[HISTORY: Adopted by the Town Council of the Town of Bar
Harbor 9-7-2021 by Ord. No. 2021-06. Amendments noted where applicable.]
The purpose of this chapter is to ensure that the quality of
short-term rentals (herein "STR") within the Town of Bar Harbor is
adequate for protecting the health, safety and welfare of occupants
of STRs and of the community.
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.
Text box aids. The text boxes are not part of this chapter but placed
there to assist the reader in understanding and complying with this
chapter.
C.
Cross-references. Information is cross-referenced for the convenience
of the reader. Any omissions or misreferences 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.
A 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.
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)
Registration number;
(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 owner; and
(5)
The name, email address, and telephone number of a local contact
(if different from the owner) who will be available to respond to
problems and emergencies.
D. 
The registration number shall be posted on 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.
I.
To register as a VR-1, the property owner shall attest and provide
reasonable documentation demonstrating that the subject property is
the owner's primary residence such as tax returns and driver's license.
A. 
Terms. All registrations expire on May 31 of each year, per § 125-69Y(1)(a).
B.
Maximum number of registrations. Refer to § 125-69Y(1)(b).
C.
Transfer of registration. Refer to § 125-69Y(1)(c).
D.
Transition from VR to VR-1 or VR-2. Refer to § 125-69Y(2)(a).
A.
Applications. All applications for STR registrations shall be filed
with the CEO on forms provided for this purpose.
B.
Fee. The nonrefundable registration fee must be paid at the time
the application is filed.
C.
Renewal. Refer to § 125-69Y(2)(b).
D.
Registration wait list (VR-2 9% cap).
(1)
The CEO shall maintain a registration wait list for VR-2s.
(2)
To be on the registration wait list, the owner must have submitted
a complete registration application.
(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 wait list.
The applicant(s) will have 120 days to secure the registration, including
but not limited to passing the required inspection.
(4)
If, for any reasons, the applicant does not obtain the registration
within 120 days, the VR-2 slot shall be offered to the next owner
on the registration wait list.
E.
The Code Enforcement Office shall issue a registration to the property
owner if the dwelling unit has met all requirements of this chapter.
F.
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.
G.
Having secured a registration does not relieve the property owner
from the obligation to obtain any additional permits necessary for
the use.
H.
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.
B.
All STRs shall comply with the following minimum codes and safety
standards in order to operate:
[Amended 8-3-2022 by Ord. No. 2022-05]
(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 shall not be used for sleeping
purposes.
(a)
A minimum ceiling height of 7 feet as required by section R305
of the 2015 International Residential Code (IRC), as amended.
(b)
Minimum room size as required by section R304 of the 2015 International
Residential Code (IRC), as amended.
(c)
Emergency and escape opening complying with section R310 of
the 2015 International Residential Code (IRC), as amended.
(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 4 feet X 4 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 2015 International Residential
Code (IRC) as amended.
(f)
Smoke and carbon monoxide alarm(s) installed in accordance with
sections R314 and R315 of the 2015 International Residential Code
(IRC), as amended.
(g)
All required smoke and carbon monoxide alarms shall be interconnected
in accordance with sections R314.4 and R315.5 of the 2015 International
Residential Code (IRC), as amended.
(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 2015 International Residential Code (IRC), as
amended.
(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)
Additional Safety Standards. The following additional minimum 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 the most recently adopted edition
of NFPA 10.
(d)
Smoke alarms and carbon monoxide alarms installed in accordance with
sections R314 and R315 of the 2015 International Residential Code
(IRC), as amended.
(e)
All stairways, steps, landings, handrails, and guardrails shall be
installed and maintained in accordance with section R311 of the 2015
International Residential Code (IRC). Full compliance with the requirements
of section R311 is not required where a property owner can demonstrate
to the Authority Having Jurisdiction (AHJ) 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 2015 International Residential Code (IRC), as amended.
A.
It shall be a violation of this chapter for any person to advertise
for rent, rent, or operate an STR without a valid registration. If,
after investigation, the Code Enforcement Officer finds that an STR
is being advertised for rent (or is being rented) without a valid
registration, written notice shall be given by certified mail, return
receipt requested, of such violation to the property owner. A copy
of such notice shall be submitted to the Town Council and shall be
maintained as a permanent record. This violation shall prohibit the
property owner from applying for an STR registration, including an
application for the waitlist, until payment of the applicable fine
has been made. The fine for operating without a valid registration
shall be $1,500. Should the Code Enforcement Officer 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.
[Amended 3-7-2023 by Ord. No. 2023-02]
B.
Violation of registration.
(1)
The Code Enforcement Officer shall investigate all alleged violations
and enforce the provisions of this chapter and the terms and conditions
of the registration. If, after investigation, the Code Enforcement
Officer finds that any provision of this chapter or any term or condition
of any registration granted under this chapter is being violated,
written notice shall be given by certified mail, return receipt requested,
of such violation to the owner and to any other person responsible
for such violation, indicating the nature of the violation and ordering
that action necessary to correct it be taken within a reasonable time
determined by the Code Enforcement Officer. A copy of such notice
shall be submitted to the Town Council and shall be maintained as
a permanent record.
(2)
If, after notice given pursuant to § 174-9B(1), the violation is not abated or corrected within the specified time, the Code Enforcement Officer shall report same to the Town Council. The Code Enforcement Officer's report shall indicate the additional enforcement actions under consideration and whether the Town Attorney has been consulted or will subsequently be involved. At its next meeting, the Town Council shall vote to accept the Code Enforcement Officer's report. The Town Council shall not entertain comment from the person alleged to have violated this chapter nor shall it take any evidence relating to whether a violation has in fact occurred.
C.
Suspension and revocation of registration.
(1)
Suspension - minor violation. The Code Enforcement Officer shall suspend a registration for failure to correct a violation, per § 174-9B. The suspension may not exceed three months. Operation of the STR during the period of suspension shall be a violation subject to a fine of $500 per day.
(2)
Suspension - major violation. After three of more of the following: substantiated disorderly events as defined in Chapter 64 or other violations of this chapter in a twenty-four-month period, the Code Enforcement Officer, shall suspend a registration for a minimum of three months and a maximum of 12 months. Minor and major violations can be either concurrent or cumulative. Operation of the STR during the period of suspension shall be a violation subject to a fine of $500 per day.
D.
Revocation. In cases of recurring major violations or in certain
cases of criminal activity at the STR property, the Code Enforcement
Officer may revoke a registration.
In accordance with the process outlined in § 125-103, the Board of Appeals 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, or 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.
