Hillsborough County, NH Short-Term Rentals: Occupancy Limits (2026)

Counties in New Hampshire have no authority to set occupancy limits for short-term rentals. The State Building Code adopted under RSA 155-A incorporates the International Residential Code (IRC) for one- and two-family dwellings and the International Building Code (IBC) for larger buildings. Under IRC R304 (minimum room area) and R305 (ceiling heights), habitable rooms must meet minimum size standards, and bedrooms used for sleeping must comply with IRC R310 emergency escape and rescue opening requirements (minimum 5.7 sq ft net clear opening, 24 inches high, 20 inches wide, sill no more than 44 inches above floor). The New Hampshire State Fire Code, adopted under RSA 153 from NFPA 1 (Fire Code) and NFPA 101 (Life Safety Code), governs occupant load and means-of-egress capacity. A common municipal benchmark used by local code officials is two persons per bedroom plus two additional, but this is a guideline, not a statewide rule. Cities and towns within Hillsborough County set the binding number through zoning ordinances or short-term rental regulations - Manchester, Nashua, Merrimack, Bedford, Hudson, Goffstown, and others each handle this differently. STRs operating in single-family or two-family zones must comply with the applicable IRC provisions for the dwelling type. Confirm the exact occupancy ceiling for any specific property with the local code-enforcement official and zoning administrator before listing.