Occupancy Limits: Apex vs Cary

How many guests can stay at my Apex Airbnb?

Apex does not codify a short-term-rental-specific occupancy cap such as a 'two persons per bedroom plus two' formula. Maximum guests are governed by the underlying Apex Housing Code in Code of Ordinances Chapter 5, Article VII and the North Carolina State Building Code as applied to the dwelling: each rentable bedroom must have code-conforming egress (door or egress window meeting NC State Building Code), smoke alarms in each bedroom and on each floor, and CO detectors near sleeping areas where required. Industry-norm house rules typically cap guests at two per bedroom; this is reasonable practice even though it is not codified. Confirm any HOA covenant occupancy rules separately.

Does Apex inspect short-term rentals before guests stay?

Not as a routine matter, because Apex does not have an STR-specific permit program that would require pre-listing inspection. North Carolina G.S. 160D-1207(c) preempts Apex from requiring rental permits or registration except for chronic-violator properties (4+ verified Article 11/12 violations in 12 months or 2+ in 30 days). The Apex Inspections Department can respond to complaints under the Apex Housing Code (Code Chapter 5, Article VII) and the NC State Building Code, and can require corrective action; repeated verified violations pull the property into the 160D-1207(c) chronic-violator registration pathway with a $500/year fee cap.

What life-safety equipment does an Apex STR need?

Even without an STR-specific permit program, the North Carolina State Building Code applies: smoke alarms must be installed in each bedroom and on each floor; carbon monoxide detectors must be placed near sleeping areas in dwellings with fuel-burning appliances or attached garages; each bedroom must have a code-conforming egress (a door to the exterior or an egress window meeting size and sill-height standards); fire extinguishers are strongly recommended even where not strictly required for the dwelling type. The Apex Inspections Department enforces these standards by complaint and inspection. Operators should test and document the equipment before each guest stay.

Does Cary limit how many guests my Airbnb can host?

No. The Town of Cary has not adopted a short-term rental ordinance and does not impose a per-bedroom or per-property guest cap. Overnight occupancy is governed by the state building code sleeping-room minimums and by any HOA covenants on your lot, and Cary's noise and nuisance rules still apply to all guests.

Why doesn't Cary just require an STR registration with an occupancy limit?

N.C. Gen. Stat. 160D-1207(c) prevents North Carolina cities from requiring an owner to register a residential rental or to enroll in a program as a condition of receiving a certificate of occupancy, outside of narrow chronic-violator situations. After Schroeder v. City of Wilmington, that provision has been read to preempt local STR registration regimes.