Part 15, Migrant Farmworker Housing

Notice

The information contained on this website is not the official version of the Compilation of the Rules and Regulations of the State of New York (NYCRR). No representation is made as to its accuracy. To ensure accuracy and for evidentiary purposes, reference should be made to the Official Compilation of the Rules and Regulations of the State of New York, available from West Publishing at 1-800-344-5009.

(Statutory authority: Public Health Law, section 225)

Sections

General Provisions

15.1 Definitions.

As used in this Part, the following words and terms shall have the indicated meaning:

  • (a) Potable water shall mean water provided or used for consumption or for washing, showering or cooking purposes.
  • (b) Dwelling unit shall mean one or more rooms containing cooking, sleeping, bathing and toilet facilities for the use of the occupants. All the facilities do not need to be in the same structure but shall be readily accessible to, and under the control of the occupants.
  • (c) Migrant labor camp or migrant farmworker housing shall mean a property which consists of a tract of land and all vehicles, mobile homes, buildings or other structures pertaining thereto, any part of which may be used or occupied by persons employed as migrant farmworkers including sleeping facilities, provided in whole or in part by the employer of such persons, owner, lessee, or operator thereof, with or without stipulated agreement as to the duration of their stay, whether or not they are supplied with meals but who are supplied with such utility services as are necessary for their habitation of such property.
  • (d) Farm activities shall mean the activities carried out in connection with the production or processing of agricultural, horticultural, or fur industry products such as: fitting, planting, cultivating, harvesting, vining, sorting, grading, skinning, packing, storing, canning, freezing, dehydrating, bottling and preserving or treating by any method.
  • (e) Migrant farmworker shall mean an individual who is employed in farm activities of a seasonal or temporary nature.
  • (f) Permit issuing official shall mean the State Health Commissioner, the health commissioner or health officer of a city of 50,000 population or over, the health commissioner or health officer of a county or part-county health district, or the State district director having jurisdiction, or any county or public health director having all the power and duties prescribed in section 352 of the Public Health Law. A permit-issuing official may designate health department staff to act in his behalf to issue the permits required by this Part.
  • (g) Sewage shall mean the waste from a flush toilet, bath, sink, shower laundry tray or tub, dishwashing or laundry machine, or the water-carried waste from any other fixture or equipment or machine.
  • (h) Hot water shall mean water heated or tempered to provide a temperature of 110 to 120 degrees Fahrenheit at the point of use.
  • (i) Adequate shall mean sufficient to accomplish the purposes for which something is intended, and to such a degree that no unreasonable risk to health or safety is presented. An item installed, maintained, designed and assembled, an activity conducted or act performed, in accordance with generally accepted standards, principles or practices applicable to a particular trade, business, occupation or profession, is adequate within the meaning of this Part.
  • (j) Uniform Code shall mean the New York State Uniform Fire Prevention and Building Code, 9NYCRR, Subtitle S, Chapter 1.

15.2 Application.

  • (a) The requirements of this Part shall apply to migrant farmworker housing facilities occupied by five or more persons one or more of whom are employed to perform farm activities. In determining whether a certain property constitutes a migrant farmworker housing facilities within the intent of this Part, the property owner or other persons occupying the property on a continuous annual basis shall not be included in computing the number of persons occupying the property.
  • (b) The requirements of this Part shall not apply to:
    • (1) a private residence, a facility regulated by Subparts 7-1 and 7-2 of this Title, or other similar property which is primarily occupied or maintained for occupancy of persons other than migrant farmworkers; and
    • (2) any other type of operation, occupancy or use of a property determined by the State Commissioner of Health as not being within the intent of regulation by this Part.
  • (c) Variance. In order to allow time to comply with a provision of this Part, an operator may submit a written request to the permit-issuing official for a variance. Such variance request shall not be granted unless the operator demonstrates that the health and safety of the housing occupants and the public will not be prejudiced by the variance, and there are practical difficulties or hardships in immediate compliance with the provisions. An operator must meet all terms of an approved variance including the effective date, the time period for which the variance is granted, the requirements being varied and any special conditions the permit-issuing official specifies. A variance shall end one year from its date of issuance, unless it is granted for a lesser period of time.
  • (d) Waiver. In order to accept alternative arrangements that do not meet a provision of the Part, an operator may submit a written request to the permit-issuing official for a waiver from a specific provision of this Part. Such request shall not be granted unless the operator can demonstrate that circumstances exist that are beyond the control of the operator, compliance with the provision would present a hardship and that the public and housing occupants' health and safety will not be endangered by granting such a waiver. The permit-issuing official shall obtain and be guided by the recommendation of the State Department of Health prior to granting or denying a waiver. An operator must meet all terms of an approved waiver(s). A waiver will remain in effect indefinitely unless revoked by the permit-issuing official or the facility changes operators.

