In Massachusetts, the occupancy rules state that no more than 5 unrelated individuals can live together in a single dwelling unit. This includes apartments, houses, and any other type of housing.
Are you a landlord, tenant, or property manager in Massachusetts? If so, you might be wondering about the occupancy rules that apply to your building or dwelling.
How many people can live in a certain space? What are the minimum requirements for safety and comfort? How do you comply with the state and local regulations?
In this blog post, we will answer these questions and more. We will give you an overview of the occupancy rules in Massachusetts, explain how they differ for various types of dwellings and spaces, and provide some tips on how to stay updated and compliant with these rules.
Overview of Occupancy Rules in Massachusetts
The occupancy rules in Massachusetts are the set of regulations that govern how many people can occupy a building or a dwelling unit, and what are the minimum standards for safety, health, and comfort.
Massachusetts occupancy rules are based on the Massachusetts State Building Code and the Massachusetts Sanitary Code, as well as any additional local ordinances or bylaws.
The main purpose of these rules is to ensure that buildings and dwellings are safe, sanitary, and suitable for human habitation.
They also aim to prevent overcrowding, fire hazards, health risks, and environmental problems.
The occupancy rules apply to all types of buildings and dwellings, including residential, commercial, industrial, and mixed-use.
Some of the key components of the Massachusetts occupancy rules are:
- Classification of buildings and dwellings according to their use and occupancy group.
The building code divides buildings and dwellings into 10 major groups (A through U), based on their intended use and the level of fire safety and relative hazard involved.
For example, Group A includes assembly occupancies such as theaters, restaurants, and churches; Group R includes residential occupancies such as apartments, hotels, and dormitories; Group U includes utility and miscellaneous occupancies such as barns, sheds, and carports. - Determination of maximum occupancy for each building or dwelling unit. The maximum occupancy is the maximum number of people that can legally occupy a building or dwelling unit at any given time.
The maximum occupancy depends on several factors, such as the square footage, the number of rooms and room sizes, the safety and fire codes, the available amenities and utilities, the local municipality regulations, and the age and condition of the building. - Enforcement of minimum requirements for each building or dwelling unit. The minimum requirements are the minimum standards that each building or dwelling unit must meet to be considered safe, sanitary, and habitable.
The minimum requirements include provisions for ventilation, lighting, heating, plumbing, electrical systems, fire protection systems, emergency exits, smoke detectors, carbon monoxide detectors, pest control, garbage disposal, maintenance, repairs, and inspections.
Types of Dwellings and Their Specific Rules
Residential Dwellings
Residential dwellings are dwellings that are used for living purposes by one or more persons. They include:
- Single-family homes
- Duplexes
- Townhouses
- Apartments
- Condos
- Co-ops
- Mobile homes
- Hotels
- Motels
- Bed-and-breakfasts
- Boarding houses
- Dormitories
- Shelters
Requirements
Residential dwellings must comply with the general occupancy rules as well as the specific requirements for their occupancy group ® in the building code. Some of these requirements are:
- Each dwelling unit must have at least one room that is used for living purposes (not including bathrooms or kitchens) with a minimum floor area of 150 square feet for one occupant plus 100 square feet for each additional occupant.
- Each bedroom must have a minimum floor area of 70 square feet for one occupant plus 50 square feet for each additional occupant.
- Each dwelling unit must have at least one bathroom with a toilet, sink, and bathtub or shower.
- Each dwelling unit must have a kitchen with a sink, stove, oven, refrigerator, and adequate storage space.
- Each dwelling unit must have adequate ventilation, lighting, heating, plumbing, electrical systems, fire protection systems, emergency exits, smoke detectors, carbon monoxide detectors, pest control, garbage disposal, maintenance, repairs, and inspections.
Exceptions
Some residential dwellings may have different or additional rules depending on their specific characteristics or circumstances. For example:
- Accessory dwelling units (ADUs) are secondary dwelling units that are located on the same lot as a primary dwelling unit. They may be attached or detached from the primary dwelling unit. ADUs are allowed in some municipalities in Massachusetts, subject to certain conditions and restrictions. For example, ADUs may have a lower minimum floor area, a different maximum occupancy, or a different parking requirement than the primary dwelling unit.
