LOUISVILLE, Ky. (WDRB) -- January has brought snow, ice, and freezing temperatures to Louisville. That means the city's White Flag shelters have been staying busy. 

In extreme cold or heat, Operation White Flag goes into effect. During a wind chill of below 35 degrees or a heat index over 95 degree, shelters will fly a white flag outside, allowing people to remain inside as long as the flag is flying. One of those shelters in downtown Louisville is Wayside Christian Mission. 

"If Wayside wasn't here, there's a lot of folks that would be out on the street and would have a difficult time surviving," said Wayside's Chief Operating Officer Nina Moseley. 

She said the current frigid temperatures bring hundreds of people inside the shelter.

"White Flag usually is never for this many days in a row," she said. 

Moseley said each year shelters must renew their license, but she recently realized things never got sorted out after Wayside was denied a license, when trying to renew in September of 2023. That means the shelter has been operating without a license for more than a year.

"When the inspector from the codes department came out, he didn't inspect the shelter, he went to the wrong building. Our license was denied in part because they said it didn't match what was shown, and obviously they were in the wrong building," Moseley said. 

She said at the time, she was told to get someone to come back for another inspection, she'd have to re-file the application and submit another $150 fee. 

"Which I protested," she said. "I said, 'Why do I pay the fee again when he never inspected the shelter to begin with?'"

Moseley said "by the time all that transpired" the months had rolled into November and she was busy with Wayside's holiday events, White Flag season, and major renovations going on at the building. 

"It's one of those things that slipped through the crack, the department didn't follow up," she said. 

Emily Martin, executive administrator of communications for Metro's Department of Codes and Regulations said in a statement that the office is "dedicated to ensuring that shelters are properly licensed to promote public safety."

Martin said the department collaborates with the fire department and health department, and added that Codes and Regulations is "committed to assisting Wayside Christian Mission and any shelter in navigating the application and inspection process."

Martin said the Department of Codes and Regulations is ultimately responsible for ensuring no business is operating without the required license or permits.

"Our office denied the previous application submitted by Wayside and outlined the necessary steps to be completed within 60 days for their license to be approved. We had not authorized continued operations, and there is no documentation indicating that we re-inspected the property to confirm it was not operating as a shelter," Martin said.

Moseley said Wayside Christian Mission has had multiple other inspections since 2023.

"It's not like we were flying under the radar," Moseley said. "The health department was here. I have a current health department permit for our food source. The fire marshal comes every year. In addition, we have the state boiler inspection every year, the state elevator inspection every year, and we have a federal VA inspection because we do house homeless veterans. That's a very intense inspection."

According to Moseley and public documents, Wayside Christian Mission submitted a new application for a license just a few days ago, in mid-January.

Martin said Codes and Regulations has already inspected the shelter, and it passed inspection. She said the final steps include inspections by Louisville Fire and the Louisville Metro Public Health and Wellness. Pending those outcomes, the new license will be issued.

Moseley said the health inspector is expected to be on site Tuesday.

Earlier this month, The StrEatery Food Hall on West Woodlawn Avenue in the Beechmont neighborhood opened as a warming spot for those in need, providing shelter, hot meals, drinks, socks, hats and gloves.

However, that help was halted when the fire department issued The StrEatery a violation to "discontinue use as an overnight emergency shelter until additional permits/approvals can be obtained from Codes & Regulations."

Donovan Sims, Louisville Fire Captain, Sims explained why the business was cited by after the health department gave the all-clear:

"Health regulations are focused primarily on food safety & sanitation," Sims said in a written statement. "Fire and building codes establish minimum fire and life safety standards for construction and occupancy of buildings with an emphasis on safeguarding occupants."

As for what the owners could have done differently to avoid the issue, Sims said a proposal needs to be submitted to Metro Codes and Regulations to "conduct a thorough plan review and evaluation, required to ensure the building has proper features, construction, and safeguards for its intended use."

Some of those safeguards include a fire alarm system, smoke alarms, fire sprinklers, modifications to emergency exits, etc., and enough time needs to be allowed for a thorough review and approval. 

Soon after, Councilmembers Betsy Ruhe, D-12, and Jennifer Chappell, D-15, partnered with the director of Codes and Regulations to get an alternative site up.

Sojourn Church Carlisle agreed to serve as a replacement shelter. It's located at the corner of Carlisle Avenue and Taylor Boulevard, less than two miles away from The StrEatery. 

Ruhe and Chappell said in a news release that the church had obtained a 30-day permit to serve as an overnight emergency shelter.

As for Wayside Christian Mission, Moseley said she's confident in the current application and the shelter remains open. 

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