[Added 8-3-2015; amended 11-2-2015; 2-1-2016; 9-13-2021 by Board of
Health; 11-1-2021 by Board of Health]
This article shall be effective on and after September 1, 2015,
as to new placements and January 1, 2016, as to existing placements,
and so remain in effect until terminated, modified or amended in writing
by the Chelmsford Board of Health. It is enacted under authority granted
by, but not limited to, Massachusetts General Laws, Chapter 111, Sections
31, 31C, 122, 142A through 142M. Board of Health regulations are an
exercise of the police power under which the various levels of government
hold responsibility for protection of the public health, safety and
welfare. Excluding from implementation of this article until July
1, 2016, children enrolled in the Chelmsford Public Schools as of
September 2, 2015, and their parents or legal guardians and siblings
residing in the lodging establishments with such children as of September
2, 2015.
This article has been enacted by the Board of Health for the
purpose of protecting the health, safety and well-being of the general
public and the individuals being housed and sheltered in motels, hotels,
long term/extended stay establishments and other lodging establishments
within the Town of Chelmsford as part of any government sponsored
housing/sheltering program.
As used in this article, the following terms shall have the
meanings indicated:
Must have the following located in unit/room:
Refrigerator/freezer unit (minimum nine cubic feet).
Kitchen sink/dishwasher combination of sufficient size (12 inches
by 10 feet by five inches minimum) and adequate space to store, prepare
and serve food in a sanitary manner (two feet by nine feet counter
top and 20 square feet of cabinets, minimum).
Electric stove and microwave.
Kitchen area, a minimum of 75 square feet.
Landlord to provide reasonably necessary cookware and amenities,
including without exception, flatware, plates, bowls, cups, glasses
and table settings.
Every room/unit or enclosed floor space used or intended
to be used for living, sleeping, cooking, or eating purposes, excluding
rooms/units containing toilets, bathtubs or showers and
A place that has rooms in which people can stay especially
when they are traveling: a place that provides food, lodging, and
other services for paying guests for usually less than seven days.
Must have the following located in unit:
Refrigerator/freezer unit (minimum three cubic feet).
Kitchen sink of minimum size (12 inches by 10 inches by five
inches minimum) and adequate space to store, prepare and serve food
in a sanitary manner (two feet by six feet countertop and nine square
feet of cabinets, minimum).
A permanently installed electric cooktop (two heating elements)
and microwave.
A kitchen area of a minimum of 40 square feet.
Landlord to provide reasonably necessary cookware and amenities,
including, without exception, flatware, plates, bowls, cups, glasses
and table settings.
A place where a person can rent a room(s)/unit(s) to stay
for a short period of time: a place to sleep. Other services may be
supplied. This definition includes hotels, motels, long term/extended
stay establishments, bed-and-breakfasts, inns, resorts and the like.
A lodging establishment with additional amenities that people
stay for a period usually longer than seven days.
A report that consists of room/unit size, room/unit type,
number of people occupying the room/unit, start date, departure date
required, and actual departure date. Addendum A[1]
A small-sized low-rise lodging establishment which provides
sleeping accommodation with limited services for usually less than
seven days. They have direct access to individual rooms from the parking
area.
A habitable room/unit with one or two beds without any kitchen
facility.
A habitable room/unit with one or two beds and kitchenette
facility
A habitable room/unit with one or two beds with full kitchen
facilities.
A habitable room/unit with one bed/bedroom and one couch/bed
unit with full kitchen facilities.
[1]
Editor's Note: Said addendum is on file in the Town offices.
A.
Minimum space requirements for all single room/unit setups: at least
150 square feet of floor space for the first occupant and at least
100 square feet of floor space for the second occupant, 75 square
feet for the third occupant and 50 square feet for the fourth occupant.
(Bathroom facilities not included in habitable space needs or in meeting
kitchen needs; must be totally separate).
C.
Maximum stay period per room/unit-type/occupant number.
(4)
Single room/unit with full kitchen, separate bedroom and couch bed
unit:* **
(a)
One person: 365 days.
(b)
Two persons: 365 days.
(c)
Three persons: 270 days.
(d)
Four persons: 180 days.
NOTES:
*Restriction on stay period based on one or more of the following:
lack of kitchen capacity, storage space, and privacy issues.
**If any room/unit is 150 square feet or more above the minimum
requirement listed above, the stay period may be extended by 25% more
days.
D.
A permit is required from the Chelmsford Board of Health, renewed
annually on the 31st of December. Annual permit fee set per the Board
of Health fee schedule.
E.
All units/rooms meeting the above requirements must have an initial
pre-occupancy inspection by this office to ensure compliance to this
article. The initial pre-occupancy inspection is included in the yearly
permit application. Requests for additional rooms/units to be added
to the permit will require a pre-occupancy inspection at a fee set
by the Board of Health.
F.
Reinspections may occur as deemed necessary by the Chelmsford Health
Department. A reinspection fee is set by the Board of Health.
G.
As each unit/room is vacated, the ownership of the establishment
is required to submit documentation (letter or email) to the Chelmsford
Health Department confirming that the occupant(s) have left the unit/room
before the expiration of the approved stay period. Prior to a new
occupant entering the unit/room, it must be inspected by the Chelmsford
Health Department at a fee per inspection per unit/room. Fees are
set by the Chelmsford Board of Health.
H.
To ensure compliance, the ownership of said business is required
to submit the *monthly report to the Chelmsford Health Department.
The *monthly report lists unit/room size, room type, number of people
occupying the room, start date, departure date required, and actual
departure date.
*Addendum A (Monthly report)[1]
[1]
Editor's Note: Said addendum is on file in the Town offices.
I.
Should the occupant and/or agency need to extend the stay beyond
the designated time frame due to extraordinary circumstances the request
must be in writing to the Health Department indicating the exact reason
the extension is needed. An occupant and/or agency may only request
an extension two times.
The Board of Health may take enforcement action deemed appropriate
and lawful, including but not limited to revocation of existing permits/licenses,
criminal prosecution, civil action for injunctive relief or money
damages, or both. The Board of Health may levy fines of not less than
$50 for the first offense. (Each day of violation shall constitute
a separate offense). Any succeeding day of violation may be punished
by a fine of no more than $300 per day per offense.
Each part of this article shall be construed as separate to
the end that if any paragraph, sentence, clause, or phrase thereof
shall be held invalid for any reason, the remainder of that article
and all other regulations shall continue in full force.
A.
This article shall take effect by vote of the Board of Health at
its regularly scheduled meeting held on July 7, 2014, and is to be
in full force and effect immediately upon adoption. Adopted by the
Board of Health effective July 7, 2014.
B.
This article has been amended and approved by vote by the Board of
Health on August 3, 2015, November 2, 2015, and February 1, 2016.
C.
This article has been amended, voted on, and unanimously approved
at a regularly scheduled Board of Health meeting on September 13,
2021, and will go into effect on September 13, 2021.
D.
This article has been amended, voted on, and unanimously approved
at a regularly scheduled Board of Health meeting on November 1, 2021,
and will go into effect on November 1, 2021.