- Short-term rentals are residential dwellings that are rented for a period of 31 consecutive days or less. Short-term rentals are regulated by the state and local authorities in Massachusetts, and they must comply with certain tax, insurance, registration, inspection, and safety requirements. For example, short-term rentals must have liability insurance of at least $1 million per occurrence, must register with the state and local authorities, and must undergo periodic inspections.
- Group homes are residential dwellings that provide housing and services to people with special needs, such as the elderly, the disabled, the mentally ill, or the recovering addicts. Group homes are licensed and regulated by the state and local authorities in Massachusetts, and they must comply with certain standards and criteria for their operation and management. For example, group homes must have a qualified staff, a written program plan, a resident agreement, a grievance procedure, and a quality assurance system.
Commercial Spaces
Commercial spaces are spaces that are used for business purposes by one or more persons. They include:
- Offices
- Retail stores
- Restaurants
- Bars
- Salons
- Gyms
- Clinics
- Schools
- Libraries
- Museums
- Theaters
Requirements
Commercial spaces must comply with the general occupancy rules as well as the specific requirements for their occupancy group (A, B, E, I, or M) in the building code. Some of these requirements are:
- Each commercial space must have a designated occupant load, which is the maximum number of people that can occupy the space at any given time. The occupant load is determined by dividing the floor area of the space by the occupant load factor, which is a number that represents the average amount of space occupied by one person for a given use or activity.
- Each commercial space must have adequate means of egress, which are the paths that lead from any point in the space to a public way. The means of egress must include exits, exit access,
- exit discharge, corridors, stairs, ramps, doors, signs, lighting, and emergency systems.
- Each commercial space must have adequate fire protection systems, which are the systems that detect, control, or extinguish fires. The fire protection systems may include sprinklers, standpipes, fire alarms, smoke detectors, fire extinguishers, fire doors, fire walls, fire barriers, and fire partitions.
Exceptions
Some commercial spaces may have different or additional rules depending on their specific characteristics or circumstances. For example:
Assembly spaces are commercial spaces that are used for gatherings of people for civic, social, religious, recreational, educational, or entertainment purposes. They include theaters, auditoriums, concert halls, stadiums, arenas, churches, schools, libraries, museums, restaurants, bars, nightclubs, and casinos. Assembly spaces must comply with the specific requirements for their occupancy group (A) in the building code. Some of these requirements are:
- Assembly spaces must have a minimum clear ceiling height of 12 feet.
- Assembly spaces must have a minimum aisle width of 36 inches for seats without fixed armrests and 42 inches for seats with fixed armrests.
- Assembly spaces must have a minimum distance of 12 inches between rows of seats.
- Assembly spaces must have a minimum number of exits based on their occupant load and floor area.
Educational spaces are commercial spaces that are used for educational purposes by six or more persons for four or more hours per day. They include schools, colleges, universities, daycare centers, preschools, and training facilities. Educational spaces must comply with the specific requirements for their occupancy group (E) in the building code. Some of these requirements are:
- Educational spaces must have a minimum clear ceiling height of 7 feet 6 inches.
- Educational spaces must have a minimum floor area of 20 square feet per occupant for classrooms and 15 square feet per occupant for other areas.
- Educational spaces must have a minimum number of exits based on their occupant load and floor area.
- Educational spaces must have adequate ventilation, lighting, heating, plumbing, electrical systems, fire protection systems, emergency exits, smoke detectors, carbon monoxide detectors, pest control, garbage disposal, maintenance, repairs, and inspections.
Industrial Spaces
Industrial spaces are spaces that are used for industrial purposes by one or more persons. They include:
- Factories
- Warehouses
- Workshops
- Laboratories
- Power plants
- Refineries
Requirements
Industrial spaces must comply with the general occupancy rules as well as the specific requirements for their occupancy group (F or H) in the building code. Some of these requirements are:
- Each industrial space must have a designated occupant load, which is the maximum number of people that can occupy the space at any given time. The occupant load is determined by dividing the floor area of the space by the occupant load factor, which is a number that represents the average amount of space occupied by one person for a given use or activity.
- Each industrial space must have adequate means of egress, which are the paths that lead from any point in the space to a public way. The means of egress must include exits, exit access, exit discharge, corridors, stairs, ramps, doors, signs, lighting, and emergency systems.
