Short Term Rentals

Scary Statistics on Smoke Alarms in New Hampshire

As we dive into the heart of summer, many of us are enjoying time with family and friends, hosting gatherings, or welcoming rental guests into our homes. It's a season filled with joy and activity, but it's also a time to be vigilant about safety, especially fire safety. Recent statistics from the New Hampshire Division of Fire Safety underscore a stark reality: working smoke alarms can mean the difference between life and death in the event of a fire.

The Alarming Statistics

According to the latest data as of June 26, 2024, New Hampshire has experienced 11 fatal fires this year, resulting in 13 tragic fatalities. Of these, only three homes had working smoke alarms. This means a staggering 8 out of 11 homes where fatalities occurred lacked adequate smoke detection.

The Lifesaving Importance of Smoke Alarms

The data paints a clear picture: working smoke and carbon monoxide (CO) alarms save lives. Here are some essential tips to ensure your home is protected:

  • Install Smoke Alarms on Every Level: Make sure there is a smoke alarm on every floor of your home, including the basement. Each bedroom and outside sleeping areas should also have alarms.
  • Regular Maintenance: Replace smoke alarms every ten years and test them monthly to ensure they are functioning correctly.
  • Carbon Monoxide Alarms: Alongside smoke alarms, CO alarms are crucial, especially in homes with fuel-burning appliances.

Safety for Rental Properties

If you rent out your property, either seasonally or year-round, ensuring it is equipped with adequate and functioning smoke and CO alarms is not just a legal obligation but a moral one. Your guests' safety is paramount, and providing a safe environment can prevent tragedies and protect you from liability.

Fire can spread rapidly, and you may have less than three minutes to escape once an alarm sounds. This brief window highlights the urgency of having an effective alert system in place. Let's take these statistics as a wake-up call to review and enhance the fire safety measures in our homes. Protect your loved ones, guests, and yourself by ensuring your smoke and CO alarms are in optimal working condition.

Stay safe, be vigilant, and enjoy a worry-free season with peace of mind knowing your home is well-protected.

For more information and resources, visit the New Hampshire Division of Fire Safety website or contact your local fire department.

The Safety Dangers of Bunk Beds

Bunk beds can be a fantastic space-saving solution, especially in homes with multiple children or in short-term rental properties where maximizing sleeping arrangements is often necessary. However, it's essential to be aware of the safety dangers associated with bunk beds, particularly for young children. This awareness is critical not only for parents but also for property owners who offer short-term rentals.

Understanding the Risks

Bunk beds present several safety risks, primarily due to their height and the possibility of falls. The U.S. Consumer Product Safety Commission (CPSC) estimates that bunk bed-related injuries result in about 36,000 emergency room visits each year. A significant portion of these injuries involves children under the age of 10. The majority of injuries are due to falls from the top bunk, which can lead to serious harm such as fractures, concussions, and internal injuries.

The Importance of Guard Rails

Federal law mandates that bunk beds be equipped with guard rails on the upper bunk to prevent falls. These guard rails are not just a recommendation—they are a critical safety feature that significantly reduces the risk of injury. Properly installed and used guard rails can help prevent many of the accidents associated with bunk beds.

Bunk Bed Safety in Short-Term Rentals

For property owners who offer short-term rentals, ensuring that bunk beds are safe should be a top priority. Guests may include families with young children, and it is the responsibility of the property owner to provide a safe environment. Here are some steps to enhance bunk bed safety in your rental property:

  1. Install Guard Rails: Make sure that both sides of the upper bunk have sturdy guard rails that extend at least five inches above the mattress surface.
  2. Check for Stability: Ensure that the bunk bed is stable and not wobbly. Regularly check the bolts and screws to ensure they are tight and secure.
  3. Educate Guests: Provide clear instructions to guests about the proper use of bunk beds, including the importance of using the guard rails and the dangers of horseplay.
  4. Age Restrictions: Consider setting age restrictions for the top bunk, recommending that only children over the age of six use it.

