Summit County Passes Short-Term Rental Regulations with Responsible Agent Requisite

Throughout the summer and fall of 2018, the Summit County Planning Commission and Summit County Board of County Commissioners met extensively to develop new regulations regarding Summit County short-term rentals.  On December 18, 2018, the Board of County Commissioners conducted a third public hearing and then voted to enact a set of Summit County Short-Term Rental Regulations.  The new Regulations apply to any property that is available for lease or exchange for a term of less than thirty (30) consecutive days and is located in in the unincorporated areas of Summit County,  like Keystone, Wildernest and Copper Mountain.  If your short-term rental property is located within the official town boundaries for Breckenridge, Dillon, Frisco or Silverthorne, the short-term rental ordinances enacted by your specific town would instead apply.

Summit County Responsible Agent
(in areas like Keystone, Wildernest & Copper Mountain)

The Regulations require each owner of a short-term rental property in unincorporated Summit County to designate a person or company to serve as their Responsible Agent. An owner can designate themselves as Responsible Agent.  However, the Regulations also state that a Summit County Responsible Agent must be available 24 hours per day and 7 days per week to respond to potential issues and violations related to the Regulations.  Additionally, the Responsible Agent must be able to affirmatively respond to complaints within just one hour of notification being sent by Summit County.  And, as part of their response, the Regulations also state that a Summit County Responsible Agent “shall respond to the complaint, including visiting the site if necessary.”

Summit County also added a requisite not previously adopted by any of the local towns.  In the event of a fire ban within Summit County, the Regulations require a Responsible Agent to notify renters of the current fire restrictions and provide them with instructions on how to access the Summit County Alert System for real-time information during their stay.

Summit County Short-Term Rental Application & Permit

At least thirty days prior to any advertising for or lease of a short-term rental property in unincorporated Summit County, the owner must file a written application for a short-term vacation rental permit with the County Planning Department.  The Planning Department will review the application and, if in compliance with the Regulations, Summit County will issue a permit.  The County expects that its application materials will include the following:

1. Application form (to be supplied by County);
2. Application fee (as established by the Board of County Commissioners via resolution);
3. Self-Compliance Affidavit, signed by the owner under penalty of perjury, certifying that the short-term vacation rental property is in habitable condition and complies with
   • the health and safety standards set forth in Section 3821.08;
   • the site and operation standards for mitigating community impacts set forth in Section 3821.09; and
   • the advertising requirements set forth in Section 3821.11.
4. A short-term vacation rental Agent and Owner Authorization Form. This form appoints and provides contact information for a designated point of contact, who shall be available 24 hours per day, 7 days per week, in accordance with the requirements set forth in Section 3821.07;
5. Documentation of an adequate water supply and sewer service to serve the proposed use (i.e. special district, well, septic system);
6. A parking plan for the property, which complies with the parking requirements set forth in Section 3821.09.A;
7. A trash disposal plan for the property, which complies with the requirements set forth in Section 3821.09.B;
8. Proof of all required state and local sales tax licenses and personal property tax declaration forms; and
9. A copy of the Good Neighbor Guidelines, signed by the owner, certifying that owner has read and understands the guidelines for responsible operation and will make these guidelines available to all renters in the rental agreement and by posting it in a prominent location within the property.

Occupancy in Summit County Short-Term Rentals

After extensive debate, the Board of County Commissioners determined that it would adopt new occupancy restrictions on short-term rentals in unincorporated Summit County.  In that regard, permitted occupancy  will be limited to the following maximums for each residential unit type:

• Single family, duplex and townhome units (whichever of the following allows for a greater occupancy):
  • two (2) persons per bedroom plus four (4) additional occupants; or
  • 1 person per 200 square feet of living area.
• Condominium units (whichever of the following allows for a greater occupancy):
  • two (2) persons per bedroom plus four (4) additional occupants, or two (2) persons per bedroom plus two (2) additional occupants in buildings with interior egress corridors less than 44 inches wide and without a sprinkler system; or
  • 1 person per 200 square feet of living area.

