BMC 20.10.037 imposes a hard per-stay guest cap on every Bellingham STR: no more than two guests, excluding children five years old and under, are permitted per bedroom per guest stay. The bedroom count itself is also capped by permit type: Type I permits (residential-zone primary residence) allow up to two bedrooms; Type II and Type III-A permits (commercial / Urban Village zones) allow up to five bedrooms. Additional occupancy constraints come from the Washington State Building Code (RCW Chapter 19.27 and Chapter 51-50 WAC), which sets occupant loads and means-of-egress requirements. CO alarm certification under RCW 19.27.530 (referenced by RCW 64.37.030) is required for life-safety compliance.
Bellingham's STR occupancy framework operates through three independent caps. First, BMC 20.10.037 sets a flat per-bedroom guest cap that applies city-wide regardless of permit type: 'no more than two guests, excluding children five years old and under, per bedroom are permitted per guest stay.' A two-bedroom Type I STR is therefore capped at four guests plus any children under five; a five-bedroom Type II or Type III-A STR is capped at ten guests plus any children under five. The exclusion for children five and under recognizes that very young children typically sleep with parents and do not need a separate bedroom. Second, the permit type determines the maximum bedroom count an STR can offer: Type I permits in residential zones allow up to two bedrooms, Type II permits in commercial / Urban Village zones allow up to five bedrooms (whether primary residence or otherwise), and Type III-A permits for non-primary residences in commercial / Urban Village zones allow up to five bedrooms. An STR with more bedrooms than the applicable cap cannot be permitted under BMC 20.10.037 and must use a different lodging classification (such as a small lodging house or hotel use). Third, the Washington State Building Code adopted under RCW Chapter 19.27 and Chapter 51-50 WAC sets the underlying occupant load, sleeping-room dimensions, and means-of-egress requirements that apply to every dwelling unit; an STR cannot exceed building-code occupant load even if it has fewer than the per-bedroom guest count. Bellingham's STR application includes a floor plan that must show fire exits and CO alarm placement. RCW 64.37.030 (consumer safety) requires every operator to provide CO alarms compliant with RCW 19.27.530, post emergency information, and provide life-safety information to guests. Owner-occupied residential-zone STRs that exceed the two-bedroom Type I cap or the per-bedroom guest cap convert the use to an unpermitted lodging classification subject to abatement. Compensated events (weddings, parties, retreats) are prohibited in residential zones.
Operating a Bellingham STR with more than two guests per bedroom (excluding children five and under) is a BMC 20.10.037 permit-condition violation enforceable by Planning and Community Development through stop-use orders, civil penalties, and STR permit revocation under BMC Chapter 21.10. Exceeding the per-permit-type bedroom cap (two for Type I; five for Type II / III-A) is an independent violation that disqualifies the operation from the issued permit class. Exceeding the Washington State Building Code occupant load is enforceable by Bellingham Building Services and Fire Department through stop-use orders. Hosting a compensated event in a residential zone STR is a separate permit-condition violation. Chronic over-occupancy that produces noise, parking, or trash impacts can also support an unreasonable-disturbances violation and consideration at permit renewal.
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