Mass state building codes have been recently updated regarding the requirement of Automatic Sprinkler Systems in lodging or boarding houses in Massachusetts. Thanks to Eric Steuernagle who brought this to our attention as a topic in the construction supervisor’s license renewal coursework. Also thanks to Mike Shepard for locating a very helpful document that outlines the new requirements clearly. The most notable part is that automatic sprinkler systems are mandated for lodging or boarding houses that can be let to 6 or more persons – and that includes such short term rentals in limited situations, according to the Q&A.
8. Is a sprinkler system required if a home or building is rented on a hosting platform such as Air B n B or VRBO?
Yes. If the home or units can be let to six or more persons not within the second degree of kindred to the person conducting it. Specifically for these types of rentals, they fit within the definition of a “lodging house” or “boarding house” as the platform allows lessors to advertise, list or offer the use of the property, to collect the payment of rent (typically in a single payment) on an accommodation and allows a person or people to arrange, book, reserve, or rent space at the subject property for short or long terms.
Mike cautions that there could be some potential liability for an agent representing a buyer or a seller using a property for an AirBNB to disclose these new requirements. We are evaluating the impacts, especially if the seller is advertising the property as usable for an AirBNB or the Buyer is telling their broker that they are looking for this type of property. Stay tuned, but check in with your broker on how best to handle the listing and selling these types of property in the meantime.
It is worth noting that Massachusetts Fire Safety Commission Sprinkler Appeal Board developed guidance consistent with the language of the statute, legislative intent, related cases and common sense. Read this Entire Advisory regarding M.G.L. c. 148, s. 26H