When a condominium unit contains a County-approved lock-off room, the lock-off room shall be allowed a total of 4 occupants.  And, studio units will be treated as one-bedroom units.

If a short-term rental property contains a loft that meets the County Building Department requirements for a potential sleeping room, it shall be allowed 2 occupants.

If a short-term rental property in unincorporated Summit County is served by served by a septic system, there are additional provisions that apply.  For instance, if it is connected to an On-site Wastewater Treatment System (OWTS), the maximum overnight occupancy of the unit shall be limited to the capacity established on the OWTS permit.  OWTS systems in Summit County are typically designed to accommodate a maximum occupancy of 2 persons per bedroom.  Furthermore, starting in October 2019, septic tanks for short-term property rentals in unincorporated Summit County must be pumped every three years.

Finally, if any proposed short-term vacation rental in unincorporated Summit County proposes an occupancy of 20 or more people, a conditional use permit application is required.

Health & Safety Standards for Summit County Short-Term Rentals

As part of Regulations, the Board of County Commissioners also mandated that all short-term rentals in unincorporated Summit County meet some minimum health and safety standards.  They include the following:

• Buildings, structures or rooms shall not be used for purposes other than those for which they were designed or intended;
• Roofs, floors, walls, foundations, ceilings, stairs, handrails, guardrails, doors, porches, all other structural components and all appurtenances thereto shall be capable of resisting any and all forces and loads to which they may be normally subjected, and shall be kept in sound condition and good repair;
• Smoke detectors, carbon monoxide detectors and fire extinguishers shall be installed and operable;
• All wood-burning fireplaces and stoves shall be cleaned on an annual basis;
• An operable toilet, sink, and either bathtub or shower shall be located within the same building, and every room containing a toilet or bathtub/shower shall be completely enclosed by walls, doors, or windows that will afford sufficient privacy;
• There shall be a sufficient number of trash receptacles to accommodate all trash generated by those occupying the short-term vacation rental property;
• Outdoor fire pits shall be permanently installed improvements that are permitted and inspected by the applicable fire district and/or the County Building Department, if required per applicable building and fire code requirements. The use of portable outdoor fireplaces is prohibited;
• Electrical panels shall be clearly labeled;
• All short-term rental properties shall have reliable cellular or VoIP service available or provide access to a landline telephone to enable tenants to call 911 in the event of an emergency; and
• All hot tub & spa installations require both a building permit and an electrical permit from the County Building Department.  Hot tubs, spas and swimming pools shall be properly maintained in a way to prevent the spread of illness.

Short-Term Rental Violations

If an initial complaint regarding a Summit County short-term rental is not resolved, a formal complaint may be filed with the Planning Department.  Formal complaints shall be signed by an individual and subject to public inspection.  No anonymous formal complaints shall be accepted.  Within three days, the County will provide the Complaint to the short-term rental owner or agent.  The County will then investigate the Complaint.  Summit County notes in the Regulations that its philosophy is first to educate and inform property owners or residents of the violation and provide them with an opportunity to correct the situation to comply with the requirements of this Code.  If violations are not corrected or if there are repeat offenders of Code requirements, Summit County will then pursue more formal action.  Penalties include the possibility of suspension or revocation of a short-term rental permit.

Effective Date

As of the date of publication of this post, members of the County staff anticipate the following timeline for rolling out the its online short-term rental (“STR”) permitting system for the unincorporated areas of Summit County:

• Late February 2019 – The STR permitting system will go “live” and the County will begin accepting and processing STR permit applications
• June 1, 2019 – Required deadline for a STR permit application to be submitted to the County for any STR unit
• June 30, 2019 – On this date, if a STR is found to be operating without the required County STR permit, it shall be considered a violation

 

In the most cost-effective way possible, Summit Local Agent aims to help you comply with the County’s new Regulations, by serving as your Summit County Responsible Agent.