15.3 Enforcement.

  • (a) Permits and placarding:
    • (1) Operation of a migrant farmworker housing facility without a permit is a violation of this Part. The permit-issuing official may order any facility operating without a permit to close and remain closed until a valid permit for operation of the facility is obtained.
    • (2) The enforcement procedures delineated in section 12, 12-a, 12-b, 16, 206, 225, 308, 309, 1303-1305, 1308 and 1330 of the Public Health Law shall be used as appropriate. Where a public health hazard is found, the building or portion of the migrant farmworker housing facility constituting the hazard may be placarded to prohibit use until the hazard is corrected in order to protect the public health or safety of the occupants. When a placard is used, it shall be conspicuously posted at each entrance or walkway leading to the portion of the property where the hazard exists. The placard shall state the authority for its placement and indicate that concealment, mutilation, alteration or removal of it by any person without permission of the permit-issuing official shall constitute a violation of this Chapter and the Public Health Law.
    • (3) As soon as possible and in any event within 15 days after placarding a facility, the operator shall be provided with an opportunity to be heard and present evidence that continued operation of the facility does not constitute a danger to the health or safety of the occupants or the public. The hearing shall be conducted by the permit-issuing official or his designated hearing officer.
    • (4) The permit-issuing official or his designated representative shall inspect the premises within two working days of notification that the hazard has been eliminated, to remove the placards after verifying correction.
  • (b) Public health hazards.
    • (1) a public health hazard is any condition which could be reasonably expected to be responsible for illness, physical injury or death.
    • (2) Any of the following violations are public health hazards which require the permit-issuing official or his designated representative to order immediate correction or to immediately institute action as provided in the law and in this Part:
      • (i) the condition of the electric service, wiring, or electrical system components is such a that an imminent fire or shock hazard exists.
      • (ii) installation or operation of stoves, including cook stoves, or other heat producing equipment constituting a fire hazard or inadequate venting of fumes.
      • (iii) failure to provide required fire exits or blockage of a required exit by locking or other obstruction.
      • (iv) use of construction materials resulting in an imminent fire, or structural safety hazard.
      • (v) potable water system serving the camp contains contaminants in excess of the levels prescribed in applicable sections of Part 5 of this Title.
      • (vi) treatment of the camp water system, when required for disinfection or removal of contaminants, is not continuous.
      • (vii) presence of cross-connections or other faults in the plumbing system which result, or may result in contamination of the potable water supply.
      • (viii) inadequately treated sewage discharging on the ground surface in an area accessible to camp occupants, or in a manner which may contaminate food service areas, or result in pollution of a ground or surface water supply source.
      • (ix) storage of hazardous materials, including agricultural chemicals and pesticides, or their containers in a manner which is hazardous to the health or safety of the housing occupants, or contamination of housing by hazardous materials that are hazardous to the health and safety of the housing occupants.
      • (x) other conditions which constitute a public health hazard.