While bunk beds can be a practical solution for maximizing sleeping space, it's crucial to recognize and mitigate the associated safety risks. By adhering to federal safety regulations and taking proactive steps to ensure the safe use of bunk beds in your short-term rental, you can help prevent accidents and provide a secure environment for your guests. Remember, a few simple precautions can go a long way in ensuring the safety and well-being of everyone who stays in your property.

Stay safe and responsible, and ensure your vacation home or short-term rental is a haven for all guests—especially the little ones.

Window Shopping in North Conway.... When Looking for a Vacation Home

When you think of "window shopping," you might picture strolling through quaint town centers, admiring the displays of charming boutiques and cozy cafes. But when it comes to buying a vacation home in North Conway, window shopping takes on a whole new meaning—especially when it comes to paying attention to egress windows.

North Conway is known for its beautiful, chalet-style homes, many of which were built long before modern building codes were established. While these older homes offer character and charm, they may not meet today's safety standards, particularly regarding egress windows. Here's why it's crucial to consider egress when shopping for your dream vacation home.

Understanding Egress Windows

Egress windows are windows designed to provide an emergency exit in case of fire or other emergencies. They are required by building codes in certain areas of a home, such as basements and bedrooms, to ensure that occupants have a safe and accessible escape route. These windows must meet specific size and operational requirements to be considered compliant.

The Importance of Egress Windows in North Conway

  1. Safety First The primary purpose of egress windows is to provide a safe exit in emergencies. In older homes that lack proper egress, the risk of being trapped in a fire increases significantly. When you're shopping for a vacation home, especially if you plan to host family and friends, ensuring that all bedrooms and living spaces have proper egress windows can give you peace of mind.

  2. Compliance with Modern Building Codes Homes built before the enforcement of egress window requirements might not meet current safety standards. While these homes are grandfathered into the code, bringing them up to date with modern safety features, including egress windows, is a wise investment. Not only does this enhance safety, but it also makes the property more attractive to future buyers should you decide to sell.

  3. Increased Home Value Properties with updated safety features, including egress windows, can see an increase in value. Buyers today are more informed and often seek homes that meet or exceed current building codes. By ensuring your vacation home has proper egress windows, you could see a higher return on investment in the long run.

  4. Insurance Benefits Homes that meet current building codes, including those with proper egress windows, may qualify for better insurance rates. Insurance companies often provide discounts for homes with enhanced safety features, which can save you money on premiums.

  5. Peace of Mind Knowing that your vacation home is equipped with the necessary safety features allows you to relax and enjoy your time in North Conway. Whether you're hitting the slopes, hiking through the White Mountains, or simply unwinding with a good book, the assurance that your home is safe and up to code is invaluable.

  6. Regulatory Requirements for Short-Term Rentals While Bartlett does not currently require short-term rental licensing, surrounding towns like Conway and Jackson are beginning to enforce stricter regulations. These towns require proper egress windows before issuing permits for short-term rentals. Regardless of whether a permit is required, it's crucial not to rent out an unsafe space to guests. Ensuring your property meets safety standards, including having proper egress windows, protects your guests and your reputation as a responsible property owner.

What to Look For

When shopping for a vacation home in North Conway, keep the following in mind regarding egress windows:

  • Location: Ensure that all bedrooms, basements, and living areas have egress windows.
  • Size and Accessibility: Egress windows must meet specific size requirements and be easily accessible in an emergency. The minimum opening area is typically 5.7 square feet, with a minimum opening height of 24 inches and a minimum opening width of 20 inches.
  • Operation: The windows should open easily without the need for keys or tools. Casement windows, which swing open, and double-hung windows, which slide up and down, are popular choices.
  • Professional Inspection: Consider hiring a professional home inspector to evaluate the property and ensure all safety features, including egress windows, meet current standards.

Ossipee NH now requires STR permit

The Town of Ossipee has implemented a new short-term rental ordinance, effective from June 4, 2024. This move comes as a response to the growing popularity of short-term rentals and aims to ensure the safety of occupants while minimizing disruptions to neighborhoods. Here’s a comprehensive breakdown of what you need to know about this new ordinance.

