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The Vermont Department of Health has made some modifications of its Rules for Lodging Establishments. Several innkeepers are using this opportunity to try and get the rules change to specifically include AirBnB, VRBO and other rentals in the licensing requirements. I plan to speak at the public hearing next Friday in Burlington and would appreciate any suggestions/feedback about my proposed prepared remarks. Thanks in advance!
Thank you for this opportunity to comment on the proposed rule changes for Vermont Licensed Lodging Establishments.
My wife and I have owned and operated the Phineas Swann Bed & Breakfast Inn in Montgomery Center since 2013, and have enjoyed a wonderfully cooperative and helpful relationship with the Vermont Department of Health, and we share it’s goals of providing safe and health lodging for guests visiting Vermont. We have always found the department’s rules incredibly helpful, and have taken great pride in the fact that in many cases our policy actually exceeds the legal expectations of the department.
In short, we do not see the Department of Health as an overseer, or someone to worry about, but rather as a partner, working with us to make sure we give our guests the best possible experience during their stay. Our local inspector has been a tremendous resource, providing knowledge and advice in the operations of our rooms, our outdoor spa, and our grounds. In short, the department’s goals are our goals — making sure everyone who visits Vermont expects and is guaranteed a safe, healthy and enjoyable stay.
With that in mind, we see some flaws in the rules that will prevent the Department of Health from achieving its goal — to provide every visitor a safe and healthy environment. In fact, without key revisions to the definitions, Vermont will be ensuring it will be hosting unsafe and dangerous lodgings to its visitors, and damaging its brand — which for generations has been defined by quaint, safe, fun and welcoming inns, lodges, hotels and beds and breakfasts.
Specifically, the definition of a “Lodging Establishment” is fatally flawed, and provides an opportunity for unsafe, flawed, unhealthy, dangerous and potentially deadly lodging facilities to operate with impunity inside the borders of Vermont.
The rise of so-called “shared economy” businesses presents a unique regulatory challenge for Vermont, and other government entities nationwide. Let us start by understanding that “shared economy” is a misnomer. What we are discussing is nothing more than an “unregulated economy,” a “lawless economy.” We have been inundated by individuals, companies and yes corporations who are using new technologies to bypass laws and regulations put into place for good reason, in many cases reactions to unsafe actions that led to sickness, injury and deaths. By attempting to bypass these rules, companies and clients of services like AirBnB, HomeAway, VRBO and others use the myth of “it’s just for me to rent out one room in my house” to bypass your department, operate Lawless Lodging Establishments, and open Vermont visitors up to risks you are charged by law with preventing.
Consider:
In section 4.18, we insist that the definition of “Lodging Establishment” be modified to insist that “A lodging license is required for any person or entity which rents out MORE THAN ONE room, unit or cottages.” Only in this way can the department be acting in a fair manner. Only in this way can the department be operating in the interest of all visitors to our great state.
The other more important issue is enforcement. It’s clear the department is currently overwhelmed and cannot handle the deluge of Lawless Lodging Establishments that have cropped up in Vermont. I encourage department representatives to speak to the Governor’s Office about the need for more staffing to handle this crisis. It’s clear that the cost will be easy recouped through a combination of fines and the collection of currently-lost lodging tax revenues. I and other innkeepers throughout the state promise at the same time to pressure our state lawmakers to include funding for additional inspectors in the state budget.
Together, with these changes to the rules definitions, and through stronger enforcement against Lawless Lodging Establishments, we can continue to make Vermont the envy of other New England states as a refuge and destination for those who seek to experience our state’s beauty — but to do so safely.
Thank you
Darren Drevik
Owner
Phineas Swann Bed & Breakfast Inn
Montgomery Center
Thank you for this opportunity to comment on the proposed rule changes for Vermont Licensed Lodging Establishments.
