Solano County Municipal Code Art. 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)