Purpose

The ordinance was passed to regulate short-term rentals (STRs) in Ossipee, aiming to balance the interests of property owners with the concerns of the community. The primary goals are to ensure the safety of occupants and to prevent disturbances in residential areas.

Definition

A short-term rental in Ossipee is defined as any individually or collectively owned single-family house, dwelling unit, condominium, cooperative, or timeshare that is rented out for less than 30 consecutive days. This definition excludes campers, camping trailers, and tents.

Permit Requirements

Starting June 4, 2024, all short-term rental units must have a permit issued by the town. Here’s the process:

  1. Application: Property owners must submit an application, available at the Town Hall or on the town’s website.
  2. Approval: The application must be signed by the Selectboard or its designee.
  3. Validity: Permits are valid for two years and must be renewed before expiration to avoid interruptions in rental operations.
  4. Fee: A permit fee is required, as determined by the Board of Selectmen’s fee schedule.

Terms and Conditions

Several conditions must be met to operate a short-term rental in Ossipee:

  1. Guest Limits: The maximum number of guests is determined by the number of bedrooms, with a limit of two people per bedroom plus two additional guests.
  2. Tax Compliance: Homeowners must provide proof of a current NH Rooms and Meals Tax license or the rental agency details if taxes are paid through an agency.
  3. Trash Management: Homeowners must ensure that trash is regularly removed and does not accumulate.
  4. Occupancy Limits: These limits must not be exceeded.
  5. Safety Inspection: A safety inspection by the Zoning Officer/Building Inspector is required before a permit is issued.
  6. Non-Transferability: Permits are not transferable; new owners must obtain their own permits.
  7. Signage and Parking: Signage must comply with the Ossipee Sign Ordinance, and all vehicles must be parked in designated areas on the property.
  8. Noise and Conduct: Guests must adhere to town ordinances and state laws, and avoid causing noise disturbances.

Safety Inspection

The safety inspection process ensures the following:

  • Functioning smoke and CO detectors.
  • Proper emergency egress windows and doors.
  • Functional fire extinguishers in kitchen areas.
  • Handrails and railings that conform to the NH State Building Code.
  • Compliance with codes in effect at the time the building was constructed, particularly for older homes.

Prohibitions

There are specific activities prohibited under this ordinance:

  • Incidental Camping: No camping or sleeping in tents, travel trailers, or recreational vehicles on the property.
  • Subletting: Guests cannot sublet the rental property.
  • Special Events: The property cannot be used for special events.

Enforcement and Revocation

Violations of the ordinance can lead to significant consequences:

  • Fines: Violators can be fined $1,000 per violation, with each day constituting a separate violation.
  • Permit Revocation: The Board of Selectmen can revoke permits for repeated violations, after notice and a public hearing.
  • Complaints: Three validated noise complaints within one year can result in permit revocation.
  • Reapplication: If a permit is revoked, the homeowner cannot reapply for one year.

Ossipee’s new short-term rental ordinance is designed to regulate the increasing number of short-term rentals in the town, ensuring they operate safely and without disturbing the community. Property owners looking to rent their properties on a short-term basis must comply with these regulations to continue their operations legally and responsibly. For more detailed information or to access the application form, visit the Town of Ossipee’s official website.

4 Essential Steps When You Arrive at a Vacation Rental

Vacations are all about relaxation and fun, but a few quick checks upon arrival at your vacation rental can ensure safety for you and your loved ones. Here are four important steps to take as soon as you walk through the door.

1. Check Smoke and Carbon Monoxide Alarms

Safety first! Ensure that your vacation rental is equipped with working smoke and carbon monoxide alarms. Locate them in the common areas and bedrooms. Test each one to make sure they're functioning properly. A quick check could be a lifesaver.

2. Ensure Bedrooms Have Windows with Egress

It's crucial that all sleeping areas have windows that can serve as an emergency exit. Verify that these windows open easily. If you're traveling with kids, take a moment to show them how to operate the windows in case they need to get out quickly. This small step can provide peace of mind and prepare everyone for an emergency.

