[HISTORY: Adopted by the Town Council of the Town of Bar Harbor 9-7-2021 by Ord. No. 2021-06; amended in its entirety 11-18-2025 by Ord. No. 2025-10. Subsequent amendments noted where applicable.]
A.
Authority. The provisions of this Chapter shall be administered and enforced by the Code Enforcement Officer or their designee (herein referred to as the "CEO").
B.
Cross-references. Information is cross-referenced for the convenience of the reader. Any omissions or mis-references shall not preclude STRs from having to meet the requirements of other Chapters of the Bar Harbor Municipal Code or other applicable regulations.
If any section, subsection, clause or phrase of this Chapter shall be found to be invalid or unconstitutional, such invalidity shall not affect the remaining provisions of this Chapter and, to that end, the provisions of this Chapter are hereby declared severable.
As used in this chapter, the following terms shall have the following meanings:
As defined in the Land Use Ordinance, § 125-109.
As defined in the Land Use Ordinance, § 125-109.
Written permission issued by the CEO to a property owner to operate an STR.
As defined in the Land Use Ordinance, § 125-109.
As defined in the Land Use Ordinance, § 125-109.
As defined in the Land Use Ordinance, § 125-109.
B.
No person(s) shall advertise for rent, rent, or operate an STR without a valid registration issued pursuant to this Chapter.
C.
The owner of an STR shall complete and post the emergency information sheet, provided by the CEO, on or about the inside of the front or main door of the dwelling unit for convenient inspection by the occupant. The emergency information sheet shall include, but is not limited to, the following information:
(1)
STR registration number issued by the CEO.
(2)
Physical address of the STR and instruction on how to contact emergency responders.
(3)
Information on how to file a complaint regarding life safety requirements with the Town of Bar Harbor.
(4)
The name, mailing address, email address, and telephone number of the property owner.
(5)
The name, email address, and telephone number of a local contact who is available to promptly respond to issues and emergencies related to the property.
D.
The STR registration number issued by the CEO shall be included in all advertising, including but not limited to online platforms.
E.
At the time of issuance of a registration, the property taxes, Town water fees, and/or Town sewer fees associated with the property to be rented as an STR shall not be in arrears.
G.
No person(s) shall be housed separately and/or apart from the dwelling unit in any tent, trailer, camper, lean-to, recreational vehicle, accessory structure or other structure of a similar nature.
H.
Trash shall be removed on a weekly basis while the property is being rented as an STR.
A.
To qualify for a VR-1 registration, an applicant must establish they are the owner of the property upon which the dwelling unit to be operated as a VR-1 is located and that the property is the applicant's primary residence.
B.
Applicant's ownership of the property shall be established by submission of the following:
(1)
For a property owned in the applicant's individual capacity (not a legal entity or a trust), submission of a deed or a copy of the Town of Bar Harbor Property Record Card identifying the applicant as an owner of a present interest in the property.
(2)
For a property owned by a limited liability company, corporation, trust, or other similar legal entity other than an individual, submission of documents that demonstrate the property is owned in fee by the entity, and the applicant has a present interest in the entity.
(3)
For a property owned by a trust established by the applicant but which does not designate the applicant as a trustee or beneficiary, submission of the following documents:
C.
Applicant's primary residence at the property shall be established by submission of the following:
(1)
An application signed by all individuals claiming the property as their primary residency.
(a)
The application shall identify and be signed by all individuals over the age of 18 that consider the property to be their primary residence. No individual may have an ownership interest in more than one property with a VR-1 registration. No individual may register more than one property for a VR-1. A property is not eligible for VR-1 registration if any individual listed on and signing the application holds a valid VR-1 registration for a different property or is listed on the VR-1 registration for another property as a primary resident of that property. Nothing in this subsection shall be interpreted to prohibit a single property from having up to two VR-1 registrations, to the extent authorized by Chapter 125.
