20.15.020 Requirements for all temporary shelters, except temporary building encampments.
The following requirements apply to temporary safe parking areas, temporary tent encampments and temporary tiny house encampments approved under this chapter, unless modified by the director during the temporary use permit approval process. These three temporary shelter types are permitted in all general use type areas:
A. Temporary safe parking areas, temporary tent encampments and temporary tiny house encampments must be located a minimum of 20 feet from the property line of abutting properties, unless the director finds that a reduced buffer width will provide adequate separation between the shelter and adjoining uses due to changes in elevation, intervening buildings or other physical characteristics of the site.
B. Temporary safe parking areas, temporary tent encampments and temporary tiny house encampments must not be located within a critical area or its buffer as defined by Chapter 16.55 BMC.
C. The maximum number of people allowed at one time in a single temporary safe parking area, temporary tent encampment or temporary tiny house encampment will be determined by the director taking into consideration site conditions, but in no case may the number be greater than 100 people. In determining the maximum number of people allowed at each individual encampment, the director shall consider factors such as the size and location of the site, the surrounding land uses, and other contextual factors. The number of people allowed at each site may be reduced based on the characteristics of the population served and necessary services to be provided.
D. No more than 300 people may be housed at one time in temporary safe parking areas, temporary tent encampments and temporary tiny house encampments citywide. Multiple locations may be permitted, provided the aggregate of people in these three temporary shelter types does not exceed 300. Informed by the Whatcom County point-in-time census of homeless individuals and families, the director may increase the maximum number of people who may be housed in temporary shelters.
E. Fencing adequate to limit access to the site for the safety and security of residents must be installed on the perimeter of the shelter site; provided, that fencing does not create a sight obstruction at the street or street intersections or curbs as determined by the city engineer. A six-foot-tall fence, which may include chain link or other temporary fencing materials, is presumed adequate for this purpose. The director may waive this requirement if there is sufficient vegetation, topographic variation, or other site considerations such that complete perimeter fencing would not be needed to serve this purpose.
F. If provided, exterior lighting must be directed downward and glare must be contained within the shelter site.
G. The following health and safety elements must be provided for the temporary shelter site:
1. Exterior 2A-10BC fire extinguishers within 75 feet from any point in the shelter site;
2. A designated smoking area;
3. Flame-retardant materials for tents over 300 square feet and canopies in excess of 400 square feet;
4. Prohibition of any open flames, except an outdoor heat source approved by the fire department;
5. A first aid kit large enough to serve the maximum population of the shelter site;
6. Obstruction-free access aisles as required by the fire department;
7. Appropriate power protection devices at any location where power is provided;
8. Trash receptacles in multiple locations throughout the site and regular trash patrols in the immediate vicinity of the site;
9. Regular removal of trash from individual trash receptacles and a centralized area for trash and recycling that is regularly serviced by a local provider of this service;
10. Chemical toilets set back at least 40 feet from all property lines as recommended by the portable toilet service provider, along with the recommended maintenance of these toilets, or access to toilets in an indoor location;
11. Hand-washing stations by the toilets;
12. Running water in an indoor location, or continuous running water in an outdoor location that is discharged to a location approved by the city;
13. Posting at the site and distribution to shelter guests copies of health and safety information provided by the city, county, or any other public agency;
14. Observation of and compliance with all Whatcom County health department requirements related to food donations; and
15. Cooking facilities, if provided, may be located in an indoor or outdoor location and must include the following:
a. A sink with running water. If located outdoors, it must include continuous running water that is discharged to a location approved by the city;
b. A nonabsorbent and easily cleanable food preparation counter;
c. A refrigerator or cooler to keep perishable food cold; and
d. All products necessary to maintain the cooking facilities in clean condition.
H. Tiny house encampments must include the following additional indoor safety measures for the tiny homes:
1. A working battery-powered smoke and carbon monoxide alarm;
2. Two openings to allow escape of smoke. Openings must be within 12 inches of the top of the wall and on two opposing walls. Such openings must be a minimum of 12 square inches, with the smallest dimension of one inch. Openings must be screened to keep insects out. Screen openings must be one-eighth inch to one-quarter inch;
3. No fuel gas appliances or equipment;
4. No smoking, lighted candles or other type of flames;
5. The only type of heating devices allowed are portable oil-filled heaters that must be supplied with the unit; and
6. No locks or latches that might inhibit an emergency escape from within the unit. A single cylinder deadbolt lock or lever-handled door latch is permitted, as long as it does not require the use of a tool or key to lock or unlock it from inside the unit.
