[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:
FULL KITCHEN
Must have the following located in unit/room:
A. 
Refrigerator/freezer unit (minimum nine cubic feet).
B. 
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).
C. 
Electric stove and microwave.
D. 
Kitchen area, a minimum of 75 square feet.
E. 
Landlord to provide reasonably necessary cookware and amenities, including without exception, flatware, plates, bowls, cups, glasses and table settings.
HABITABLE ROOM/UNIT
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
HOTEL
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.
KITCHENETTE
Must have the following located in unit:
A. 
Refrigerator/freezer unit (minimum three cubic feet).
B. 
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).
C. 
A permanently installed electric cooktop (two heating elements) and microwave.
D. 
A kitchen area of a minimum of 40 square feet.
E. 
Landlord to provide reasonably necessary cookware and amenities, including, without exception, flatware, plates, bowls, cups, glasses and table settings.
LODGING ESTABLISHMENT
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.
LONG-TERM/EXTENDED STAY ESTABLISHMENT
A lodging establishment with additional amenities that people stay for a period usually longer than seven days.
MONTHLY REPORT
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]
MOTEL
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.
SINGLE ROOM/UNIT
A habitable room/unit with one or two beds without any kitchen facility.
SINGLE ROOM/UNIT WITH KITCHENETTE
A habitable room/unit with one or two beds and kitchenette facility
SINGLE ROOM/UNIT WITH FULL KITCHEN
A habitable room/unit with one or two beds with full kitchen facilities.
SINGLE ROOM/UNIT WITH FULL KITCHEN AND SEPARATE BEDROOM
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).
B. 
Maximum occupancy per square footage of room/unit.
(1) 
One person needs: 150 square feet.
(2) 
Two persons need: 250 square feet.
(3) 
Three persons need: 325 square feet.
(4) 
Four persons need: 375 square feet.
C. 
Maximum stay period per room/unit-type/occupant number.
(1) 
Single room/unit:* **
(a) 
One person: 35 days.
(b) 
Two persons: 28 days.
(c) 
Three persons: 21 days.
(d) 
Four persons: 14 days.
(2) 
Single room/unit with kitchenette* or a minimum of two meals a day provided: **
(a) 
One person: 150 days.
(b) 
Two persons: 120 days.
(c) 
Three persons: 90 days.
(d) 
Four persons: 60 days.
(3) 
Single room/unit with full kitchen:* **
(a) 
One person: 180 days.
(b) 
Two persons: 150 days.
(c) 
Three persons: 120 days.
(d) 
Four persons: 90 days.
(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.