- Each industrial space must have adequate fire protection systems, which are the systems that detect, control, or extinguish fires. The fire protection systems may include sprinklers, standpipes, fire alarms, smoke detectors, fire extinguishers, fire doors, fire walls, fire barriers, and fire partitions.
Exceptions
Some industrial spaces may have different or additional rules depending on their specific characteristics or circumstances. For example:
Factory spaces are industrial spaces that are used for assembling, disassembling, fabricating, finishing, manufacturing, packaging, repairing, or processing operations. They include factories, workshops, and laboratories. Factory spaces must comply with the specific requirements for their occupancy group (F) in the building code. Some of these requirements are:
- Factory spaces must have a minimum clear ceiling height of 12 feet.
- Factory spaces must have a minimum floor area of 50 square feet per occupant for light work and 100 square feet per occupant for medium or heavy work.
- Factory spaces must have a minimum number of exits based on their occupant load and floor area.
High-hazard spaces are industrial spaces that involve the manufacturing, processing, generation, storage, use, or disposal of materials that pose a high risk of fire, explosion, toxicity, or radiation. They include power plants, refineries, chemical plants, and nuclear facilities. High-hazard spaces must comply with the specific requirements for their occupancy group (H) in the building code. Some of these requirements are:
- High-hazard spaces must have a minimum clear ceiling height of 15 feet.
- High-hazard spaces must have a minimum floor area of 300 square feet per occupant.
- High-hazard spaces must have a minimum number of exits based on their occupant load and floor area.
- High-hazard spaces must have special provisions for ventilation, containment, separation, protection, detection, control, and mitigation of hazardous materials.
Mixed-Use Buildings
Mixed-use buildings are buildings that contain more than one type of occupancy group. They may include residential dwellings, commercial spaces, industrial spaces, or any combination thereof.
Requirements
Mixed-use buildings must comply with the general occupancy rules as well as the specific requirements for each occupancy group in the building code. Some of these requirements are:
- Each mixed-use building must have a designated occupant load for each occupancy group and for the entire building. The occupant load is determined by adding up the occupant loads of each individual space within the building.
- Each mixed-use building must have adequate means of egress for each occupancy group and for the entire building. The means of egress must provide safe and separate paths from each space to a public way. The means of egress may include horizontal exits, vertical exits, exit passageways, exit enclosures, exit courts, and exit balconies.
- Each mixed-use building must have adequate fire protection systems for each occupancy group and for the entire building. The fire protection systems must prevent the spread of fire and smoke between different occupancy groups and provide adequate notification and suppression in case of an emergency. The fire protection systems may include automatic sprinklers, automatic fire alarms, smoke control systems, fire dampers, fire walls, fire barriers, and fire partitions.
Exceptions
Some mixed-use buildings may have different or additional rules depending on their specific characteristics or circumstances. For example:
- Live-work units are mixed-use buildings that combine residential and commercial uses within a single dwelling unit. They may include studios, lofts, offices, shops, galleries, or salons. Live-work units are allowed in some municipalities in Massachusetts, subject to certain conditions and restrictions. For example, live-work units may have a lower minimum floor area, a different maximum occupancy, or a different parking requirement than regular residential or commercial units.
- Historic buildings are mixed-use buildings that are designated as historic landmarks or located within historic districts. They may include churches, schools, libraries, museums, theaters, or residences. Historic buildings are subject to special regulations and incentives in Massachusetts, which aim to preserve their historic character and value. For example, historic buildings may have different or reduced requirements for accessibility, energy efficiency, fire protection, or structural safety.
Determining Maximum Occupancy for Residential Dwellings
There is no simple formula or rule of thumb for calculating the maximum occupancy for residential dwellings.
However, there are some general guidelines and steps that can help you estimate it. Here are some of them:
Step 1
Check the state building code and sanitary code for the minimum requirements for residential dwellings.
These codes provide the minimum standards for safety, health, and comfort that each residential dwelling unit must meet to be considered habitable.
Some of these standards are:
- Each dwelling unit must have at least one room that is used for living purposes (not including bathrooms or kitchens) with a minimum floor area of 150 square feet for one occupant plus 100 square feet for each additional occupant.