15.4 Permit to operate required; application, issuance, revocation, posting, inspections, access.

  • (a) Permit required. No individual, group of individuals, partnership, firm, corporation, or association shall operate any migrant farmworker housing facility as defined by this Part or cause or allow the same to be occupied without a permit to do so from the permit issuing official.
  • (b) Application for permit. Application for a permit to operate a migrant farmworker housing facility shall be made by the camp operator using forms provided by the Health Department at least 30 days before the first day of proposed operation of such housing facility. Following the revocation of a permit, a new application for permit must be filed at least 72 hours before resuming operation. Operating permits shall not be transferable or assignable and cannot be issued for a term greater than 12 consecutive months.
  • (c) Permit issuance. The permit issuing official shall issue a permit when the migrant farmworker housing facility conforms, or will conform, to the requirements of this Part, and does not present a danger to the health or safety of the housing occupants. The operator to whom the permit is issued shall comply with the requirements of this Part and with any additional conditions stated in the permit. An application for a permit may be denied when the applicant has exhibited a history of noncompliance with the requirements of this Part.
  • (d) Revocation, suspension. A permit may be revoked or suspended by the permit issuing official if the migrant farmworker housing facility for which the permit was requested or issued was found to have been maintained, operated or occupied in violation of the the Public Health Law, or this Chapter. Before suspension, or revocation of a permit, or after receipt of a Notice of Violation, the permittee, or applicant, shall be given the opportunity to be heard by the permit-issuing official or his designated officer to appeal the revocation, or suspension of the permit to operate. A permit may be revoked upon request of the permittee or upon abandonment of operation.
  • (e) Posting. Posters supplied by the permit-issuing official which list the responsibilities of the operator and occupants for operation and maintenance of the housing facilities and environs must be placed in locations readily visible to the occupants.
  • (f) Inspections. Any property that is operated, or suspected of being operated as a migrant farmworker housing facility as defined by this Part is subject to inspection by the permit-issuing official or their representative.
  • (g) Pre-occupancy inspection required. No occupancy shall be allowed until after the required inspection has been made and a permit is issued, or permission to occupy is granted by the permit-issuing official.
  • (h) Operational inspections. A facility may be exempted from inspections, other than inspections based upon a complaint or an injury or illness investigation, during occupancy by migrant farmworkers if the permit-issuing official determines the operator has operated the facility for at least two consecutive years without any violations of this Part, and in a manner demonstrating such operation does not present an unreasonable risk to the health or safety of the occupants. The exemption applies only during the term of the permit and its renewal will be based upon continued documented compliance with the provision of this Part.
  • (i) Access. The permit-issuing official or their representative shall be allowed entry for the purposes of inspection to any property operated or suspected of being operated as a migrant farmworker housing facility as defined by this Part.

Standards

15.5 Location, grounds.

  • (a) Location. All migrant farmworker housing facilities shall be well drained, and be free of depressions where water may pool and stagnate. The site shall be located where disposal of sewage can be provided in a safe, sanitary manner which neither creates nor is likely to create a public health nuisance or health hazard.
  • (b) Grounds. The grounds of a migrant farmworker housing facility shall be maintained in a clean and sanitary condition, and be free of noxious plants. Driveways and access roads shall be maintained to allow free and safe vehicular access to the property.

