35A-16-703. Provisions in effect for duration of code blue alert. Subject to rules made by the
Department of Health and Human Services under Subsection
35A-16-702(4), the following provisions take effect within an
affected county for the duration of a code blue alert:
| (1) |
a homeless shelter may expand the homeless shelter’s capacity limit by up to 35% to provide temporary shelter to any number of individuals experiencing homelessness, so long as the homeless shelter is in compliance with the applicable building code and fire code; |
Terms Used In Utah Code 35A-16-703
- Affected county: means a county of the first, second, third, or fourth class in which a code blue event is anticipated. See Utah Code 35A-16-701
- Capacity limit: means a limit as to the number of individuals that a homeless shelter may provide temporary shelter to under a conditional use permit. See Utah Code 35A-16-701
- Code blue alert: means a proclamation issued by the Department of Health and Human Services under Section 35A-16-702 to alert the public of a code blue event. See Utah Code 35A-16-701
- Department: means the Department of Workforce Services created in Section 35A-1-103. See Utah Code 35A-1-102
- Government entity: means the state or any county, municipality, special district, special service district, or other political subdivision or administrative unit of the state, a state institution of higher education as defined in Section 53B-2-101, or a local education agency as defined in Section 53G-7-401. See Utah Code 35A-1-102
- Homeless shelter: means a facility that provides temporary shelter to individuals experiencing homelessness. See Utah Code 35A-16-701
- Local homeless council: means a local planning body designated by the steering committee to coordinate services for individuals experiencing homelessness within an area of the state. See Utah Code 35A-16-102
- Municipality: means a city, town, or metro township. See Utah Code 35A-16-701
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
| (2) |
a homeless shelter, in coordination with the applicable local homeless council, shall implement expedited intake procedures for individuals experiencing homelessness who request access to the homeless shelter; |
| (3) |
a homeless shelter may not deny temporary shelter to any individual experiencing homelessness who requests access to the homeless shelter for temporary shelter unless the homeless shelter is at the capacity limit described in Subsection (1) or if the individual presents a danger to the homeless shelter’s staff or guests; |
| (4) |
any indoor facility owned by a private organization, nonprofit organization, state government entity, or local government entity may be used to provide temporary shelter to individuals experiencing homelessness and is exempt from the licensure requirements of Title 62A, Chapter 2, Licensure of Programs and Facilities, for the duration of the code blue alert and seven days following the day on which the code blue alert ends, so long as the facility is in compliance with the applicable building code and fire code; |
| (5) |
homeless shelters, state and local government entities, and other organizations that provide services to individuals experiencing homelessness shall coordinate street outreach efforts to distribute to individuals experiencing homelessness any available resources for survival in cold weather, including clothing items and blankets; |
| (6) |
if no beds or other accommodations are available at any homeless shelters located within the affected county, a municipality may not enforce an ordinance that prohibits or abates camping for the duration of the code blue alert and the two days following the day on which the code blue alert ends; |
| (7) |
a state or local government entity, including a municipality, law enforcement agency, and local health department may not enforce an ordinance or policy to seize from individuals experiencing homelessness any personal items for survival in cold weather, including clothing, blankets, tents, sleeping bags, heaters, stoves, and generators; and |
| (8) |
a municipality or other local government entity may not enforce any ordinance or policy that limits or restricts the ability for the provisions described in Subsections (1) through (7) to take effect, including local zoning ordinances. |
Enacted by Chapter 302, 2023 General Session