(b)
Exception for family estate planning and caregiving:
[1]
Notwithstanding § 174-6C(1)(a), an individual may be listed as an owner on more than one property enrolled in the VR-1 program if:
[a]
The additional ownership interest is acquired through transfer from a parent, spouse, or legal guardian for bona fide estate planning, inheritance, or caregiving purposes; and
[b]
The individual does not claim, and is not designated as the primary resident for, more than one VR-1 registration. Only one property may serve as the individual's primary residence and VR-1 registration; and
[c]
The additional deeded ownership does not result in more than one VR-1 registration being actively operated by the same household.
[2]
The Town retains authority to deny, suspend, or revoke any VR-1 registration if it determines that an ownership transfer was undertaken primarily to evade program restrictions.
(2)
An affidavit of primary residency on a form prepared by the Town that is consistent with the requirements of this Chapter and Chapter 125; and
(a)
Applicant shall attest to the following:
[1]
The property is the applicant's primary place of residence for more than 183 days of the year; and
[2]
Neither the applicant nor any other individuals signing the application claim any other property as their primary residence for any other purpose under town, state, or federal law (e.g., voter registration, public education attendance, homestead exemption); and
(3)
Sufficient documentation establishing the property is the applicant's primary residence.
(a)
Submission of at least three of the following documents is sufficient documentation and shall serve as proof of the applicant's primary residency if the address and name on the document matches the address of the property and name of the applicant:
[1]
Valid Maine driver's license.
[2]
Most recent federal or state income tax return or W-2 (personal financial details may be redacted).
[3]
Valid Maine vehicle registration.
[4]
Current Maine Revenue Services Sales Tax and Service Provider Certification (may be zero reported income if not actively rented).
[5]
Recent electric, sewer, or water utility bill dated within the last 12 months.
[6]
Statement of government benefits (Social Security Administration, Medicare, Medicaid, or other official state or federal documentation of benefits) listing the applicant's full name and property address.
[7]
Proof of current voter registration issued by the State of Maine or the Town of Bar Harbor listing the applicant's name and the property address.
(b)
As an alternative to § 174-6C(3)(a), an applicant may submit relevant and comparable documents to the CEO, and the CEO shall find the property to be the applicant's primary residency if the evidence submitted shows, by a preponderance of the evidence, that the property is the applicant's primary residence.
A.
Terms. All registrations expire on May 31 of each year, per § 125-69Y(1)(a).
B.
Maximum number of registrations (cap). Refer to § 125-69Y(1)(b).
C.
Transfer of registration. Refer to § 125-69Y(1)(c).
A.
Denial. The CEO may deny any application or renewal if the applicant fails to meet the requirements of this Chapter or if the application contains false, misleading, or materially incomplete information.
B.
Applications. All applications for STR registrations shall be filed with the CEO on forms provided for this purpose.
C.
Fee. The nonrefundable registration fee must be paid at the time the application is filed.
D.
Continuance of registration. Refer to § 125-69Y(2)(b).
E.
Waitlist. VR-2 registrations are subject to a total cap.
(1)
The CEO shall maintain a registration waitlist for VR-2s.
(2)
To be placed on the registration waitlist, the owner must submit a complete registration application and pay the required fee.
(3)
The CEO will determine at the start of the calendar year if registration slots are available. When registration slots are available, the CEO will inform the applicant(s) at the top of the registration waitlist. The applicant(s) will have 120 days to secure the registration, including but not limited to passing the required inspection.
(4)
If, for any reason the applicant does not obtain the registration within 120 days, the VR-2 slot shall be offered to the next owner on the registration waitlist.
F.
Issuance. The CEO shall issue a registration to the property owner if the dwelling unit has met all requirements of this Chapter and there are no other outstanding notices of violation issued by the CEO under this Chapter or Chapter 125.
G.
Notification. Within 30 days of the issuance of a new registration, the CEO shall send a one-time notification of the STR to all property owners within 50 feet of the outer boundary of the property. Notice shall be deemed received if mailed to an owner's last known address according to the Town tax records. This provision does not apply to registrations that are being renewed.
H.
