Johnson Street Shelter variance request

This page is specifically for feedback related to the variance request submitted to the Health Department. If you have thoughts or questions about the Johnson Street Shelter or homelessness in general, please route them to the City of Missoula’s Safe Shelter page on Engage Missoula.

The City of Missoula is requesting that the Health Board grant a variance to temporarily use chemical toilets at the Johnson Street Shelter at 1919 North Ave. W. in Missoula until new, upgraded water and sewer lines are extended to the property and plumbed bathroom facilities are established.

The Missoula City-County Health Department’s Health Code Regulation 1 prohibits chemical toilets to serve as the main toilet facilities for permanent structures; however, variances to allow the use of chemical toilets at permanent structures are sometimes necessary for various reasons. A more well-known example of when the Health Board has granted a similar variance is for the Kettlehouse Amphitheater to use chemical toilets (also known as portable toilets) for summer concerts.

The City plans to complete the necessary renovations no later than April 10, 2024. Without a variance, the City would not be able reopen the shelter to serve people currently living in parks and other public spaces until adequate bathroom facilities were installed.

Environmental Health Division staff have determined that granting this variance with certain conditions will not adversely affect the health, safety or welfare of any individual or cause adverse environmental effects and are recommending approval. The conditions the health department recommends with this variance include:

• An adequate number of chemical toilets be available whenever the shelter is occupied, and if this requirement is not met, the shelter may not be occupied
• The applicant maintains the chemical toilets in a sanitary fashion, and if they are not maintained in a fashion that mitigates health and safety risks, the shelter may not be occupied
• The chemical toilets must be rented from a supplier licensed by the state Department of Environmental Quality, be in good condition to prevent wastewater leakage, have self-closing doors and have screens on the outer openings to keep insects out
• The chemical toilets must be placed or secured so wind or other forces do not tip them over
• Contents of the toilets must be disposed of off-site at the Missoula Wastewater Treatment Plant or other DEQ-approved facility
• The septic tank and seepage pits on the property must be properly addressed in accordance with the Health Code as soon as a new city sewer line is connected to the structure and the tank and pits are no longer in use

As proposed, the variance would expire on April 10, 2024. If the applicants fail to comply with the conditions or any permit issued under the variance, it would be voided in its entirety. The variance applies only to the 1919 North Ave. W. location, and would not relieve the applicant of any other obligations under local, state and federal laws or regulations. Learn more about the criteria the applicants have to meet to achieve this variance in the staff report.

The City of Missoula has also asked the Health Board to waive the $725 variance application fee. The cost to the health department, in terms of time and resources, is approximately $1,100.

The Health Board approved this request at their meeting on Aug. 17, 2023.