At its July 17 meeting the Nantucket Board of Health heard public comments urging clearer rules on who enforces short‑term rental (STR) and non‑health rental violations and whether the town should inspect year‑round rentals, and the board agreed to place STR protocol and rental inspection responsibilities on next month’s agenda.

The issue was raised by Bruce Mandel, who said the board and health department are being asked to enforce many non‑health bylaws and regulations without a clear legal framework, staffing or training. "Can the staffing at the Department of Health and its budget be adjusted to ensure timely enforcement of non‑health related violations? Where does a citizen now file requests for an investigation of violations of bylaws, laws, regulations that don't pertain to health issues but are assigned to the Board of Health? And third, what regulations, laws, bylaws that have enforcement responsibilities have been assigned to the Board of Health, where those requirements are non‑health related?" Mandel asked.

Why it matters: residents and board members said shifting non‑health enforcement to the health department could divert limited staff time from core public‑health duties; the board’s choice about whether to accept STR enforcement affects where complaints are filed, what inspections are performed and what training or budget increases would be needed.

Board and staff responses

Board members and staff discussed legal limits under the Open Meeting Law and advised process steps for moving the topic forward. Health‑department staff asked residents to meet with the health office or email detailed questions; the director was out the week of the meeting but staff said he would meet after he returns. Rocky (Health Department staff) confirmed the department previously reported it lacked capacity to do broader enforcement.

Curtis Barnes, who had distributed a written request, told the board that neighboring towns (Yarmouth and Barnstable) place rental registration with the health department and that overcrowded year‑round rentals are an immediate public‑health concern. "Our biggest problem is year‑round rentals — apartments that are overcrowded," Barnes said, adding that the health department should inspect long‑term housing as well as STRs.

Board action

A board member moved and the board seconded a motion to add discussion of STR regulations and the long‑term rental inspection process to the agenda for the board’s next regular meeting; the motion passed. Board staff also offered to meet with residents who submitted written concerns to clarify where to file complaints and how enforcement would be carried out if the board accepts responsibility.

What’s next

The board set the expectation that the topic will appear on the next meeting agenda (the board meets the third Thursday of each month) so the matter can be considered with time for public participation and possible regulatory drafting.

Ending: Board members and staff repeatedly cautioned that the Board of Health can only act where the town’s regulations assign authority; if the select board or another body changes that assignment, enforcement responsibility would shift accordingly.