A. Temporary building encampments are permitted in industrial general use type areas, commercial and industrial areas within urban village general use type areas, commercial general use type areas where hotels and motels are permitted, and public general use type areas, provided no more than 300 people citywide are housed in no more than four temporary building encampments. 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.

B. Temporary building encampments are not permitted in residential or institutional general use type areas.

C. When a general use type area includes a mix of general use type areas, the more restrictive requirements of this chapter apply.

D. Temporary building encampments hosted in existing structures that do not meet building codes at the time of application may be provisionally approved consistent with the requirements of RCW 19.27.042.

E. No more than one bed per 35 square feet of floor area is permitted.

F. Trash receptacles must be provided in multiple locations throughout the temporary building encampment. A regular trash patrol in the immediate vicinity of the site must be provided.

G. The number of toilets required for each encampment will be determined by the director on a case-by-case basis in consultation with the Whatcom County health department after a review of factors such as the potential number and composition of guests.

H. Public health guidelines on food donations and food handling and storage, including proper temperature control, must be followed and guests involved in food donations and storage shall be made aware of these guidelines consistent with the Whatcom health department requirements.

I. Subject to the limitations in RCW 19.27.042, the sponsor and/or managing agency shall ensure compliance with Washington State laws and regulations, the Bellingham Municipal Code, and the Whatcom County health department’s regulations. 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. A description of transit, pedestrian and bicycle access from the subject site to services and schools must be provided.

K. To limit outdoor waiting, the temporary building encampment must be open 24 hours per day.

L. All functions associated with the temporary building encampment, including adequate waiting space, must take place within a building or on the site proposed to house the encampment.

M. On-site supervision must be provided at all times.

N. 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.

O. An operations plan must be provided that addresses site management, site maintenance, and provision of human and social services.

P. 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 building encampment and the broader community.

Q. No children under the age of 18 are allowed to stay overnight in a temporary building encampment, unless accompanied by a parent or guardian, or unless the temporary building encampment 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 temporary building encampment 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.

R. 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 must be posted on site daily, and their contact information must be provided to the Bellingham police department as described above.

S. 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.

T. 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.

U. 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 it will report any current or prospective guest known to have an active felony warrant to the Bellingham police department.

V. Managing agencies and the Bellingham police department shall establish requirements for appropriate access and coordination for the subject shelter and its residents.

W. 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. [Ord. 2020-02-003 § 4; Ord. 2018-10-019 § 3 (Exh. A)].