15.6 Housing, fire hazards; maintenance.

  • (a) Requirements for new construction.
    • (1) No migrant farmworker housing facility, or any portion thereof, shall be constructed or enlarged for occupancy or use, and no property shall be converted for occupancy or used as a migrant farmworker housing facility without the permit-issuing official being first notified in writing. The required notice of construction, enlargement or conversion shall be submitted at least thirty days prior to beginning such construction on a form approved by the Commissioner of Health. The notice may be supplemented by such further information, plans or specifications as required by the permit-issuing official.
    • (2) All new construction including alterations, enlargements, conversions, or relocation of mobile homes, shall conform with the Uniform Code. A Certificate of Occupancy, or equivalent documentation to certify the construction was completed in conformance with the Uniform Code requirements, must be obtained prior to occupancy, and be available for review on request by the permit-issuing official.
  • (b) General requirements. A building or structure which is part of a migrant farmworker housing facility shall be structurally safe, adequate in size for its use, and easy to keep clean. Every foundation, roof and exterior wall, door, skylight and window shall be maintained to prevent entrance by rodents, weathertight and watertight, and shall be kept in sound condition and good repair. Porches, landings, stairs, and railings shall be maintained structurally sound and in good repair. Interior floors, walls, doors and ceilings shall be sound and in good repair.
  • (c) Flooring required in buildings. A building used for accommodation of people in a migrant farmworker housing facility shall have a floor which is constructed of smooth, readily cleanable, durable material such as sealed concrete, close-grained wood or composition material. Floors and floor covering materials shall be maintained in cleanable condition and in good repair.
  • (d) Sleeping quarters. Adequate sleeping quarters shall be provided.
    • (1) Sleeping quarters shall contain at least 50 square feet of floor area for each occupant over two years of age.
    • (2) The required floor area in a room used for sleeping shall consist only of that part which has a minimum ceiling height of at least five feet, and at least 80 percent of the required floor area shall have a minimum ceiling height of at least seven feet.
      • (i) In all housing facilities constructed after May 1, 1997, rooms used for sleeping are required to have a minimum ceiling height of seven and one-half feet.
    • (3) Adequate sleeping facilities shall be provided for each person. Such facilities shall consist of beds, cribs or bunks, complete with required springs and mattresses. Every bed, bunk, crib, bed or bunk spring, mattress, pillow, sheet, pillow case, blanket or other bed cover, provided by the operator, shall be clean and in good condition at the time of issue.
    • (4) Each sleeping quarters shall contain adequate space for the storage of clothes and personal possessions of each occupant. As a minimum, this space shall include 21 square feet of wall storage area which has a minimum depth of 12 inches and is equipped with clothes rods or hooks and shelving for each occupant. Other provisions which provide equivalent storage capacity for each person may be substituted.
    • (5) Separate sleeping quarters for persons of each sex shall be provided except in the housing of families.
    • (6) There shall be a clear space of at least 27 inches above the sleeping surface of a bed, bunk.
    • (7) When a separate partitioned sleeping area is provided for parents having one or more children two years of age or over, the partition shall be of sound construction and extend a minimum of six feet above the floor.
  • (e) Light and ventilation. Adequate light and ventilation shall be provided in each habitable room, and in common use rooms and areas including: kitchens, dining rooms, mess halls, cooking areas, hallways, stairways, laundry rooms, shower rooms, privies and toilet rooms. Adequate artificial lighting and mechanical ventilation may be provided in lieu of natural light and ventilation in toilet rooms and shower rooms where approved by the permit-issuing official.
    • (1) For sleeping quarters, kitchens, cooking areas, dining rooms, mess halls, toilet rooms and privies, natural light shall be provided by windows, transoms or skylights having a total area within the casements of at least 10 percent of the floor area of the room.
    • (2) Provision shall be made for natural ventilation in each sleeping quarters, dining room, kitchen, cooking area, mess hall, bathroom, washroom, public space, toilet room or privy, by providing that at least 40 percent of the area within casements required for light shall be capable of being opened.
      • (i) In all housing constructed after May 1, 1997, it is required that 50 percent of the required window area be capable of being opened.
    • (3) One or more ceiling or wall-type electric light fixtures which provide adequate lighting shall be installed in each habitable room, and all common use rooms or areas including: kitchen, cooking area, dining room, mess hall, bathroom, washroom, shower room, laundry room, hallways, stairways, public space, toilet room, and at each privy. At least one separate wall-type electric duplex outlet shall be provided in addition to the required electric light fixture in each sleeping quarters, bathroom, washroom, laundry room, cooking and eating spaces. Additional electrical circuits and outlets may be required when problems with overloading or excessive use of extension cords are identified. The electric service, wiring, and fixtures shall be properly installed in accordance with the Uniform Code and be maintained in good repair and safe condition.
  • (f) Stoves. All stoves, heating units or other source of heat using combustible fuel shall be installed and vented in such a manner as to avoid both a fire hazard and a dangerous concentration of fumes or gas.
    • (1) No portable heaters or stoves, other than electrical, shall be provided or used. In a room with a combustible floor, there shall be a concrete slab, metal sheet or other fireproof material on the floor under any solid fuel burning stove, or heating unit, extending 18 inches beyond the perimeter of the base of the unit. Any wall, ceiling, or other combustible surface or material within 18 inches of a heating unit or chimney pipe shall be adequately protected with fire proof material or moved to a distance of 36 inches or greater from the heater or pipe. Stoves and heating units intended to be provided with a stovepipe shall have such stovepipe connected to the stove and discharging to the outside air or to a chimney. A stovepipe or vent pipe passing through a combustible wall, ceiling, floor or roof shall be installed with adequate fire protection.
    • (2) Electric stoves and portable electric heaters and gas fueled space or water heaters or any other heat producing equipment and appliances shall be adequately designed, installed and maintained.
  • (g) Fire exits. A building in which people sleep or eat shall be provided with ready exit in case of fire and shall have at least two exits from each occupied floor. Where sleeping quarters are located above the ground floor, at least one outside exit from each floor above the ground floor is required. Windows in sleeping quarters two stories or less in height may constitute a required exit, if the sill is no more than three feet above the floor, the drop from the windowsill to an unobstructed area on the ground below is less than 14 feet, and the window has a minimum openable area of four square feet with a minimum dimension of 18 inches. Every sleeping room in which 10 or more individuals sleep shall have at least two exit doors which swing in the direction of exit travel and open to the outside of the building, or to an interior hall. Any stairway extending beyond two occupied floors in a building shall have tight-fitting, self-closing doors which have a minimum three quarter hours fire rating at each floor level. The doors shall swing in the direction of exit travel. Stairways shall be enclosed within smoke-tight walls. All required exit pathways shall be maintained free and clear.
  • (h) Fire extinguishing equipment. A minimum of a type 2A rated fire extinguisher shall be provided in a readily accessible location not more than 100 feet from each housing unit. In addition, a minimum of a type 5BC rated extinguisher shall be provided within 30 feet of all rooms containing cooking facilities. Any extinguisher with an equivalent A:BC rating may be provided.
  • (i) Fire and smoke detection devices. Each dwelling unit shall have smoke detection devices that are adequately designed, installed and maintained in accordance with the Uniform Code. Battery operated devices are acceptable in existing construction.
  • (j) Heating. All habitable rooms used or occupied between September 1 and June 1, including bathrooms, shower rooms and washrooms must have heating facilities which are properly installed and maintained, and which are capable of maintaining a minimum temperature of 68 degrees Fahrenheit in each room. Heating facilities may be required by the permit issuing official at housing facilities which are occupied at times other than noted above when the room temperature falls below 68 degrees Fahrenheit. When regulation of the temperature is not controlled by the occupants, the heating facilities must be operated to maintain minimum temperature requirements in all occupied habitable rooms during the specified time period.
    • (i) In housing constructed after May 1, 1997, all habitable rooms shall have heating equipment which is capable of maintaining a minimum temperature of 70 degrees Fahrenheit, and a minimum temperature of 70 degrees Fahrenheit shall be maintained as required.
  • (k) Screening of exterior openings. Effective screening shall be provided for all windows and exterior openings of dwelling units. Screen doors shall be tight fitting and self-closing. All screening shall be maintained in good repair.