3. Locate Fire Extinguishers

Identify where the fire extinguishers are located in the property. The kitchen should have one readily available, and if there's a grill, check for an extinguisher nearby. Knowing where to find these tools and how to use them can help you act quickly in case of a fire.

4. Know the Property's Address

Make sure everyone in your group knows the exact address of the rental. This is essential if you need to call 911 or require emergency services. Write it down and place it in a visible spot, like the refrigerator or a common area, so everyone can easily access it.

Taking these four simple steps can enhance your safety and allow you to enjoy your vacation with greater peace of mind. Happy travels!

Town of Madison suing Eidelweiss owner for operating STR

This article from the Conway Daily Sun (4/24) says the town of Madison is suing an Eidelweiss owner for operating a short term rental.  Will be very interesting to see how this plays out....

  • The town of Madison, NH, has filed a lawsuit against Nicholas Gage for operating a short-term rental in violation of local ordinances.
  • The lawsuit is set to be heard in Carroll County Superior Court.
  • Gage's property, located at 10 Barden Place in the Eidelweiss Residential District, is the subject of the dispute.
  • In 2022, Madison residents voted to amend the definition of dwelling units to be used for non-transient residential purposes, specifying occupancies longer than 30 days.
  • Gage advertised and rented his property for periods less than 30 days, violating this amendment.
  • After several notices and a denial of appeals by the zoning board of adjustment, the town has deemed Gage's actions as final and non-appealable.
  • The town attorney, Cordell Johnston, is seeking civil penalties of $275 per day retroactive to January 12, totaling over $20,000 by the filing date.
  • The town is also requesting the court to prohibit Gage from further short-term rentals and to reimburse the town for legal and investigation expenses.
  • Gage has yet to respond to the lawsuit and claims he has not seen it.
  • The lawsuit was initiated by a vote among the selectmen, with one member abstaining due to unfamiliarity with the case details.
  • The property is listed on Airbnb.

The NH Meals & Rooms Tax

Navigating New Hampshire's 8.5% Meals and Rooms Tax for Short-Term Rental Owners

If you're a short-term rental owner in New Hampshire, understanding the 8.5% Meals and Rooms Tax is crucial to ensure you're on the right side of the law and to make your hosting journey as smooth as possible. This tax, often referred to as the 'Rentals Tax,' applies to a range of accommodations, including hotels, motels, and, yes, short-term rentals like those you might list on Airbnb or Vrbo. Let's dive into the specifics of who needs to pay it and how it all works.

Who Needs to Pay It?

If you're renting out a property for short durations (less than 185 days at a time) in New Hampshire, you're likely on the hook for the Meals and Rooms Tax. This includes owners of vacation homes, condos, and any other type of residential property offered for short-term stays. Whether you're a full-time landlord or just renting out your place for a few weeks a year while you're away, you're required to collect this tax from your guests and remit it to the state.

How It Works

The tax rate is set at 8.5% of the rental amount you charge your guests. Here's the breakdown of how you should go about handling this tax:

  1. Registration: Before you start renting out your property, you need to register with the New Hampshire Department of Revenue Administration (DRA). This process will grant you a tax identification number, which you'll use when collecting and remitting taxes.

  2. Collecting the Tax: You must add the 8.5% tax to your guests' bills. It's a good practice to be transparent with your guests about this additional charge, so they know exactly what they're paying for.

  3. Filing and Payment: The Meals and Rooms Tax needs to be filed and paid monthly. You'll file a return with the DRA, detailing your rental income and the tax collected, and then remit the appropriate tax amount.

  4. Record Keeping: It's crucial to keep detailed records of your rental activity, including dates, amounts charged, tax collected, and tax payments made. These records should be kept for at least three years, as the DRA may request them if your account is audited.

Exemptions and Special Cases

There are a few scenarios where the Meals and Rooms Tax may not apply, such as long-term rentals (more than 185 days to the same occupant) or certain types of nonprofit or educational organizations. However, these exceptions are fairly specific, so it's wise to consult with a tax professional if you think you might qualify for an exemption.