Obligations. Having secured a registration does not relieve the property owner from the obligation to obtain additional permits, as necessary.
I.
Filing. All issued registrations shall be filed with the building permit files under the management of the CEO.
A.
The registration of an STR shall be subject to an initial inspection of life safety requirements by the CEO, and thereafter, registration renewals shall be subject to an inspection every three years. To ensure compliance with this Chapter, Chapter 125, and minimum safety standards, the CEO may conduct additional inspections.
B.
All STRs shall comply with the minimum requirements and standards of the most recently adopted (and amended) edition of the codes listed below in order to operate.
(1)
Sleeping areas. Only habitable space will be considered for sleeping purposes. Areas such as garages, storage areas, bathrooms, laundry rooms, hallways, closets, or similar areas shall not be used for sleeping purposes. The following minimum sleeping area standards are applicable to all STRs:
(a)
A minimum ceiling height of seven feet as required by section R305 of the International Residential Code.
(b)
A minimum room size as required by section R304 of the International Residential Code.
(c)
Emergency and escape opening complying with section R310 of the International Residential Code.
(d)
When egress windows or openings are located more than 20 feet above exterior finished grade as measured to the finished sill of the window, a safe landing no less than four feet by four feet shall be provided no more than 20 feet below the window, or the window shall be directly accessible to the Fire Department rescue apparatus as approved by the Authority Having Jurisdiction.
(e)
Safety glass is required for windows located in hazardous locations in compliance with section R308.4 of the International Residential Code.
(f)
Smoke and carbon monoxide alarm(s) installed in accordance with sections R314 and R315 of the International Residential Code.
(g)
All required smoke and carbon monoxide alarms shall be interconnected in accordance with sections R314.4 and R315.5 of the International Residential Code.
(h)
All windows, which are located more than 72 inches from finished grade or other exterior surface below and have a sill height of less than 24 inches from the floor surface of the room, shall comply with section R312.2 of the International Residential Code.
(2)
Fire alarms and suppression systems. Structures containing fire protection systems shall have those systems serviced and tagged annually by a licensed State of Maine fire protection contractor.
(3)
Safety standards. The following additional safety standards are applicable to all STRs:
(a)
The E-911 address shall be posted on-site in a location clearly visible from the roadway.
(b)
The structure shall be maintained in a safe, hazard-free condition. This includes, but is not limited to, all mechanical, electrical, and plumbing systems, which shall be maintained in operating condition in accordance with the original permit approved, unless otherwise specified in this Chapter.
(c)
Every dwelling unit shall be equipped with fire extinguishers sized and located per the requirements of NFPA 10.
(d)
Smoke alarms and carbon monoxide alarms installed in accordance with sections R314 and R315 of the International Residential Code.
(e)
All stairways, steps, landings, handrails, and guardrails shall be installed and maintained in accordance with section R311 of the International Residential Code. Full compliance with the requirements of section R311 is not required where a property owner can demonstrate to the Authority Having Jurisdiction that it is structurally impracticable to meet the requirements.
(f)
Temporary wiring shall not be used for permanent fixtures, outlets, or receptacles.
(g)
All required exits and egress windows shall remain unobstructed.
(h)
Portable heaters shall not be used as a primary source of heat for any space.
(i)
A Knox Box is required when a fire alarm system or fire sprinkler system is installed.
(j)
Ground fault circuit interrupter (GFCI) receptacles shall be installed and operable in bathrooms, laundry areas, kitchens, basements, garages, and around the exterior of the building.
(k)
Attached garages must comply with the standards in section R302.6 of the International Residential Code.
(4)
Additional standards. The following additional minimum standards are applicable to all STRs, as most recently adopted by the Town of Bar Harbor or amended by the State of Maine:
A.
Violations:
(1)
Each violation of this Chapter shall constitute a separate violation.
(2)
Any violation of this Chapter shall be deemed a nuisance.
(3)
Each day of violation, after notification, shall constitute a separate offense with respect to each violation.
(4)
A fine or penalty may be imposed for each violation.