- Each bedroom must have a minimum floor area of 70 square feet for one occupant plus 50 square feet for each additional occupant.
- Each dwelling unit must have at least one bathroom with a toilet, sink, and bathtub or shower.
- Each dwelling unit must have a kitchen with a sink, stove, oven, refrigerator, and adequate storage space.
- Each dwelling unit must have adequate ventilation, lighting, heating, plumbing, electrical systems, fire protection systems, emergency exits, smoke detectors, carbon monoxide detectors, pest control, garbage disposal, maintenance, repairs, and inspections.
Step 2
Check the local municipality regulations for any additional or different requirements for residential dwellings.
Each municipality in Massachusetts may have its own ordinances or bylaws that regulate the occupancy of residential dwellings within its jurisdiction.
These regulations may vary depending on the type, location, size, age, or condition of the dwelling.
Some of these regulations may include:
- A limit on the number of unrelated persons that can live together in a single dwelling unit.
- A limit on the number of occupants per bedroom or per square foot of floor area.
- A requirement for a minimum amount of open space or green space per dwelling unit.
- A requirement for a minimum number of parking spaces per dwelling unit.
- A requirement for a special permit or license for certain types of dwellings or uses.
Step 3
Calculate the maximum occupancy based on the state and local requirements.
Once you have checked the state and local requirements for residential dwellings, you can calculate the maximum occupancy by applying the most restrictive rule among them.
For example, if you have a dwelling unit with a living room of 200 square feet, a bedroom of 100 square feet, a bathroom, and a kitchen, and the state code requires 150 square feet for one occupant plus 100 square feet for each additional occupant, and the local code limits the number of unrelated persons to four per dwelling unit, then the maximum occupancy would be:
- Based on the state code: (200 + 100) / 100 = 3 occupants
- Based on the local code: 4 occupants
- The most restrictive rule is the state code, so the maximum occupancy is 3 occupants.
You can use this method to estimate the maximum occupancy for any residential dwelling unit in Massachusetts.
However, keep in mind that this is only an approximation and not a definitive answer.
The actual maximum occupancy may vary depending on the specific characteristics and circumstances of each dwelling unit.
Therefore, it is always advisable to consult with the state and local authorities before making any decisions or changes regarding the occupancy of your dwelling unit.
Factors Impacting Occupancy Rules in Massachusetts
Square Footage:
The square footage is the total area of the floor space of a building or a dwelling unit.
The square footage determines the occupant load factor, which is the average amount of space occupied by one person for a given use or activity.
The occupant load factor is used to calculate the maximum occupancy for each building or dwelling unit. The higher the square footage, the higher the maximum occupancy.
Number of Rooms and Room Sizes:
The number of rooms and room sizes are the dimensions and divisions of the floor space of a building or a dwelling unit.
The number of rooms and room sizes determine the minimum floor area for each room and for each occupant.
The minimum floor area is the minimum amount of space required for each room and for each occupant to be considered habitable.
The higher the number of rooms and room sizes, the higher the minimum floor area, and the lower the maximum occupancy.
Safety and Fire Codes:
The safety and fire codes are the set of regulations that govern the prevention and protection of fires and other hazards in buildings and dwellings.
The safety and fire codes determine the minimum requirements for ventilation, lighting, heating, plumbing, electrical systems, fire protection systems, emergency exits, smoke detectors, carbon monoxide detectors, pest control, garbage disposal, maintenance, repairs, and inspections.
The higher the safety and fire codes, the higher the minimum requirements, and the lower the maximum occupancy.
Available Amenities and Utilities:
The available amenities and utilities are the facilities and services that are provided or accessible to the occupants of a building or a dwelling unit.
The available amenities and utilities determine the level of comfort and convenience for the occupants.
The available amenities and utilities may include water supply, sewerage system, gas supply, electricity supply, internet access, cable TV, telephone service, laundry service, parking space, elevator service, security service, gym service, pool service, etc.
The higher the available amenities and utilities, the higher the level of comfort and convenience, and the higher the maximum occupancy.
Local Municipality Regulations:
The local municipality regulations are the rules and policies that are enacted by the local government authorities that have jurisdiction over a building or a dwelling unit.
