Monday, July 22, 2024

Portable Shelter has new definition in state law: No longer just on wheels! Shelter versus Structure (legal definitions)

 A new definition for portable shelters has been provided in law, which states that a portable shelter is one that collapses, folds or is disassembled for transportation.

https://www.swnewsmedia.com/fish-houses-including-wheelhouses-require-shelter-licenses/article_47ff663e-5d1f-5f6f-b8a2-d97eeec4e17f.html 

Wow - news to me!

https://www.revisor.mn.gov/statutes/2020/cite/97C.355 

Subd. 35a.Portable shelter.

"Portable shelter" means a fish house, dark house, or other shelter that is set on the ice of state waters to provide shelter and that collapses, folds, or is disassembled for transportation.

 So it's "not" a tent? Or it IS a tent?!

A tent is portable meant to come down and travel with you. A tent is made of fabric of some kind or plastic sheeting that folds up.

 https://www.quora.com/Can-you-explain-the-difference-between-a-tent-and-a-shelter

 A tent can be a shelter but is a subheading under shelter. A sjheter is anything that shelters you or protrudes you from the elements. Normally in the context you mean a shelter is permanent, made of wood supported by boards or heavier materials than tents.

 https://housingmatterssc.org/words-matter-housing-vs-shelter/

Shelter is a temporary place to sleep indoors. It is, for many, a stabilizing step along the path to permanent housing. Those living in shelters are still unhoused. Shelters typically do not provide all the functionality of a home; those living in standalone shelters do not have access to cooking facilities, restrooms within their living space, or plumbing.

  in small, basic shelter structures.

 Oops - that's the problem with that article. Legally a shelter is NOT a structure except in how it is "used" - if it is occupied just "occasionally" then it can be used as a "shelter." But it if has facilities as described above then it is a residential structural dwelling unit. Even if it is NOT occupied! If it is "set up" to be used as a residential dwelling unit then that is what it is.

“Shelter solves sleeping. Housing solves homelessness,” as Gov. Gavin Newsom has said in the past.

Yes true unless the Guvmint raids your shelter as being illegal.

A focus on helping people through rapid re-housing or housing first is NOT anti-shelter. It just means that shelters are places that people can get out of homelessness and into housing as fast as possible; not places where people are trapped or expected to stay long term.

I know a lot of shelter providers were well intentioned as their program models evolved. Some of the things I have seen a lot of in my travels (and I figure I have been in over 200 homeless shelters):

https://www.orgcode.com/blog/cant-we-have-both-short-term-and-long-term-shelters 

 https://elixirfield.blogspot.com/2023/08/the-primitive-void-dwelling-secret.html

https://elixirfield.blogspot.com/2019/06/void-in-rule-of-primitive-dwelling-site.html 

 https://elixirfield.blogspot.com/2019/11/lawyers-reports-1905-legal-definition.html

 https://elixirfield.blogspot.com/2022/08/the-farm-structure-composting-toilet.html

 90 days is temporary or seasonal. Less than consecutive 30 days is "short-term occupancy" (no permit needed for camping).

 

 

inhabited means currently being used for dwelling purposes whether occupied or not. "Inhabited structure" and "inhabited property" do not include the real property on which an inhabited structure or an inhabited property is located.
short-term in Minnesota if ...isolated or occasional,....if any structure is used residentially on more than an occasional basis,

 impervious ground coverage is definition of a structure!

 Impervious means whatever material is on the ground will not let water penetrate.

 https://www.geocheminc.com/geoblock-porous-pavement-5009

 https://www.lowes.com/pd/VEVOR-38-in-L-x-12-in-W-x-3-in-H-Square-Black-Plastic-Stepping-Stone/5014298975?user=shopping&feed=yes&srsltid=AfmBOordXpvO9tbpUNFs-4mdTjUfGNXiPg2Vk0WIafCoc7y-4cFsqt1y_fM

 

 

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