(5)
Failure to comply with the terms and conditions of any registration granted under this Chapter shall be a violation of this Chapter.
(6)
Violations shall be subject to fines, penalties, actions, and orders as are authorized by this Chapter and 30-A M.R.S. § 4452, including reasonable attorneys' fees and costs.
(7)
Violations shall be subject to suspension and revocation of STR registration as authorized by this Chapter, including reasonable attorneys' fees and costs.
B.
Process for violations. The CEO shall investigate all alleged violations and enforce the provisions of this Chapter and the terms and conditions of the registration.
(1)
If, after investigation, the CEO finds that a registered STR is in violation of this Chapter, the CEO shall contact the property owner, via email or phone, and allow them up to seven days to correct the violation.
(2)
If the violation has not been removed within the seven days of notice given to the property owner (§ 174-10B(1)), written notice shall be given by certified mail, return receipt requested, of such violation to the property owner. The notice of violation shall identify the nature of the violation, the provisions of code violated, the applicable fines as authorized by this Chapter, and the corrective action required to abate the violation. A copy of such notice shall be maintained as a permanent record.
(3)
If, after investigation, the CEO finds that a non-registered property is operating as an STR, in violation of this Chapter, written notice shall be given by certified mail, return receipt requested, of such violation to the property owner. The notice of violation shall identify the nature of the violation, the provisions of code violated, the applicable fines as authorized by this Chapter, and the corrective action required to abate the violation.
C.
Notice. A property owner that has received a notice of violation is prohibited from registering, renewing or operating an STR on the property that is the subject of the notice of violation until the corrective action demanded by the notice is taken and all fines cited in the notice are paid.
D.
Fines:
(1)
The minimum fine for operating without a valid registration shall be $1,500.
(2)
Should the CEO determine that a second violation of this section has occurred within one year of the first violation, the property owner shall be prohibited from applying for, or obtaining a STR registration, within 12 months of the date of the second notice of violation and may only apply for a registration after payment of a fine of $3,000.
(3)
The CEO may assess a penalty equal to three times the average nightly rental rate for each day of unlawful operation, based on documentation of advertised or actual rental rates.
(4)
The CEO may waive some or all of the additional fines pursuant to an administrative consent agreement that provides for the elimination of the violation.
(5)
The Town may seek additional fines and injunctive relief pursuant to 30-A M.R.S. § 4452 in excess of the minimum fines.
E.
Suspension and revocation. Unless otherwise provided for in this Chapter, any STR registration issued under this Chapter may be suspended or revoked as follows:
(1)
The CEO may, upon reasonable suspicion that an owner with a STR registration is in violation of this Chapter or has submitted false or misleading information on their STR registration or renewal application, and after providing owner notice and an opportunity to be heard, suspend an STR registration pending investigation or corrective action.
(3)
Operation of any STR during a period of suspension shall be a violation subject to a penalty equal to three times the average nightly rental rate for each day of unlawful operation, based on documentation of advertised or actual rental rates.
(4)
The CEO may, after providing owner notice and an opportunity to be heard, revoke STR registration for continued violations of this Chapter.
(5)
The CEO may, after providing owner notice and an opportunity to be heard, revoke STR registration if the CEO determines operation of the STR endangers the health, safety, or general welfare of the occupants, neighboring residents, or the broader community.
(6)
Any STR registration issued under this Chapter may be revoked if the CEO determines that the registration was obtained or renewed based on false, misleading, or materially incomplete statements or documentation provided by the applicant.
(7)
Suspension or revocation of a STR registration is not an exclusive remedy for violations of this Chapter. The Town may seek additional fines and injunctive relief pursuant to 30-A M.R.S. § 4452.
In accordance with the process outlined in § 125-103, the Appeals Board may, upon written application of an aggrieved party received by the Planning Department within 30 days of any decision or enforcement action which interprets this Chapter, hear an appeal from such decision. For purposes of this section, the term "decision" is limited to an order, decision, or enforcement action made in writing.