and prohibit the use of candles and other items that requires
burning to be used (incense, odor oils, etc.);
(8)
Prohibit the use of portable heaters;
(9)
Take whatever steps are necessary to prevent lodger(s) from repeatedly
violating licensee's rules or the requirements of this chapter,
or any other law or regulation, up to and including eviction; and
(10)
Comply with any other provisions or requirements as may be required
by any department or board of the City of Marlborough.
A.
All lodging houses shall be equipped with automatic smoke or heat
detectors, an automatic sprinkler system, carbon monoxide alarms,
carbon monoxide detectors and combination smoke/carbon monoxide detectors.
The design, installation, and performance of said systems, alarms
and detectors shall be in accordance with the state Building Code,
the state Fire Code, NFPA and all applicable laws and regulations.
B.
The licensee shall be responsible for the care and maintenance of
all fire protection systems, including equipment and devices, to ensure
the safety and welfare of the lodgers. Installation of, or modification
to, any automatic fire protection system shall require a permit from
the Fire Department.
C.
Fire protection systems shall not be disconnected or otherwise rendered
unserviceable for purposes including but not limited to repair and
maintenance without first notifying the Fire Department.
D.
As part of the annual Fire Department inspection, all lodging houses
must submit to Fire Department annual fire alarm and sprinkler system
tests.
A.
Refusal, neglect or failure to comply with any section of this chapter shall be cause for a fine imposed pursuant to and in conformity with Chapter 315 of the City Code, and/or to the penalties imposed by MGL c. 140 § 22, et seq., as amended, where applicable, and/or such other provisions of law, including but not limited to the state Sanitary Code, Fire Code, and Building Code, ordinances of the City of Marlborough and other regulations and fines applicable to the particular violation.
B.
The licensee's refusal, neglect or failure to comply with any
federal, state or local law, regulation, or ordinance, including,
but not limited to, this chapter and any other ordinance of the City
of Marlborough, the state Sanitary Code, Fire Code, and Building Code,
and any other local codes and regulations may be cause for denial,
suspension or revocation of a license by the Licensing Board, and/or
a fine as above.
