Bedroom Definition

Written by Tammi Mason Thursday, 04 September 2008 09:37

TOWN OF BREWSTER

BOARD OF HEALTH

LOCAL REGULATION TO SUPPLEMENT TITLE 5

STATE ENVIRONMENTAL CODE

BEDROOM DEFINITION

1.        Authority.  In accordance with Massachusetts General Laws, Chapter 111, Sections 31 and 127A, the Brewster Board of Health hereby adopts the following regulation to supplement the provisions of the State Environmental Code, Title 5:  Standard Requirements for the Siting, Construction, Inspection, Upgrade and Expansion of On-Site Sewage Treatment and Disposal Systems and for the Transport and Disposal of Septage (hereinafter, "Title 5").  These regulations shall take effect on September 1, 2006.

2.        Purpose.  The purpose of this regulation is to provide a greater degree of protection to environmental and public health, to protect groundwater from contamination, prevent the spread of disease, and provide greater clarification of the definition of "bedroom" as that term is used by the Board in applying the provisions of Title 5 and the Brewster Board of Health Regulations pertaining to on-site sewage treatment and disposal systems. This regulation is only intended to assist the Board of Health in sizing a subsurface sewage disposal system; it is not to be applied to other Federal, State or Town Regulations.

3.       To the extent application of this definition will not result in an interpretation less stringent than the provisions of Title 5, the term "bedroom" shall be defined as follows for the purpose of sizing a subsurface sewage disposal system (proposed and existing):

• (a) Any room that meets the definition of a bedroom under Title 5 or any room or enclosed addition with at least 70 square feet of floor area and a window, other than a kitchen, dining room, living room, bathroom, hallway space.
• (b) Notwithstanding the foregoing, any dwelling with six (6) rooms shall be construed to have at least three (3) bedrooms. Any dwelling with seven (7) rooms shall be construed to have at least four (4) bedrooms. Any dwelling with eight (8) rooms shall be construed to have at least four (4) bedrooms. Any dwelling with nine (9) rooms shall be construed to have at least five (5) bedrooms. Dwellings that have ten (10) rooms or more shall be determined by dividing the total number of rooms excluding bathrooms, hallways, unfinished cellars and unheated storage areas, by two (2) and then rounding down to the next lowest whole number.
• (c) Any room other than a kitchen, dining room, bathroom or hallway in excess of 400 square feet shall be considered two rooms.
• (d) All lofts, finished basements and rooms with cased openings shall be considered rooms for the purposes of this definition.

4.        Design Flows.  An applicant must design and install systems using design flows for the number of bedrooms determined hereunder unless the Brewster Board of Health makes the specific determination, after a public hearing, that a system using design flows for a smaller number of bedrooms will not negatively impact the public health , safety, welfare or the environment and unless the Board of Health approves an appurtenant deed restriction, running with the land and in favor of the Board, limiting the property to the smaller number of bedrooms.

5.        Floor Plans and Inspections.  In order to determine compliance with any provision of the foregoing regulation, a floor plan must be filed with the Brewster Board of Health for the Health Agent to make a determination as to bedroom count.  If the Health Agent deems it necessary, he or she may refer the determination of the bedroom count to the Board of Health for a vote.  If the Board of Health, by a majority vote of its members, deems that an inspection of an existing residence would be helpful to confirm the bedroom count, the Health Agent shall have the authority to inspect the premises and report back to the Board his or her findings.

Adopted: May 23, 2006

Effective: September 1, 2006

Amended: October 17, 2006

Effective: Upon Publication

Amended: July 22, 2008

Effective: Upon Publication

                                                                   Joanne Hughes, Chairman

                                                                                                                      Board

                                                                    Dan Brightman, Vice Chairman              Of

                                                                                                                      Health

                                                                   James Reynolds

                                                                   Keith Johnson

                                                                   Andrew Petty

Mildred Unger, Town Clerk