The local municipality regulations may impose additional or different requirements for occupancy than the state regulations.
The local municipality regulations may vary depending on the type, location, size, age, or condition of the building or dwelling unit.
The higher the local municipality regulations, the lower or higher the maximum occupancy, depending on the specific rule.
Age and Condition of the Building:
The age and condition of the building are the factors that reflect the quality and durability of the structure and materials of a building or a dwelling unit.
The age and condition of the building determine the level of safety and maintenance for the occupants.
The older or poorer the age and condition of the building, the lower the level of safety and maintenance, and the lower the maximum occupancy.
Access to Emergency Exits:
The access to emergency exits is the factor that measures the ease and speed of evacuation in case of an emergency in a building or a dwelling unit.
The access to emergency exits determines the minimum requirements for means of egress, which are the paths that lead from any point in a building or a dwelling unit to a public way.
The means of egress include exits, exit access, exit discharge, corridors, stairs, ramps, doors, signs, lighting, and emergency systems.
The higher the access to emergency exits, the higher the minimum requirements for means of egress, and the lower the maximum occupancy.
Presence of Hazardous Materials:
The presence of hazardous materials is the factor that indicates the existence and exposure of materials that pose a high risk of fire, explosion, toxicity, or radiation in a building or a dwelling unit.
The presence of hazardous materials determines the special provisions for ventilation, containment, separation, protection, detection, control, and mitigation of hazardous materials.
The higher the presence of hazardous materials, the higher the special provisions, and the lower the maximum occupancy.
Special Requirements for Vulnerable Populations (e.g., elderly, children):
The special requirements for vulnerable populations are the factors that consider the needs and preferences of people who may have physical, mental, or emotional limitations or challenges in a building or a dwelling unit.
The special requirements for vulnerable populations determine the additional or different requirements for accessibility, comfort, convenience, safety, health, and welfare for these people.
The special requirements for vulnerable populations may include ramps, handrails, grab bars, elevators, wheelchair lifts, lowered counters, wider doors, larger bathrooms, non-slip floors, visual alarms, audible alarms, braille signs, large-print signs, etc.
The higher the special requirements for vulnerable populations, the higher or lower the maximum occupancy, depending on the specific requirement.
How do mixed-use buildings handle occupancy rules?
Mixed-use buildings are buildings that contain more than one type of occupancy group, such as residential dwellings, commercial spaces, industrial spaces, or any combination thereof.
Mixed-use buildings must comply with the general occupancy rules as well as the specific requirements for each occupancy group in the building code.
They must also comply with any additional or different requirements imposed by the local municipality regulations.
Mixed-use buildings must have a designated occupant load for each occupancy group and for the entire building, and they must have adequate means of egress and fire protection systems for each occupancy group and for the entire building.
FAQs About Occupancy Rules in Massachusetts
How often do the occupancy rules change in Massachusetts?
The occupancy rules in Massachusetts may change periodically depending on the updates and revisions of the state and local regulations.
Do these rules differ in other states?
Yes, these rules may differ in other states, as each state has its own building code and sanitary code that regulate the occupancy of buildings and dwellings. Some states may have more or less stringent requirements than Massachusetts, depending on their climate, geography, population, economy, culture, and history.
Are there penalties for violating occupancy rules?
Yes, there are penalties for violating occupancy rules in Massachusetts. The penalties may vary depending on the severity and frequency of the violation, and they may include fines, citations, orders, injunctions, suspensions, revocations, or criminal charges.
How can landlords or property managers stay updated on the rules?
Landlords or property managers can stay updated on the occupancy rules in Massachusetts by regularly checking the official websites of the state and local authorities that regulate the occupancy of buildings and dwellings.
Conclusion
In this blog post, we have given you an overview of the occupancy rules in Massachusetts, explained how they differ for various types of dwellings and spaces, and provided some tips on how to stay updated and compliant with these rules.
We hope that this post has helped you gain a better understanding of the occupancy rules in Massachusetts and how they affect you.
However, keep in mind that this post is only a general guide and not a legal advice. The actual occupancy rules may vary depending on the specific characteristics and circumstances of each building or dwelling unit.
Reference
https://www.mass.gov/regulations/830-CMR-64g11-massachusetts-room-occupancy-excise