Airbnb & VRBO

Airbnb & VRBO will collect the Meals and Rooms Tax on your behalf.  If you are ever audited by the state, you might need to show proof that you are renting on those platforms.  They do not have an individual license for each property, so all Airbnb taxes are collected and paid under once license.

Getting Caught Will Cost You

I have seen owners attempt to avoid the tax and get caught.  It is a costly mistake, so don't fool around with it.  Here is the webpage where you can get started and file your payments.

Send any questions that you have!

Bartlett Planning Board Decides Not to Move Forward with STR regs

In Bartlett, a proposed warrant article aimed at regulating short-term rentals (STRs) was unanimously rejected by the Planning Board after receiving criticisms from selectmen and the public. The article, if passed, would have required STR owners to apply for a conditional use permit, adhere to National Fire Protection Association safety standards, and handle taxes and insurance appropriately. However, concerns about enforceability and legality, particularly regarding insurance requirements and tax collection, led to its dismissal. Selectmen and residents raised issues about the practicality of enforcing such regulations, the potential for expensive litigation, and the fairness of treating STRs differently from long-term rentals. Suggestions for a more educational approach towards safety codes and alternative certification for STRs as "renter-friendly" were also discussed. Ultimately, the planning board decided against moving the article forward due to these concerns and the tight timeline for warrant articles.

Read the full story: https://www.conwaydailysun.com/news/local/bartlett-planners-shelve-str-article-following-pushback/article_7c4096aa-c4ed-11ee-b63f-cf5d9ef492ae.html

Bartlett's proposed amendment to the Town of Bartlett Zoning Ordinance

Bartlett is the latest town considering regulating short term rentals.  Below is a copy of the proposed amendment to Bartlett's zoning ordinance:

SHORT-TERM RENTAL: A dwelling where transient lodging is provided for compensation for stays of between one and thirty consecutive days and where the dwelling would normally be considered a residential living unit not associated with regulated commercial activities such as hotels, motels, etc.

A conditional-use permit to operate a short-term rental must be obtained from the selectmen’s office using the prescribed form and after paying the required application fee. The permit is owner-specific, and a change in ownership, density, or number of bedrooms will require a new application. The owner will submit a copy of the permit to the selectmen’s office and post it in a prominent location in the rental unit.

Signing a conditional-use permit will indicate that the owner is aware of and will adhere to the NFPA health and safety requirements listed on the permit. Failure to comply with the safety conditions can result in revocation of the permit for a period of one year. A new permit can be applied for after that time. A 30-day grace period will be allowed to correct any violations prior to revocation of the permit.

Short-term rental occupancy is based on the number of approved bedrooms listed on a town- issued building permit or as listed on a state-approved septic plan. A limit of two (2) people per approved bedroom, plus two (2) additional people will be allowed. For example, eight (8) people would be permitted to occupy an approved three-bedroom dwelling. A short-term rental will not be listed or advertised as offering sleeping accommodation that exceeds the above-mentioned limits.

Adequate on-site parking will be provided for all guest vehicles. On-street parking will not be allowed.

A short-term rental does not include boarding houses, inns, and bed & breakfast establishments which are required to be owner-occupied or manager-occupied by Bartlett’s zoning ordinance.

Accessory dwelling units (ADUs) will not be used as a short-term rental as approval of ADUs is based on decreased septic capacity.

The short-term rental use of a condominium unit may require the assent of the condominium association.

A dwelling or dwelling unit used as a short-term rental will at all times be covered by a short- term rental insurance policy.

The owner of a dwelling or dwelling unit used as a short-term rental shall register for the State rooms and meals tax and will pay all required taxes, unless the owner uses a rental platform that pays and forwards the taxes to the state of New Hampshire.

Egress - The Simple Test: Can Your Loved Ones Get Out?

