New York State Sanitary Code Part 7, Subpart7-1

Temporary Residences (Hotels, Motels & Cabin Colonies)

A temporary residence is defined as any facility that is maintained for 11 or more overnight guests, for at least 60 cumulative hours per year, and does not meet the definition of a children’s camp, migrant farmworker housing, or mobile home park. Temporary residences are inspected for compliance with Subpart 7-1, 10NYCRR: Temporary Residences.

7-1.2 Application.

(a) The requirements of this Subpart shall apply to a temporary residence occupied by or maintained for occupancy by 11 people or more, except:

(1) temporary residences or portions of any such establishment which are occupied by the same persons in excess of 180 consecutive days in a calendar year as their domicile, while those portions of the temporary residence are so occupied. This exclusion of portions of a temporary residence occupied by the same persons in excess of 180 consecutive days shall not apply to worker housing.

(2) a hotel or motel located in a city with a population of 125,000 or more for which all water is derived from a public water supply system and from which all sewage is discharged to a public sewer system;

(3) a temporary residence consisting of a single occupancy unit rented in its entirety for common use by a group, provided it is not part or otherwise affiliated with a temporary residence as described in Section 7-1.1(j);

(4) a temporary residence or portion thereof, occupied by the owner or operator thereof, or his family;

(5) a temporary residence occupied for less than 60 cumulative hours in any calendar year;

(6) a temporary residence used as a jail, hospital, nursing or convalescent home, or otherwise offering residential or custodial care to individuals who are physically or mentally unable to completely care for themselves;

(7) a temporary residence used as a school or college dormitory, or a fraternity or sorority house that is affiliated with an academic institution approved under the Education Law;

(8) a temporary residence operated as a domestic violence shelter, homeless shelter or hospice residence;

(9) a temporary residence which the Commissioner, based upon consideration of the nature, duration and continuity of its occupancy, the degree of occupant control over the use and nature of the property’s facilities, the purpose of the property’s occupancy and the extent to which the property may be subject to the regulation of other agencies, reasonably determines not to be within the intent of regulation under this Subpart.

(b) The requirements of this Subpart shall not apply to a children’s camp, campground, mass gathering, migrant farmworker housing or a mobile home park as defined in Subparts 7-2, 7-3, 7-4 and Parts 15 and 17 of this Title respectively.

Temporary Residence inspections may examine:

  • Fire Safety Measures
    • Appropriate Fire Exits
    • Fire Detection Systems/Devices
    • Updated Fire Extinguishers
  • General Cleanliness
    • Bed Bugs Detection
    • Appropriate Cleaning of Guest Rooms
    • Cleaning of Linens and Common Areas
  • Construction
    • Adequate Water Supply
    • Adequate Sewage Disposal System
    • Proper Chemical Storage
To apply for a Temporary Residence permit for an existing establishment, you must submit a completed renewal application, appropriate fee, and supporting documentation to the Saratoga County Department of Health. Proof of Workers Compensation and Disability Insurance is also a requirement for obtaining a Permit to Operate.

Prior to new construction or renovation of a Temporary Residence, an operator must submit plans and applications for review to the Department. Please call 518-584-7460 to inquire about applying.

You can apply for a permit, contact the Saratoga County Department of Health at (518) 584-7460, or Email us.

To file a complaint, call the Saratoga County Department of Health at (518) 584-7460 or Email us.

For more information, call the Saratoga County Department of Health at (518) 584-7460 or Email us.