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Each separate Boarding House, Homeless Shelter, Rehabilitation Home, or Transitional Housing facility shall be in compliance with any currently applicable laws and regulations of the federal, state, or local governments, as may be amended from time to time including but not limited to, laws or regulations on nondiscrimination, zoning, building, safety, property maintenance, food sanitation, health and sanitation, fire, electrical, plumbing, mechanical, reporting the dependency, abuse or neglect of minor children, and other applicable laws.
(Lou. Metro Ord. No. 222-2010, approved 11-8-2010; Lou. Metro Am. Ord. No. 170-2021, approved 11-22-2021) Penalty, see § 115.999
(A) In addition to being in compliance with any currently applicable laws and regulations of the federal, state, or local governments required by § 115.004, it shall be the duty of the operator of a Homeless Shelter, Rehabilitation Home, or Transitional Housing Facility licensed under this subchapter to:
(1) Maintain the health and safety standards set out herein or in any currently applicable laws or regulations of the federal, state, or local governments as may be amended from time to time;
(2) Have a criminal record check performed on all employees having direct contact with a child at the Homeless Shelter, Rehabilitation Home, or Transitional Housing Facility prior to such employee’s performing duties for the Homeless Shelter, Rehabilitation Home, or Transitional Housing Facility, and annually thereafter;
(3) Have a criminal record check performed on all volunteers having direct contact with a child at the Homeless Shelter, Rehabilitation Home, or Transitional Housing Facility within one week of the volunteer first volunteering for the Homeless Shelter, Rehabilitation Home, or Transitional Housing Facility, and annually thereafter;
(4) Require all employees and volunteers, that have regular and ongoing direct contact with residents, to provide the Homeless Shelter, Rehabilitation Home, or Transitional Housing Facility, with a tuberculosis medical clearance card issued by a licensed medical professional within seven days of the employee’s or volunteer’s first working day at a shelter, and a one step TST annually thereafter;
(5) Require all new residents at a Homeless Shelter, Rehabilitation Home, or Transitional Housing Facility, within seven days of admission, and annually thereafter, to provide the shelter with a tuberculosis medical clearance card issued by a licensed medical professional;
(6) Maintain a confidential central file of the tuberculosis medical clearance cards for all employees, volunteers, and residents as required by subsections (4) and (5);
(7) Provide and have available for review by any employee, volunteer, or resident, educational materials about tuberculosis;
(8) The rate of ventilation at a Homeless Shelter, Rehabilitation Home, or Transitional Housing Facility should be at or above 25 cubic feet of outside air per minute per person to assist in the prevention of transmission of tuberculosis;
(9) Refer any employee, volunteer, or resident suspected of having a communicable disease to the appropriate medical authority for testing;
(10) Provide and have available for review, by any employee, volunteer, or resident, educational materials regarding communicable diseases and precautions to be taken to protect the employee, volunteer, and residents;
(11) Maintain a written and posted first aid and cardiopulmonary resuscitation (“CPR”) policy, including having:
(a) At least one person trained and currently certified in first aid and CPR on duty on each shift; and
(b) All certifications of employees or volunteers for first aid and CPR shall be kept on file for inspection by the Department of Public Health and Wellness; and
(c) Adequate and available medical supplies for first aid and CPR.
(12) Provide written policies and procedures on the handling of prescription or over- the-counter drugs, including controls and/or limitations on access to prescription and over-the-counter drugs kept in the Homeless Shelter, Rehabilitation Home, or Transitional Housing Facility;
(13) Maintain sanitary conditions in the Homeless Shelter, Rehabilitation Home, or Transitional Housing Facility;
(14) Maintain all mattresses and box springs with a water resistant encasing protective cover that will resist tearing and can be wiped thoroughly with a disinfectant cleaner before use by any other residents;
(15) Post a clearly marked evacuation plan that is approved by the appropriate Fire Department or Fire District official in areas available to both Homeless Shelter, Rehabilitation Home, or Transitional Housing Facility staff and residents, and keep a copy of the plan on file;
(16) Provide services to all individuals within Jefferson County free from discrimination because of race, color, religion, national origin, familial status, age, disability, sex, gender identity, or sexual orientation;
(17) Allow residents access to restrooms during Homeless Shelter hours of operation; and
(18) If required, have and maintain a Kentucky food establishment permit and have received a passing score on their most recent inspection.