I. Subject to the limitations in RCW 35.21.915 and 19.27.042, the sponsor and/or managing agency shall ensure compliance with Washington State laws and regulations, the Bellingham Municipal Code, and Whatcom County health department regulations concerning, but not limited to, drinking water connections, solid waste disposal, and human waste. The sponsor and/or managing agency shall permit inspections by local agencies and/or departments to ensure such compliance and shall implement all directives resulting therefrom within the specified time period.
J. On-site parking of the sponsor must not be displaced unless sufficient required off-street parking remains available for the host’s use to compensate for the loss of on-site parking or unless a shared parking agreement is executed with adjacent properties.
K. A description of transit, pedestrian and bicycle access from the subject site to services and schools must be provided.
L. To limit outdoor waiting, the shelter must be open 24 hours per day.
M. All functions associated with the shelter, including adequate waiting space, must take place on the site proposed to house the encampment.
N. On-site supervision must be provided at all times.
O. A code of conduct must be provided that not only protects the health, safety and welfare of shelter guests, but also mitigates impacts to neighbors and the community consistent with RCW 35.21.915. At a minimum, the code must include a prohibition on the on-site use or sale of alcohol and illegal drugs and threatening or unsafe behavior. The sponsor and/or managing agency shall ensure that items deemed as weapons are stored in a safe location.
P. An operations plan must be provided that addresses site management, site maintenance, and provision of human and social services.
Q. Sponsors and/or managing agencies shall have either a demonstrated experience providing similar services to people experiencing homelessness, and/or certifications or academic credentials in an applicable human service field, and/or applicable experience in a related program with people experiencing homelessness. Should a sponsor and/or managing agency not have any of the preceding qualifications, additional prescriptive measures may be required to minimize risk to both guests of the temporary shelter and the broader community.
R. No children under the age of 18 are allowed to stay overnight in a temporary shelter, unless accompanied by a parent or guardian, or unless the shelter is licensed to provide services to this population. If a child under the age of 18 without a parent or guardian present attempts to stay in a shelter not specifically licensed for providing shelter to youth, the sponsor and/or managing agency shall immediately contact Child Protective Services and actively endeavor to find alternative shelter for the child.
S. The sponsor and/or managing agency shall designate points of contact and provide contact information (24-hour accessible phone contact) to the patrol operations commander for the Bellingham police department. At least one designated point of contact shall be on duty at all times. The names of the on-duty points of contact shall be posted on site daily, and their contact information shall be provided to the Bellingham police department as described above.
T. For health and safety reasons, the sponsor and/or managing agency shall take all reasonable and legal steps to obtain verifiable identification information, including full name and date of birth, from current and prospective shelter guests and shall keep a log containing this information.
U. People who are required to register as a sex offender are prohibited from the shelter. Should the sponsor and/or managing agency become aware of a current or prospective guest who is an unregistered sex offender, it shall immediately contact the Bellingham police department. The sponsor and/or managing agency shall provide notice to prospective guests that the sponsor and/or managing agency will report any current or prospective guest who is an unregistered sex offender to the Bellingham police department. Managing agencies are not permitted to request a waiver from this requirement, per BMC 20.15.080(D), unless they can demonstrate through the required operations plan that they have the experience and capacity needed to manage this population.
V. Should the sponsor and/or managing agency become aware of a current or prospective guest who has an active felony warrant, it shall follow set protocol (as approved by the Bellingham police department) for contacting the Bellingham police department and addressing these warrants. The sponsor and/or managing agency shall provide notice to prospective guests that the sponsor and/or managing agency will report any current or prospective guest known to have an active felony warrant to the Bellingham police department.
W. Managing agencies and the Bellingham police department shall establish requirements for appropriate access and coordination for the subject shelter and its residents.
X. The sponsor or managing agency shall coordinate with the homeless service center for referrals to their program and with other providers of shelters and services for people experiencing homelessness to encourage access to all appropriate services for their guests.
Y. The sponsor and/or managing agency shall provide before photos of the host site.
Z. Upon vacation of the shelter site, all temporary structures and debris shall be removed from the site and the site shall be restored, as near as possible, to its original condition within one calendar week. Where deemed necessary by the director, the sponsor and/or managing agency shall replant areas in which vegetation had been removed or destroyed. [Ord. 2020-02-003 § 3; Ord. 2018-10-019 § 3 (Exh. A)].