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BY-LAW NO. 12079
A By-law to Amend License By-law No. 4450
Regarding Short Term Rental Accommodation
THE COUNCIL OF THE CITY OF VANCOUVER, in public meeting, enacts as follows:
1.
This By-law amends the indicated provisions of the License By-law.
2.
Council inserts in section 2 of the License By-law, the following definitions in correct
alphabetical order:
" "Market" means offer for sale, promote, canvass, solicit, advertise, or facilitate Short
Term Rental Accommodation, and includes placing, posting or erecting advertisements
physically or online, but does not include the mere provision of a neutral space or
location for such marketing in newspapers, bulletin boards, or online.
"Principal Residence Unit" means the usual dwelling unit where an individual lives,
makes their home and conducts their daily affairs, including, without limitation, paying
bills and receiving mail, and is generally the dwelling unit with the residential address
used on documentation related to billing, identification, taxation and insurance purposes,
including, without limitation, income tax returns, Medical Services Plan documentation,
driver's licenses, personal identification, vehicle registration and utility bills.
"Short Term Rental Accommodation" means temporary accommodation in a dwelling
unit, or in a bedroom or bedrooms in a dwelling unit, but does not include temporary
accommodation in any Bed and Breakfast Accommodation or any Hotel.
"Short Term Rental Accommodation Operator" means a person who carries on the
business of providing Short Term Rental Accommodation. "
3.
Council strikes out the definition of "Residential Rental Unit" and substitutes:
" "Residential Rental Unit" includes a:
(1)
dwelling unit;
(2)
housekeeping unit which means a sleeping unit containing facilities for
cooking; or
(3)
sleeping unit which means one or more rooms equipped to be used for
sleeping and sitting purposes;
that a person rents, intends to rent, or customarily rents to a tenant, except for a unit in
an apartment building, two-family dwelling, hotel, lodging house, rooming house, bed
and breakfast, or short term rental accommodation."
4.
Council adds, as section 25.1 of the License By-law, the following:
"SHORT TERM RENTAL ACCOMMODATION
25.1
(1)
No person shall carry on business as a Short Term Rental
Accommodation Operator without having first obtained a licence to do so
from the Chief Licence Inspector.
(2)
No person shall Market any Short Term Rental Accommodation unless
they hold a license as a Short Term Rental Accommodation Operator for
that Short Term Rental Accommodation.
(3)
No person shall carry on business as a Short Term Rental
Accommodation Operator unless the Short Term Rental Accommodation
being provided is the Principal Residence Unit of that person.
(4)
No person shall carry on business as a Short Term Rental
Accommodation Operator in an accessory building, a vehicle or an
unlawful dwelling unit.
(5)
No person may hold more than one licence as a Short Term Rental
Accommodation Operator.
(6)
No corporation or society shall carry on the business of a Short Term
Rental Accommodation Operator.
(7)
Before applying for a business licence, a Short Term Rental
Accommodation Operator shall:
(a)
obtain strata council authorization if the Short Term Rental
Accommodation is a strata lot;
(b)
obtain authorization from the owner or landlord if the Short Term
Rental Accommodation Operator is a tenant; and
(c)
produce any such authorization to the Chief Licence Inspector if
requested to do so.
(8)
A Short Term Rental Accommodation Operator shall not Market the Short
Term Rental Accommodation they are licensed to provide without
including their City of Vancouver business licence number in a
conspicuous place in any medium or material used to Market the Short
Term Rental Accommodation.
(9)
A Short Term Rental Accommodation Operator shall provide an
emergency contact name and number to all guests.
(10)
A Short Term Rental Accommodation Operator shall:
(a)
post a fire safety plan by all entrances and exits to the Short Term
Rental Accommodation;
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(b)
have or install interconnected smoke alarms on each floor and in
each bedroom of the Short Term Rental Accommodation;
(c)
have or install an accessible fire extinguisher on each floor of the
Short Term Rental Accommodation;
(d)
have or install carbon monoxide detectors on each floor of the
Short Term Rental Accommodation that contains one or more gas
appliances.
(e)
have all smoke alarms, fire extinguishers and carbon monoxide
detectors in the dwelling unit inspected and tested annually, and
keep a written record of such inspections and tests;
(f)
maintain all smoke alarms, fire extinguishers and carbon
monoxide detectors in the dwelling unit in working order; and
(g)
produce inspection, testing and maintenance records to the Chief
Licence Inspector or Fire Chief upon request.
(11)
A Short Term Rental Accommodation Operator shall not:
(a)
provide Short Term Rental Accommodation in a building that has
more than three dwelling units, unless the building is equipped
with a fire alarm system that is inspected and maintained annually;
(b)
provide Short Term Rental Accommodation in a building that has
more than ten occupants, unless the building is equipped with a
fire alarm system that is inspected and maintained annually; and
(c)
after January 1, 2023, provide Short Term Rental Accommodation
in a dwelling unit that is attached to another dwelling unit, unless
there is a fire separation with at least a 45 minute fire resistance
rating, unless a higher resistance rating is required for the building
type by the Building By-law or the Fire By-law, or an automated
sprinkler system.
(12)
A Short Term Rental Accommodation Operator shall produce inspection,
maintenance and construction records regarding the fire alarm system
and fire separations, and any other records related to the business
licence conditions of the Short Term Rental Accommodation to the Chief
Licence Inspector or Fire Chief upon request.
(13)
A Short Term Rental Accommodation Operator shall give the Fire Chief or
the Chief Licence Inspector, or any member of staff authorized by the Fire
Chief or the Chief Licence Inspector, access to the Short Term Rental
Accommodation at any reasonable hour.
5.
Council inserts the following fees in Schedule A of the License By-law in correct
alphabetical order:
"SHORT TERM RENTAL ACCOMMODATION OPERATOR
$49.00 per annum"
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Severability
6.
A decision by a court that any part of this By-law is illegal, void, or unenforceable severs
that part from this By-law, and is not to affect the balance of this By-law.
Force and effect
7.
This By-law is to come into force and take effect on the date of its enactment, except
that section 25.1(11) (c) shall come into force and take effect on January 1, 2023.
ENACTED by Council this 18th day of April, 2018
Signed "Gregor Robertson"
Mayor
Signed "Katrina Leckovic"
City Clerk