| (a) Minimum standards for emergency shelters. Any building
for which HHSP funds are used for construction, rehabilitation, conversion,
or other renovation, must meet state or local government safety and
sanitation standards, as applicable, and the following minimum safety
and sanitation standards. Any emergency shelter that receives assistance
for shelter operations must also meet the following minimum safety
and sanitation standards.
(1) Structure and materials. The shelter building must
be structurally sound to protect residents from the elements and not
pose any threat to health and safety of the residents. Any renovation
(including major rehabilitation and conversion) carried out with HHSP
assistance must use Energy Star and WaterSense or equivalent products
and appliances.
(2) Access. The shelter must be accessible in accordance
with Section 504 of the Rehabilitation Act (29 U.S.C. 794) and implementing
regulations at 24 CFR Part 8; the Fair Housing Act (42 U.S.C. 3601
et seq.) as outlined in 10 TAC Chapter 1, Subchapter B, and implementing
regulations at 24 CFR Part 100; and Title II of the Americans with
Disabilities Act (42 U.S.C. 12131 et seq.) and 28 CFR Part 35; where
applicable.
(3) Space and security. Except where the shelter is
intended for day use only, the shelter must provide each program participant
in the shelter with an acceptable place to sleep and adequate space
and security for themselves and their belongings.
(4) Interior air quality. Each room or space within
the shelter must have a natural or mechanical means of ventilation.
The interior air must be free of pollutants at a level that might
threaten or harm the health of residents.
(5) Water supply. The shelter's water supply must be
free of contamination.
(6) Sanitary facilities. Each program participant in
the shelter must have access to sanitary facilities that are in proper
operating condition and are adequate for personal cleanliness and
the disposal of human waste.
(7) Thermal environment. The shelter must have any
necessary heating/cooling facilities in proper operating condition.
(8) Illumination and electricity. The shelter must
have adequate natural or artificial illumination to permit normal
indoor activities and support health and safety. There must be sufficient
electrical sources to permit the safe use of electrical appliances
in the shelter.
(9) Food preparation. Food preparation areas, if any,
must contain suitable space and equipment to store, prepare, and serve
food in a safe and sanitary manner.
(10) Sanitary conditions. The shelter must be maintained
in a sanitary condition.
(11) Fire safety. There must be at least one working
smoke detector in each occupied unit of the shelter. Where possible,
smoke detectors must be located near sleeping areas. The fire alarm
system must be designed for hearing-impaired residents. All public
areas of the shelter must have at least one working smoke detector.
There must also be a second means of exiting the building in the event
of fire or other emergency.
(b) Minimum standards for housing for occupancy. Housing
assisted under HHSP must meet the minimum habitability standards within
30 calendar days after the term of assistance begins. HHSP funds may
assist a Program Participant in returning the Dwelling Unit to the
minimum habitability standard in cases where the Program Participant
is the responsible party for ensuring such conditions.
(1) Structure and materials. The structures must be
structurally sound to protect residents from the elements and not
pose any threat to the health and safety of the residents.
(2) Space and security. Each resident must be provided
adequate space and security for themselves and their belongings. Each
resident must be provided an acceptable place to sleep.
(3) Interior air quality. Each room or space must have
a natural or mechanical means of ventilation. The interior air must
be free of pollutants at a level that might threaten or harm the health
of residents.
(4) Water supply. The water supply must be free from
contamination.
(5) Sanitary facilities. Residents must have access
to sufficient sanitary facilities that are in proper operating condition,
are private, and are adequate for personal cleanliness and the disposal
of human waste.
(6) Thermal environment. The Dwelling Unit must have
any necessary heating/cooling facilities in proper operating condition.
(7) Illumination and electricity. The structure must
have adequate natural or artificial illumination to permit normal
indoor activities and support health and safety. There must be sufficient
electrical sources to permit the safe use of electrical appliances
in the structure.
(8) Food preparation. All food preparation areas must
contain suitable space and equipment to store, prepare, and serve
food in a safe and sanitary manner.
(9) Sanitary conditions. The housing must be maintained
in a sanitary condition.
(10) Fire safety.
(A) There must be a second means of exiting the building
in the event of fire or other emergency.
(B) Each Dwelling Unit must include at least one battery-operated
or hard-wired smoke detector, in proper working condition, on each
occupied level of the unit. Smoke detectors must be located, to the
extent practicable, in a hallway adjacent to a bedroom. If the unit
is occupied by hearing impaired persons, smoke detectors must have
an alarm system designed for hearing-impaired persons in each bedroom
occupied by a hearing-impaired person.
(C) The public areas of all Dwelling Units must be
equipped with a sufficient number, but not less than one for each
area, of battery-operated or hard-wired smoke detectors. Public areas
include, but are not limited to, laundry rooms, community rooms, day
care centers, hallways, stairwells, and other common areas.
(c) Lead-based paint remediation and disclosure. The
Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), the
Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C.
4851-4856), and implementing regulations in 24 CFR Part 35, subparts
A, B, H, J, K, M, and R apply to all shelters and all Dwelling Units
occupied by Program Participants.
|