15.7 Water.

Every water supply serving a migrant farmworker housing facility shall comply with requirements of Part 5 of this Title, and, in addition, shall meet the following requirements:

  • (a) The water supply shall not exceed the maximum contaminant levels in sections 5-1.51 and 5-1.52 contained in Subpart 5-1 of Part 5 of this Title.
  • (b) Minimum standards. Potable water shall be adequate in quantity and quality and shall be readily available to occupants of the property. Only potable water shall be so delivered or piped as to be easily accessible.
  • (c) Source protection. All potable water sources and distribution systems shall be designed, located, constructed and maintained to provide protection against contamination or pollution. All pumps, piping, fixtures and appurtenances shall be adequately installed and maintained to protect against contamination of any water source.
  • (d) Connections prohibited. There shall be no physical connection between the potable water supply and any non potable water supply. Any fixture, installation or equipment which is subject to back-siphonage shall be adequately installed and maintained to protect against contamination of any water source.
  • (e) A minimum pressure of 20 pounds per square inch, at peak demand, shall be maintained in all parts of the distribution system.
  • (f) Reports on water treatment. When a water treatment process is required to maintain adequate water quality, accurate and complete reports on the operation of the treatment system shall be maintained daily and submitted at least monthly to the permit issuing official on a form supplied for this purpose.
  • (g) Interruptions, changes in sources of treatments. Any incident or condition which effects the quantity or quality of the onsite potable water supply shall be reported to the permit-issuing official within 24 hours of occurrence. There shall be no changes made to the source, or method of treatment of a potable water supply, either temporary or permanent, without first receiving approval from the permit-issuing official. An adequate supply of potable water must be provided and maintained during all times of operation.

