Town of Falmouth, MA
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2023-11-14
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Division 1: Town Meeting Enactments
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Part II: General Legislation
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Chapter 172 Rental Property
- The Charter
- Ch C Falmouth Home Rule Charter
- The Code
- Division 1: Town Meeting Enactments
- Part I: Administrative Legislation
- Ch 1 General Provisions
- Ch 5 Aging, Council on
- Ch 9 Assessors
- Ch 13 Auditing
- Ch 21 Boards
- Ch 25 Cemeteries
- Ch 27 Code Book
- Ch 29 Committees and Commissions
- Ch 35 Elections
- Ch 36 Falmouth Historic District
- Ch 38 Finance, Department of
- Ch 42 Housing Authority
- Ch 49 Meetings, Town
- Ch 53 Officers and Employees
- Ch 58 Personnel
- Ch 60 Security Posted in Connection With Licenses, Permits and Approvals
- Ch 65 Selectmen, Board of
- Part II: General Legislation
- Ch 75 Alarm Systems
- Ch 79 Alcoholic Beverages
- Ch 83 Animals
- Ch 87 Beaches
- Ch 91 Boats and Boating
- Ch 95 Building Construction
- Ch 99 Buildings, Numbering of
- Ch 103 Camping and Tenting
- Ch 105 Collection Containers
- Ch 107 Demolition
- Ch 110 Disaster and Emergency Management
- Ch 119 Fees
- Ch 123 Fire Prevention
- Ch 135 Environmental Hazards
- Ch 136 Secondhand Dealers and Secondhand Collectors
- Ch 137 Revolving Funds
- Ch 140 Licenses and Permits
- Ch 144 Loitering
- Ch 150 Noise
- Ch 156 Peace and Good Order
- Ch 160 Peddling and Soliciting
- Ch 164 Property, Damage to
- Ch 168 Public Records, Access to
- Ch 172 Rental Property
- § 172-1 Registration to determine occupancy limits.
- § 172-2 Fine for failure to register.
- § 172-3 Fine for exceeding occupancy limits.
- § 172-4 Posting of certificate of registration.
- § 172-5 (Reserved)
- § 172-6 Violations and penalties.
- § 172-7 Variances.
- Ch 174 Right to Farm
- Ch 176 Sales, Special
- Ch 178 Scenic Roads
- Ch 180 Sewers and Septic Systems
- Ch 184 Signs
- Ch 191 Solid Waste
- Ch 195 Smoking
- Ch 199 Streets and Sidewalks
- Ch 201 Stretch Energy Code
- Ch 203 Swimming Pools
- Ch 207 Town Property, Use of
- Ch 208 Trailers
- Ch 213 Vehicles and Traffic
- Ch 219 Vending Machines
- Ch 223 Water
- Ch 227 Watershed Protection
- Ch 231 Waterways
- Ch 235 Wetlands Protection
- Ch 237 Nitrogen Control
- Ch 240 Zoning
- Division 2: Board of Selectmen Regulations
- Ch 248 Adult Entertainment
- Ch 251 EEO/Affirmative Action
- Ch 255 Ambulance Service
- Ch 268 Mobile Food Servers
- Ch 269 Mooring Regulations
- Ch 275 Shellfish and Herring
- Ch 277 Stormwater Management Rules and Regulations
- Ch 280 Vehicles for Hire
- Division 3: Planning Board Regulations
- Ch 300 Special Permits and Site Plan Reviews
- Ch 305 Subdivision Regulations
- Ch 310 Zoning Board of Appeals Procedural Rules
- Ch 311 Zoning Board of Appeals Comprehensive Permit Rules
- Division 4: Miscellaneous Regulations
- Ch FHR Falmouth Health Regulations
- Ch FPWR Falmouth Department of Public Works Regulations
- Ch FWR Wetlands Regulations
- Appendix
- Ch A315 Acceptances of General Laws
- Ch A320 Special Acts
- Disposition List
- Ch DL Disposition List
[HISTORY: Adopted by the Town of Falmouth
Special Town Meeting 6-3-1975, Art. 16; amended in its entirety Special Town Meeting 4-5-1994, Art. 10, approved 7-9-1994. Amendments
noted where applicable.]
GENERAL REFERENCES
Housing Authority — See Ch. 42.
Any owner or agent who shall offer for rent
or lease any building or portion thereof to be used for habitation,
other than duly authorized or licensed premises, shall first register
with the Health Agent who shall determine the number of persons said
building or portion thereof can legally accommodate. Such registration
shall remain effective until December 31st of the calendar year. Occupancy
shall be determined by application of the following formula: Two persons
shall be allowed for each bedroom over one hundred (100) square feet,
provided that additional occupancy, as allowed upon Article II of
the State Sanitary Code, 105 CMR 410.400(B), may be allowed upon inspection
by the Board of Health.
Any owner or agent who shall offer for rent or lease any building or portion thereof which has not been registered under § 172-1 shall be punished by a fine of not more than three hundred dollars ($300.).
If it is found that the number of occupants in any building or portion thereof used for habitation exceeds the number of the registered occupancy as required by § 172-1 of this chapter, or if no such registration shall be in effect, then the tenant, lessee or person in control of said building or portion thereof shall be punished by a fine of not more than three hundred dollars ($300.).
Any building or portion thereof registered by
the provisions of this chapter shall have conspicuously posted therein
a certificate of registration issued by the Board of Health which
shall indicate, at a minimum, the number of occupants that may legally
occupy said building or portion thereof, and the name, address and
telephone number of the owner and the owner's agent, if applicable.
[1]
Editor's Note: Former § 172-5, Fees, was repealed
ATM 4-8-2013, Art. 28, approved 5-3-2013.
The Board of Health on petition of a property
owner, may vary any provision of this chapter if, in its opinion,
strict application of the chapter would constitute a manifest injustice
and would not materially affect the safety or well-being of the occupants.
