Farmington Hills does not codify a single short-term-rental-specific occupancy formula (like 'two per bedroom plus two') separate from the general housing code framework. Maximum occupancy at a registered owner-occupied STR is governed by Chapter 9 (Community Development) Article II (Housing Code) standards and by the Michigan Building Code as adopted by the city: minimum sleeping-room sizes, code-conforming egress from each bedroom (door to exterior or egress window meeting Michigan Residential Code size and sill-height requirements), smoke alarms in each bedroom and on each floor, and CO detectors near sleeping areas in dwellings with fuel-burning appliances or attached garages (MCL 125.1504c). The property maintenance inspection at initial registration and at each 3-year Certificate of Compliance renewal verifies these standards. Operators must size guest capacity to rooms actually designed and built as bedrooms with code-conforming egress; marketing dens, basements without egress, or lofts as sleeping space can result in inspection failure and certificate non-renewal.
The Farmington Hills Code of Ordinances regulates dwelling occupancy through Chapter 9 (Community Development), Article II (Housing Code), and through the city's adoption of the Michigan Residential Code and Michigan Building Code (as required by the Stille-DeRossett-Hale Single State Construction Code Act, MCL 125.1501 et seq.). The framework does not impose a single STR-specific occupancy cap (such as the 'two persons per bedroom plus two' formula used in some other Michigan jurisdictions), but it does impose a series of generally-applicable standards that effectively cap guest counts at each rentable dwelling. The Michigan Residential Code R304 requires habitable rooms (including bedrooms) to be not less than 70 square feet and not less than 7 feet in any horizontal dimension; sleeping rooms accommodating more than one occupant require additional area. Section R310 requires each sleeping room to have at least one operable emergency escape and rescue opening (a door to the exterior or an egress window with a minimum net clear opening of 5.7 square feet, minimum opening height of 24 inches, minimum opening width of 20 inches, with finished sill height not more than 44 inches above the floor). Section R314 (Smoke Alarms) requires smoke alarms in each sleeping room, outside each sleeping area in the immediate vicinity of bedrooms, and on each story including basements; alarms must be interconnected in new construction or major renovations. Section R315 and MCL 125.1504c require carbon monoxide detectors near sleeping areas in dwellings with fuel-burning appliances or attached garages. The Farmington Hills rental registration inspection at initial registration and at each 3-year Certificate of Compliance renewal verifies these standards plus general habitability under Chapter 9 Article II: minimum room sizes, ventilation, plumbing fixtures, structural integrity, and sanitation. An owner-occupied STR operator must therefore size guest capacity to bedrooms that are designed and built as bedrooms with code-conforming egress, smoke and CO alarms, and minimum size; non-bedroom rooms (basements without egress windows, dens, lofts without code-conforming sleeping configurations, attics) cannot be marketed or used as sleeping space, and inspection of an STR found marketing such rooms can result in inspection failure and non-renewal of the Certificate of Compliance. Industry-norm formulas (two persons per bedroom or two persons per bedroom plus two) are reasonable house-rule guidelines but are not codified by Farmington Hills. Operators should also confirm any HOA covenant occupancy limits, which in some Farmington Hills subdivisions cap maximum overnight guests independently of city code. Practical industry guidance for the Detroit-metro STR market suggests sizing capacity to the lower of: (a) two persons per code-conforming bedroom, (b) any HOA cap, and (c) the dwelling's water, sewer, and HVAC capacity to avoid post-stay habitability complaints.
Because Farmington Hills does not codify a single STR-specific occupancy cap, enforcement runs through the underlying Chapter 9 Housing Code and Michigan Residential Code standards. Overcrowding, inadequate sleeping-room size, or unsanitary conditions traced to high occupancy can be cited under Chapter 9 Article II and adjudicated as civil infractions in 47th District Court. Marketing or using non-bedroom rooms (dens, basements without code-conforming egress, lofts) as sleeping space is a Michigan Residential Code R310 (egress) violation - a serious life-safety issue - that can result in cease-and-desist of STR operation pending correction. Missing or inoperable smoke alarms in each sleeping room or on each story (R314), or missing CO detectors where required (R315, MCL 125.1504c), are likewise life-safety violations cited at inspection and can result in failed reinspection and non-renewal of the Certificate of Compliance. Pattern violations or repeat overcrowding complaints can support mid-term certificate revocation, terminating the operator's authority to host paying guests under the September 2023 zoning amendment. HOA covenant occupancy violations are enforced privately by the HOA and operate independently. Operators should not treat the absence of a single codified occupancy formula as a relaxation of overcrowding standards; the underlying Michigan Residential Code requirements are rigorously enforced at the rental registration inspection stage.
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