My wife and I have owned and operated the Phineas Swann Bed & Breakfast Inn in Montgomery Center since 2013, and have enjoyed a wonderfully cooperative and helpful relationship with the Vermont Department of Health, and we share it’s goals of providing safe and health lodging for guests visiting Vermont. We have always found the department’s rules incredibly helpful, and have taken great pride in the fact that in many cases our policy actually exceeds the legal expectations of the department.
In short, we do not see the Department of Health as an overseer, or someone to worry about, but rather as a partner, working with us to make sure we give our guests the best possible experience during their stay. Our local inspector has been a tremendous resource, providing knowledge and advice in the operations of our rooms, our outdoor spa, and our grounds. In short, the department’s goals are our goals — making sure everyone who visits Vermont expects and is guaranteed a safe, healthy and enjoyable stay.
With that in mind, we see some flaws in the rules that will prevent the Department of Health from achieving its goal — to provide every visitor a safe and healthy environment. In fact, without key revisions to the definitions, Vermont will be ensuring it will be hosting unsafe and dangerous lodgings to its visitors, and damaging its brand — which for generations has been defined by quaint, safe, fun and welcoming inns, lodges, hotels and beds and breakfasts.
Specifically, the definition of a “Lodging Establishment” is fatally flawed, and provides an opportunity for unsafe, flawed, unhealthy, dangerous and potentially deadly lodging facilities to operate with impunity inside the borders of Vermont.
The rise of so-called “shared economy” businesses presents a unique regulatory challenge for Vermont, and other government entities nationwide. Let us start by understanding that “shared economy” is a misnomer. What we are discussing is nothing more than an “unregulated economy,” a “lawless economy.” We have been inundated by individuals, companies and yes corporations who are using new technologies to bypass laws and regulations put into place for good reason, in many cases reactions to unsafe actions that led to sickness, injury and deaths. By attempting to bypass these rules, companies and clients of services like AirBnB, HomeAway, VRBO and others use the myth of “it’s just for me to rent out one room in my house” to bypass your department, operate Lawless Lodging Establishments, and open Vermont visitors up to risks you are charged by law with preventing.
Consider:
- Currently, my B&B and other lodging establishments must undergo regular safety inspections; Lawless Lodging Establishments do not.
- My kitchen is regularly inspected by the department for adherence to health and safety rules; Lawless Lodging Establishments are not.
- My hot tub is regularly inspected by the department and we keep daily logs of all chemical and safety checks. Lawless Lodging Establishments do not.
- My home is inspected annually by the fire marshall to ensure safe egress in case of fire or emergency. Lawless Lodging Establishments are not.
- Emergency lighting, inspected fire extinguishers and even a sprinkler system are required on my property. Not at Lawless Lodging Establishments.
- Every month I pay the state of Vermont a 9% room tax on all my room rentals. Lawless Lodging Establishments do not.
- Every month I pay the state of Vermont a 9% meals tax for food served to guests. Lawless Lodging Establishments do not.
- I pay a business license fee every year here in Vermont. Lawless Lodging Establishments do not.
In section 4.18, we insist that the definition of “Lodging Establishment” be modified to insist that “A lodging license is required for any person or entity which rents out MORE THAN ONE room, unit or cottages.” Only in this way can the department be acting in a fair manner. Only in this way can the department be operating in the interest of all visitors to our great state.
The other more important issue is enforcement. It’s clear the department is currently overwhelmed and cannot handle the deluge of Lawless Lodging Establishments that have cropped up in Vermont. I encourage department representatives to speak to the Governor’s Office about the need for more staffing to handle this crisis. It’s clear that the cost will be easy recouped through a combination of fines and the collection of currently-lost lodging tax revenues. I and other innkeepers throughout the state promise at the same time to pressure our state lawmakers to include funding for additional inspectors in the state budget.
Together, with these changes to the rules definitions, and through stronger enforcement against Lawless Lodging Establishments, we can continue to make Vermont the envy of other New England states as a refuge and destination for those who seek to experience our state’s beauty — but to do so safely.
Thank you
Darren Drevik
Owner
Phineas Swann Bed & Breakfast Inn
Montgomery Center
