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Town of Brewster
2198 MAIN STREET
BREWSTER, MASSACHUSETTS 02631-1898
PHONE: 508.896.3701 EXT. 1120
FAX: 508.896.4538
brhea1th(brewster-ma.gov
WWW.BREWSTER-MA.GOV
TOWN OF BREWSTER
BOARD OF HEALTH
LOCAL REGULATION TO SUPPLEMENT TITLE 5
STATE ENVIRONMENTAL CODE
Health Department
Amy L. von Hone, R.S., C.H.O.
Director
Sherrie McCullough, R.S.
Assistant Director
Tammi Mason
Senior Department Assistant
BEDROOM DEFINITION FOR THE PURPOSE OF SIZING A SEPTIC SYSTEM
1. Authority. In accordance with Massachusetts General Laws, Chapter 111, Sections 31 and 127A, the Brewster Board of
Health hereby adopts the following regulation to supplement the provisions of the State Environmental Code, Title 5: Standard
Requirements for the Siting, Construction, Inspection, Upgrade and Expansion of On -Site Sewage Treatment and Disposal Systems and
for the Transport and Disposal of Septage (hereinafter, "Title 5").
2. Purpose. The purpose of this regulation is to provide a greater degree of protection to environmental and public health, to
protect groundwater from contamination, prevent the spread of disease, and provide greater clarification of the definition of "bedroom"
as that term is used by the Board in applying the provisions of Title 5 and the Brewster Board of Health Regulations pertaining to on -
site sewage treatment and disposal systems. This regulation is only intended to assist the Board of Health in sizing a subsurface
sewage disposal system; it is not to be applied to other Federal, State or Town Regulations.
3. To the extent application of this definition will not result in an interpretation less stringent than the provisions of Title 5, the
term "bedroom" shall be defined as follows for the purpose of sizing a subsurface sewage disposal system (proposed and existing):
Bedroom: "Any portion of a dwelling which is designed to furnish the minimum isolation necessary for the
use as a sleeping area and otherwise meets the following criteria:
(a) floor space of no less than 70 square feet
(b) for new construction, a ceiling height of no less than seven feet three inches.
(c) for existing houses and mobile homes, a ceiling height of no less than seven feet zero inches
(d) an electrical service and ventilation; and
(e) at least one window.
Privacy Elimination: A room that meets the definition of a bedroom as defined above will not be considered a bedroom if any
of the following are present:
(a)
(b)
(c)
(d)
Removal of privacy door and construction of a minimum 4' cased opening without a door; or
Existence of two separate cased openings that combine to be greater than or equal to 6' neither opening
Having a door; or
The only access to a room that requires walking through another room that meets the definition of a
bedroom. The walk-through room shall not be considered a bedroom.
Loft area consisting of three walls and a half wall not exceeding 42" in height
Living rooms, dining rooms, kitchens, hall, bathrooms, unfinished cellars and unheated sunrooms, and unheated storage areas
over garages are not considered bedrooms. A heated sunroom will not be considered a bedroom only if it meets one of the
criteria stated in paragraphs (a) — (d) above. A finished room over a free standing or attached garage is considered a
bedroom if it meets the bedroom definition criteria. For purposes of this regulation, a "sunroom" shall be defined as an area
within or attached to a dwelling with a glazing area (glass, light transmitting ceramic, screens and/or light -transmitting plastic
panels) in excess of 40% of the gross area of the area's exterior walls and roof, and shall include sunrooms, porches, three
season rooms and the like.
4. Design Flows. An applicant must design and install systems using design flows for the number of bedrooms determined
hereunder unless the Brewster Board of Health makes the specific determination, after a public hearing, that a system using design
flows for a smaller number of bedrooms will not negatively impact the
public health, safety, welfare, or the environment and unless the Board of Health approves an appurtenant deed restriction, running
with the land and in favor of the Board, limiting the property to the smaller number of bedrooms.
5. Floor Plans and Inspections. In order to determine compliance with any provision of the foregoing regulation, a floor plan
must be filed with the Brewster Board of Health for the Health Agent to make a determination as to bedroom count. If the Health
Agent deems it necessary, he or she may refer the determination of the bedroom count to the Board of Health for a vote. If the Board
of Health, by a majority vote of its members, deems that an inspection of an existing residence would be helpful to confirm the
bedroom count, the Health Agent shall have the authority to inspect the premises and report back to the Board his or her findings.
Adopted: May 23, 2006
Effective: September 1, 2006
Amended: October 17, 2006
Effective: Upon Publication
Amended: July 22, 2008
Effective: Upon Publication
Amended: March 10, 2015
Effective: May 22, 2015
Amended: November 2, 2022 (Space over garage, privacy elimination)
Effective: November 2, 2022
Colette Williams, Town Clerk
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Casey Chatelain