15.8 Toilets, privies.

  • (a) General requirements. Toilet facilities shall be provided. These facilities shall be conveniently located, constructed of cleanable materials, and maintained in a sanitary condition and in good repair. Toilet facilities for groups of people consisting of both sexes, except those in individual dwelling units, or those shared by not more than two family groups, shall be so arranged that the facilities are separate for each sex. Toilet facilities shall be accessible without having to pass through any sleeping room.
  • (b) Location, construction. Toilet facilities for all new construction and/or renovation construction shall consist of flush toilets. Existing sanitary privies can be used until October 1, 1999, provided that all of the following conditions are met: location is such that it does not cause pollution of any water supply source or surface water; facilities are adequate in number and type for the camp occupancy; adequate insect and vermin-proofing (screening, self-closing doors, etc.) is provided and maintained; toilet seats and lids are provided; adequate ventilation is provided for both the pit and privy enclosure; and, facilities are maintained in sanitary condition and good repair. All privies shall be replaced with flush toilets on or before October 1, 1999.
  • (c) Minimum standard; prohibitions. There shall be at least the following: one toilet or privy seat for each 15 occupants or fraction thereof for each sex. Urinals shall be provided at the rate of one urinal for each 30 men or fraction thereof in the camp, and may be substituted for up to a maximum of one-third of the required toilets, or additional flush toilets may be provided in place of required urinals. In determining the required number of toilets for men and women, family groups which have toilet facilities in their own dwelling unit shall not be counted. Urinals shall not be required in toilet facilities with in a dwelling unit. The required toilet facilities shall be within 200 feet, of each sleeping room. No flush toilet fixture or urinal shall be in a sleeping room. No privy shall be within 50 feet of any sleeping room, dining room, mess hall or cooking area. When multiple toilets or privy seats are located in a common room or space, privacy enclosures shall be provided.
    • (i) All housing constructed after May 1, 1997, shall have urinals provided at the rate of one for each 25 men, or fraction thereof, in the housing facility.

15.9 Sewerage.

  • (a) General requirements. Facilities shall be provided and maintained for the satisfactory disposal or treatment and disposal of sewage.
  • (b) Submission of plans. A plan for proposed new or modified sewage treatment facilities shall be submitted to the permit-issuing official at least 30 days prior to beginning construction.
  • (c) Plan approval and construction. A permit or written approval for the sewage system plans shall be obtained from the permit-issuing official or the NYS Department of Environmental Conservation. No construction of new or modified sewage treatment facilities shall be commenced until such permit or written approval has been received by the permittee. Construction shall be in accordance with the approved plans.
  • (d) Inadequately treated sewage. The presence of inadequately treated sewage on the surface of the ground shall not be allowed. Any discharge occurring in an area frequented by the camp occupants, or which contaminates food service areas, or results in contamination of a potable water supply is an imminent hazard which requires immediate correction.

Food Protection and Garbage and Refuse Disposal

15.10 Food preparation and service.

Adequate facilities to allow safe storage, preparation, and service of food shall be provided.

  • (a) Central kitchen or Commissary. Wherever meals are furnished or offered for sale in a central kitchen or commissary the provisions of Subpart 14-1 of this Chapter must be met.
  • (b) Cooking and dining facilities. When meals are not furnished or sold to the occupants, adequate cooking and dining facilities must be provided. This may be accomplished by providing either a common cooking area consisting of a separate well lighted and ventilated room which is adequately equipped for cooking and dining, or by providing facilities for cooking and dining within each individual dwelling unit. When the required cooking and dining facilities are provided within individual dwelling units, the facilities shall be located either in a separate room, or a separate area of at least 10 square feet per person shall be set aside for this purpose.
    • (i) In housing constructed after May 1, 1997, where occupants are required to cook, live and sleep in the same room, a minimum of 100 square feet of floor area is required for each occupant.
  • (c) A cooking area shall be considered adequately equipped when it contains the following items as a minimum:
    • (1) properly installed cook stoves with a minimum of two burners in each individual dwelling unit. Existing housing facilities with common cooking areas shall have adequate cook stoves providing a ratio of two burners per 5 occupants or fraction thereof, unless the permittee demonstrates to the permit-issuing official that the cooking demands of the camp population are adequately met by the existing ratio of two burners per 10 occupants or fraction thereof. All housing constructed after May 1, 1997, shall have cook stoves providing a ratio of 2 burners per 5 occupants or fraction thereof. Cooking equipment must be maintained in proper operating condition.
    • (2) an adequate amount of food and utensil storage shelves and counter space for food preparation; shelves and counters shall be constructed of materials that are non-toxic, non-absorbent and easily cleanable, and shall be maintained in good repair;
    • (3) adequate provisions for safe storage and mechanical refrigeration of food at a temperature of not more than 45 degrees Fahrenheit. Refrigeration equipment must be maintained;
    • (4) table and chairs or equivalent seating with adequate capacity for the intended use. The tables and chairs shall be maintained in good repair;
    • (5) a dishwash sink which is supplied with cold running water, adequate in size for the intended use, and adequately installed and maintained. Hot water should be readily accessible for dishwashing needs;
    • (6) non-absorbent, easily-cleaned wall and floor surfaces in food preparation, cooking and dishwashing areas; and
    • (7) all housing constructed or modified after May 21, 1969 shall be equipped with a sink supplied with hot and cold running water.

