CHAPTER 8
EMERGENCY HOMELESS SHELTERS AND FACILITIES
ARTICLE I. IN GENERAL
ARTICLE II. REQUIREMENTS FOR EMERGENCY HOMELESS FACILITIES AND SHELTERS DURING A SHELTER CRISIS
8-05 Emergency homeless shelter facility requirements
8-06 Emergency homeless shelter design requirements
8-07 Permit and inspection requirements
ARTICLE III. EMERGENCY HOMELESS SHELTER USE AND OCCUPANCY REQUIREMENTS
8-08 Participation requirements
8-10 Storage of personal belongings
ARTICLE I. IN GENERAL
8-01 Purpose
The purpose of this chapter is to promote safe and uniform construction and operation of emergency homeless shelter facilities that are owned, operated, leased or maintained by the county. The further purpose of this chapter is to mitigate the negative effects of the shelter crisis occurring within the county while preserving the health and safety of the public.
(Ord. No. 1796, §2)
8-02 Authority
These standards are adopted pursuant to the California Government Code, Sections 8698 through 8698.2, as amended.
(Ord. No. 1796, §2)
8-03 Scope
(a) Any county facility that is designated for use as an emergency homeless shelter, and that is owned, operated, leased or maintained, or any combination, by the county, shall be subject to this code.
(b) Emergency homeless shelters and facilities constructed or operated pursuant to this chapter shall only be utilized where a shelter crisis, pursuant to California Government Code Section 8698, has been proclaimed.
(1) A shelter crisis may be proclaimed by resolution when the board finds that a significant number of persons are without the ability to obtain shelter, resulting in a threat to their health and safety.
(2) The board of supervisors shall review the proclamation of a shelter crisis on an annual basis to determine the need for a continuing crisis. The crisis shall not terminate because the matter was not reviewed.
(3) Pursuant to California Government Code Section 8698 et seq., any county facility containing emergency homeless shelters created pursuant to this chapter shall be exempt from any state or local regulatory statute, regulation, or ordinance prescribing standards of housing, health, or safety. Any state or local regulatory statute, regulation, or ordinance prescribing standards of housing, health, or safety shall be suspended to the extent that strict compliance would prevent, hinder and/or delay the purpose of this chapter.
(4) Where a local, state or federal shelter crisis is proclaimed, the rules and regulations contained herein shall apply.
(Ord. No. 1796, §2)
8-04 Definitions
For the purposes of this chapter, the following definitions shall govern:
(a) Emergency homeless shelter means a structure or building, including a tent, that is utilized for sleeping purposes during a shelter crisis as part of an emergency homeless shelter facility. An emergency homeless shelter is not a dwelling and need not contain all provisions for living and habitation as required for dwellings by state housing law.
(b) Emergency homeless shelter facility means facilities that are owned, operated, leased or maintained, or any combination thereof, by the county for providing emergency shelter for the homeless.
(c) Building codes means the California Code of Regulations, Title 24, all volumes, as amended.
(d) State housing law means any provision of Division 13 of the California Health and Safety Code, or any other provision of law referenced there, as amended.
(Ord. No. 1796, §2)
ARTICLE II. REQUIREMENTS FOR EMERGENCY HOMELESS FACILITIES AND SHELTERS DURING A SHELTER CRISIS
8-05 Emergency homeless shelter facility requirements
Emergency homeless shelter facilities shall:
(a) Have an emergency preparedness plan for each facility.
(b) Provide adequate access for emergency service vehicles.
(c) Have fire extinguishers centrally located throughout the facility. Fire extinguishers shall have regularly scheduled servicing and maintenance.
(d) Provide a minimum of three (3) feet of shelter-to-shelter separation.
(e) Provide a minimum of five (5) feet separation between any property line and a shelter unit.
(f) Provide a facility supervisor to monitor compliance with facility rules and regulations, and to notify emergency services in the event of an emergency.
(g) If pets are allowed, provide a pet management plan that includes a method to manage pet health, secure pets away from other people, store food to prevent rodent attraction, and manage the pet waste to ensure public health protection.
(h) Be graded so as not to induce excessive storm water runoff or on-site ponding in habitable areas.
(i) Provide for, or provide access to, either on-site or off-site:
(1) Sanitary facilities, including toilet, handwashing, solid waste containers, and medically necessary medical waste containers.
(2) Heating and cooling facilities.
(3) Shower facilities.
(4) Storage facilities for personal items.
(5) Source of potable drinking water.
(6) An area with usable natural shade or a shade structure.
(Ord. No. 1796, §2)
8-06 Emergency homeless shelter design requirements
Buildings and/or structures used for emergency homeless shelters shall conform to the following:
(a) Have a minimum of fifty (50) square feet for each occupant.
(b) Have an exit that leads directly to the outdoors/evacuation route.
(c) Have a means for natural light and natural ventilation.
(d) Be weatherproof and have a heat/cold barrier of some kind on or in walls and ceiling.
(e) Have a smoke detector.
(Ord. No. 1796, §2)
8-07 Permit and inspection requirements
(a) Permitting and inspection requirements as set forth in the building codes or in any state or local regulatory statute, regulation, or ordinance shall not be required.
(b) The board of supervisors, at its sole discretion and at any time, may cause fire-life-safety inspections to be conducted. The board of supervisors may designate a local official to carry out this provision.
(Ord. No. 1796, §2)
ARTICLE III. EMERGENCY HOMELESS SHELTER USE AND OCCUPANCY REQUIREMENTS
8-08 Participation requirements
Participation in an emergency homeless shelter facility and occupation of an emergency homeless shelter are voluntary and all persons using such a facility and shelter shall comply with the following:
(a) Individuals, or families, shall complete any required intake process, and meet all requirements set forth in any agreement, from the county.
(b) Users shall be limited to a stay of ninety (90) days or less. Applications for extended stays up to one (1) year may be considered and the granting of any extension is at the sole discretion of the county or the county’s approved provider.
(Ord. No. 1796, §2)
8-09 No tenant rights
Participation in any emergency homeless shelter facility does not imply or create a right or interest under California landlord-tenant laws.
(Ord. No. 1796, §2)
8-10 Storage of personal belongings
(a) Storage of personal belongings within each unit may be permitted; however, personal items shall be limited to daily use items and shall not create a fire-life-safety hazard.
(b) Storage containers for personal belongings shall be closeable and waterproof.
(Ord. No. 1796, §2)
8-11 Storage of food items
(a) Unless specifically authorized in writing by the county, potentially hazardous food, as defined in California Health and Safety Code Part 7, California Retail Food Code, is not allowed.
(b) Except for incidental food items, food shall not be stored or consumed within the emergency homeless shelter.
(Ord. No. 1796, §2)
8-12 Severability
If any section, subsection, sentence, clause, or phrase of this chapter is for any reason held to be invalid, unlawful, or unconstitutional, such invalidity or unconstitutionality shall not affect the validity, lawfulness, or constitutionality of any or all other portions of this chapter.
(Ord. No. 1796, §2)