The Crucial Importance of Egress in Short-Term Rentals: Ensuring Safe Escapes for Your Loved Ones

Imagine your loved one vacationing in a picturesque short-term rental, their room cozy and inviting. But then, pause for a moment and ask yourself – in an emergency, is there a safe escape? This is a vital question often overlooked in the hustle of travel excitement. Let's look into the critical importance of proper egress in short-term rentals and why it should be a top priority for both hosts and guests.

The Life-Saving Role of Egress:

Egress, simply put, is a means of exit. In the context of short-term rentals, it's the difference between a safe stay and a potentially tragic situation. Proper egress routes ensure that in case of an emergency, like a fire or natural disaster, occupants can quickly and safely evacuate the premises. It's not just a building code requirement; it's a fundamental aspect of guest safety.

Picturing the Scenario:

Visualize someone close to you, perhaps a family member or a dear friend, staying in a charming rental. Now, imagine a fire breaks out. Smoke begins to fill the room. Panic sets in. They rush to the door, but what if it's blocked or jammed? Is there another way out? A window large enough and accessible to escape through? If the answer is no, the unimaginable could happen. This scenario is not meant to scare but to highlight the gravity of having proper egress in any rental property.

Egress Essentials:

A safe egress route in a rental property typically includes:
1. Accessible Windows and Doors: Every sleeping room must have at least two exit routes, usually a door and a window. These exits must be easy to open without the need for keys or tools.
2. Clear Pathways: Exits must be free from obstructions. A cluttered or blocked escape route can be fatal in an emergency.
3. Adequate Size and Height: Windows should be large enough to pass through and not too high off the ground. This ensures that children and adults alike can use them in emergencies.

The Ultimate Test of Safety:

As a property owner, manager, or guest, the ultimate test for safety is simple: Would you feel confident having your loved ones stay in a room with no easy means of escape? If your heart hesitates even slightly, then it's a clear indication that the safety measures are not up to par.

Responsibility and Awareness:

For hosts, ensuring proper egress is not just about compliance, but about moral responsibility. It's about providing a safe environment where guests can relax without worrying about their safety. For guests, it's about being aware and vigilant. Always check for available exit routes upon arrival and report any safety concerns immediately.

The importance of egress in short-term rentals cannot be overstated. It's a critical element that ensures the well-being and safety of guests. As the industry continues to grow, let's collectively raise the bar for safety standards, starting with the basics like proper egress. Remember, the ultimate test of a safe rental is envisioning your loved ones in it – because everyone deserves a safe escape. 

 

Life safety only matters for certain homes, in certain zoning areas?

Summary of the Article

The article discusses a petitioned warrant in Conway that aims to regulate short-term rentals (STRs) in residential neighborhoods. Filed by Sun Publisher Mark Guerringue, the warrant, if passed, would restrict one- and two-family homes from being rented out for more than 30 days a year unless they meet state safety code standards. This rule would not apply in commercial zones. Short-term rentals are defined as properties rented for more than 30 nights a year that are not long-term leases. Properties rented for shorter periods, like 15 weekends or four single weeks a year, don’t fall under this definition. The regulation demands that STRs conform to various state safety and fire codes. Guerringue's objective is to balance property rights with community interests, aiming to slow down the increase in property values driven by investors and to improve the housing situation in town. The article also mentions opposing views from the Mt. Washington Valley Association for Responsible Rentals and highlights the challenges in enforcement and legal complexities.

Opinion on Life Safety in All Homes

The principle of life safety is fundamental and should be uniformly applicable to all homes, regardless of their rental status or frequency. A home rented for 25 days a year should not be less safe than one rented for 30 days or more. The safety of occupants should be a paramount concern, and it should not fluctuate based on rental patterns. It's perplexing why homes in commercial zones are exempt from these safety standards. If the intent of the regulation is to ensure the safety and well-being of residents and guests, then this principle should be universally applied. Allowing certain zones or rental frequencies to bypass safety regulations creates a loophole that compromises the overall intent of these laws. Ensuring life safety in all homes, irrespective of their location or rental duration, is not just a matter of regulatory compliance, but a moral imperative to protect the lives and well-being of all individuals who reside in or visit these properties.

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