(19) The new owner of a Homeless Shelter, Rehabilitation Home, or Transitional Housing Facility must file the registration statement within ten days of a change of ownership and/or acquiring title to the shelter.
(20) Subsections (4) through (15) of this section shall not apply to Boarding Houses.
(Lou. Metro Ord. No. 222-2010, approved 11-8-2010; Lou. Metro Am. Ord. No. 52-2015, approved 4-24-2015; Lou. Metro Am. Ord. No. 170-2021, approved 11-22-2021) Penalty, see § 115.999
Any peace officer, Code Enforcement Officer, Zoning Enforcement Officer, Fire Department or Fire District official, the Department of Public Health and Wellness, and any other appropriate investigating officials of the Metro Government, shall have the right to enter any portion of a premises on which a Boarding House, Homeless Shelter, Rehabilitation Home, or Transitional Housing Facility is located during regular business hours for the purpose of making reasonable inspections and determining compliance with zoning, health, sanitation, structural, electrical, plumbing, fire, property maintenance and safety regulations, as well as all other provisions of law or regulations.
(Lou. Metro Ord. No. 222-2010, approved 11-8-2010; Lou. Metro Am. Ord. No. 52-2015, approved 4-24-2015; Lou. Metro Am. Ord. No. 170-2021, approved 11-22-2021) Penalty, see § 115.999
(A) No license shall be transferable except with the written approval of the Director. The application for such a transfer shall be in writing and shall contain the same information required for the initial application for such a license.
(B) The application procedure shall be the same as outlined in § 115.003. A $100 transfer fee shall be charged for each such license transfer.
(C) In the event of denial, notification and reasons for denial shall be given to the applicant in the manner provided by § 115.003. A denial of a transfer may be appealed in the same manner as the denial of an application for an original shelter license.
(Lou. Metro Ord. No. 222-2010, approved 11-8-2010; Lou. Metro Am. Ord. No. 170-2021, approved 11-22-2021)
(A) In the event the Director denies a license application for a new Boarding House, Homeless Shelter, Rehabilitation Home, or Transitional Housing Facility, the Director shall advise the applicant of his or her decision, and the reasons therefore, by certified letter, return receipt requested, sent to the most current address listed in the affected operator’s file. Such denial of an application for a new license shall include information regarding the right to appeal the decision. The applicant affected by the denial of a new license shall have ten business days from the date of receipt of said notice to appeal the Director’s decision by notifying him or her in writing of the basis for said appeal. The notice of appeal may be hand delivered to the Director or sent certified mail, return receipt requested. Unless a timely notice of appeal is received, the decision of the Director shall be final. When the Director denies a license application for a new Boarding House, Homeless Shelter, Rehabilitation Home, or Transitional Housing Facility, the applicant shall not operate as such a facility until either the Code Enforcement Board or a court of competent jurisdiction so orders.
(B) When the Director receives a notice of an appeal, he or she shall schedule a time and date for the appeal to be heard before the Code Enforcement Board and such hearing shall be held within 30 calendar days of the date the Director receives the notice of appeal. The Director shall notify the appellant in writing of the hearing date and may send such notice by regular first class mail. The appellant may request an alternate hearing date but in no event shall it be more than 30 days after the originally scheduled date.
(C) At the hearing on the new license denial, the appellant shall have the right to counsel, present evidence and offer testimony by witnesses. The hearing shall be transcribed. The Board shall render written findings within 20 days of its oral decision. The Board’s decision will be final unless appealed.
(D) Any party adversely affected by the Code Enforcement Board’s decision may appeal it to the Jefferson Circuit Court within 30 days of the date the Board issues its written findings. The party appealing the Board’s decision will be responsible for the cost of preparing the transcript which, along with evidence presented and the written findings of the Board, shall constitute the record on appeal. The decision of the Board shall be effective during the pendency of the appeal unless stayed by a court of competent jurisdiction.
(Lou. Metro Ord. No. 222-2010, approved 11-8-2010; Lou. Metro Am. Ord. No. 170-2021, approved 11-22-2021)
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