HomeMy WebLinkAbout06-04-23 Public Comment - M. Egge - Comments for Community Development Board, re_ Ordinance 2131 6_5_2023From:Mark Egge
To:Agenda
Subject:Comments for Community Development Board, re: Ordinance 2131 6/5/2023
Date:Sunday, June 4, 2023 3:52:46 PM
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Members of the Community Development Board,
I'm writing re: Ordinance 2131.
Let me first note that if the City were attempting to deliberately sneak thiscode change through, doing so under a heading such as "Affirmative
Obligations Text Amendment, Ordinance 2131, Application 23174" rather than"Short Term Rental Permitting, Ordinance 2131" would be a highly effective
strategy. When this item goes to City Commission, I would suggest a moredescriptive title that identifies the ordinance as being related to short term
rentals.
Aside from the obfuscatory title, the ordinance seems generally reasonable insupport of improving enforcement of our existing ordinances (which do a good
job of balancing the benefits of STRs in the community versus the loss ofpotential long-term housing).
The only item of concern for me is the new requirement for an inspection bythe fire department once every three years (in addition to the initial fire safety
inspection). These additional inspections will be burdensome and expensive,both for the STR operators and the Fire Department.
Is the city able to furnish examples of existing short term rentals having
developed safety issues since their initial inspection and permitting that wouldwarrant inspection once every 36 months?
Do egress windows shrunk over time? Have penny pinching landlords removed
the fire extinguishers and smoke alarms and GFCI outlets?
I have pasted at the bottom of this message a list of the items that the firedepartment inspects when a STR is initially permitted. I frankly don't see any
items on this list that are likely to change over time in a way that would
suggest triennial inspections are in the public interest.
Requiring a new inspection once every three years adds to the cost ofoperating a STR (particularly for Type II STRs) and seems likely to waste a
bunch of time for the fire department. (If this is a way to extend theinspections beyond just life safety concerns, the Fire Marshall is the wrong
person to be performing the inspections.) The registration fees for a STR arealready significant ($40 for the County health department registration, and
$250 for the City).
In the absence of evidence that there's a meaningful public safety benefit
associated with the fire department performing hundreds of additionalinspections each year, I'd recommend striking this new section of the
ordinance (or, at a minimum, reducing the inspection frequency to once everyfive years).
Finally, let's keep short-term rentals in perspective:
The number of apartments currently under construction in Bozeman
greatly dwarfs the number of existing STRs. Tourism is an important contributor to Bozeman's economy (and STRs are
amenities that tourists seek). Most STRs in Bozeman are owned andoperated by community residents. The City should consider regulating
STRs to be akin to regulating a particular form of tourism-relatedemployment (since this is the economic role that Airbnb serves for many
community members).
Many STRs are not suitable for long-term tenancy (e.g. lack a full kitchen,or are otherwise used by the owner for their own guests and would never
be rented long-term).In some cases, STR revenues can help finance the construction of new
ADUs which may eventually get converted into long-term rentals (andwouldn't otherwise get built).
The charts on Page 47 of the first Governor's Housing Task Force report(https://deq.mt.gov/files/About/Housing/HTF_PhaseI_Final_10142022.pdf)
shows that Bozeman's existing ordinance is working well and the rate ofgrowth of STRs in Bozeman is lower than other communities around the
state. Some updates to the ordinance to improve enforcement seems
warranted, but frankly the City should be celebrating the success of theexisting ordinance and promoting it as a model for other communities to
follow.
Figuring out how to promote the creation of more housing is a far moreproductive place for the Community Development Board and City to
invest its energy than overregulating how a very thin slice of existinghousing units are used. In a housing shortage, more housing of (all types
and uses) is the answer.
Thank you for your consideration.
Mark Egge219 E Story St
Bozeman, MT 59715
Short Term Rental Fire-Safety Inspection Items• Address plainly visible from street, four inch height minimum
• Identify the number of residential kitchens for the listed address. • Wired or wireless interconnected smoke alarms installed and operational in
each sleeping room; also areas giving access to sleeping rooms and on eachlevel including basements
• Carbon Monoxide CO detectors installed and operational outside each
sleeping area near bedrooms in dwellings which have fuel-fired appliances and
dwellings with an attached garage
• Portable fire extinguishers (minimum 2A10BC multi-purpose) accessiblymounted on each level, if more than one level
• Emergency egress windows installed in each sleeping room, minimumdimensions are 5.7 square feet clear opening, height 24 inches, width 20
inches, and maximum 44 inch height from the floor
• Egress windows and exit doors are operable• Exit paths are clear and unobstructed
• Garage is fire separated from dwelling unit and attic area by minimum 1⁄2inch thick gypsum wallboard on garage side and a 20 minute door
• Flammable liquids should be stored in approved containers, quantities andcabinets
• Any electrical outlets within six feet of a sink requires GFCI ground-fault-circuit interrupter protection
• Vertical tank water heaters shall be strapped to resist horizontaldisplacement due to earthquake motion. Minimum 1 1⁄2-inch width straps
should be placed in lower and upper thirds with the lower strap a minimumfour inches above controls
• Handrails shall be provided on at least one side of each continuous run oftreads or stair flight with four or more risers