15.11 Garbage; refuse.

An adequate number of covered storage receptacles shall be provided and used for the storage of garbage and refuse. The storage receptacles shall be constructed of durable, cleanable materials and be maintained in a sanitary condition and in good repair. Garbage and refuse shall not be allowed to accumulate on the surface of the ground.

Laundry and Bathing Facilities

15.12 Laundry and bathing facilities.

  • (a) Bathing facilities. Shower facilities, separate for each sex, shall be provided. There shall be at least one shower head provided for each 15, or fraction thereof, in the camp. Facilities shall provide an adequate supply of tempered water or both hot and cold running water at every shower head. Shower room floors shall be constructed and maintained with non-absorbent, non-skid materials and sloped to floor drains. Adequate, dry dressing space shall be provided in common use facilities. Separate facilities for each sex are not required when the facilities are located in individual dwelling units.
    • (i) All housing constructed after May 1, 1997, shall have showers provided in the ratio of one shower for every 10 occupants, or fraction thereof.
  • (b) Mechanical clothes washers, laundry trays, tubs, and sinks. Laundry trays, wash tubs, or sinks supplied with hot and cold running water shall be provided in the ratio of one for each 25 persons, or fraction thereof residing at the facility. If mechanical washers are provided, they must be supplied with hot and cold water, and may be provided in the ratio of one for each 50 persons, or fraction thereof, residing at the facility. When mechanical washers are provided there must also be a minimum of one laundry tray, tub, or sink for each 100 persons, or fraction thereof, residing at the facility. Adequate provisions for drying clothes must be provided.
  • (c) Handwashing facilities. Handwashing facilities shall be provided and supplied with both hot and cold running water, in the ratio of one lavatory sink for each 15 persons, or fraction thereof, in the camp.
    • (i) All housing constructed after May 1, 1997, shall have handwash sinks provided in the ratio of one per family shelter, or one per six persons, or fraction thereof, in shared facilities.
  • (d) All shower, laundry, and handwash facilities shall be installed, and be maintained in adequate repair and sanitary condition.

Duties of Permitee, Responsibilities of Occupants

15.13 Miscellaneous; duties of permittee.

  • (a) Medical emergency access. Arrangements shall be made to assure access to adequate medical care at or readily available to the migrant farmworker housing. All occupants shall have access to an adequate communication system for summoning help in the event of a medical or safety emergency. An adequate first-aid kit shall be available for use by the occupants of the housing facility.
  • (b) The permittee shall be responsible for maintaining all dwelling units in a structurally sound condition, which prevents infestation by rodents and insects, and shall be responsible for providing or obtaining any required extermination.
  • (c) Hazardous materials.
    • (1) Storage. No flammable or volatile liquids or materials shall be stored in or adjacent to rooms used for living purposes, except for those needed for current household use. Agriculture chemicals including pesticides shall not be stored in the housing area.
    • (2) Contamination of housing. Whenever the buildings of a regulated migrant farmworker housing facility are contaminated, or suspected of being contaminated by hazardous materials, chemicals or pesticides, the occupancy or use of the housing facilities may be restricted by the permit-issuing official until required decontamination and/or corrective actions are completed.

15.14 Responsibilities of occupants.

All occupants are responsible for maintaining their dwelling unit and common use areas in a reasonably clean and sanitary condition; for exercising safe practices and proper care when using the facilities and equipment provided; for the sanitary storage and disposal of garbage and refuse which they generate using the facilities provided; for not using any unapproved heating or cooking device; and, for occupancy of the property in accordance with the permitted capacity.