Section 138.13. Conditions for permit.

  To be eligible for a permit, a migrant labor camp, or portion thereof, shall meet each and all of the following requirements:

  1.  Site.

  a.  Sites for migrant labor camps shall be adequately drained. Such sites shall not be subject to periodic flooding, nor located within two hundred feet of swamps, pools, sinkholes, or other quiescent surface collections of water unless the water surfaces can be subjected to mosquito and pest control measures. Sites shall be located so that drainage from and through the camp will not endanger any domestic or public water supply. Sites shall be graded, ditched, and rendered free from depressions in which water may collect and become a nuisance.

  b.  Sites shall be adequate in size to prevent overcrowding of necessary structures and to minimize the hazards of fire. Housing shall not be subject to, or in proximity to, conditions that create or are likely to create offensive odors, flies, noise, traffic, or attract rats or other rodents, or any other similar conditions.

  c.  The grounds and open areas surrounding the shelters, buildings, or structures, shall be maintained in a clean and sanitary condition free from rubbish, debris, wastepaper, garbage, and other refuse.

  d.  All camps shall provide space for recreation, commensurate with size of the camp and type of occupancy.

  e.  Whenever a camp is permanently closed or closed for the season, all garbage, manure, and other refuse shall be collected and disposed of to prevent a nuisance. All abandoned privy pits shall be filled with earth and the grounds and buildings left in a clean and sanitary condition. If privy buildings remain, then such buildings shall be locked or otherwise secured to prevent entrance.

  2.  Shelter.

  a.  Shelters shall be structurally sound and shall provide protection to the occupants.

  b.  At least one-half of the floor area in each living unit shall have a minimum ceiling height of seven feet. No floor space shall be counted toward minimum requirements where the ceiling height is less than five feet.

  c.  Sleeping facilities shall be provided for each person. Such facilities shall consist of comfortable beds, cots, or bunks, provided with clean mattresses.

  d.  Any bedding provided by the camp operator shall be clean and sanitary.

  e.  Triple deck bunks shall not be allowed.

  f.  The clear space above the top of the lower mattress of a double deck bunk and the bottom of the upper bunk shall be a minimum of twenty-seven inches. The distance from the top of the upper mattress to the ceiling shall be a minimum of thirty-six inches.

  g.  Beds used for double occupancy may be provided only in family accommodations.

  h.  Floors of buildings used as living quarters or shelters shall be constructed of wood, asphalt, concrete, or other comparable material. Wooden floors shall be of smooth and tight construction and shall be elevated not less than one foot above the ground level at all points to prevent dampness and to permit free circulation of air beneath. Floors shall be kept in good repair.

  i.  Nothing in this chapter shall prohibit banking with earth or other suitable material around the outside walls of shelters and other structures in areas subject to extremely low temperatures.

  j.  Living quarters of shelters shall be provided with windows and doors which shall be in total area not less than one-tenth of the floor area. At least one-half of each window shall be constructed so that it can be opened for purposes of ventilation.

  k.  Exterior openings shall be effectively screened with sixteen mesh material. Screen doors shall be equipped with self-closing devices.

  l.  In a room where people cook, live, and sleep, a minimum of sixty square feet per occupant shall be provided. Sanitary facilities shall be provided for storing and preparing food.

  m.  When a camp is operated during a season requiring artificial heating, living quarters with a minimum of one hundred square feet per occupant shall be provided and such living quarters or shelters shall, also, be provided with properly installed heating equipment of adequate capacity to maintain a room temperature of at least 70 degrees Fahrenheit. A stove or other source of heat shall be installed and vented in a manner to avoid both a fire hazard and a concentration of fumes or gas within such living quarters and shelters. In a room with wooden or combustible flooring, there shall be a concrete slab, metal sheet, or other fire-resistant material, on the floor under each stove, extending at least eighteen inches beyond the perimeter of the base of the stove. Any wall or ceiling not having a fire-resistant surface, within twenty-four inches of a stove or stovepipe, shall be protected by a metal sheet or other fire-resistant material. Heating appliances, other than electrical, shall be provided with a stovepipe or vent connected to the appliance and discharging to the outside air or chimney. The vent or chimney shall extend above the peak of the roof. Stovepipes shall be insulated with fire-resistant material where they pass through walls, ceilings, or floors.

  3.  Water supply.

  a.  An adequate and convenient water supply, approved by the department, shall be provided in each camp for drinking, cooking, bathing, and laundry purposes.

  b.  Each water supply shall be inspected at the time of occupancy of the camp and as frequently thereafter as is necessary to insure its continued suitability.

  c.  Distribution lines shall be capable of supplying water at normal operating pressures to all fixtures for simultaneous operation. Water outlets shall be distributed throughout the camp in such a manner that no shelter or living quarter is more than one hundred feet from a yard hydrant if water is not piped to the shelters.

  d.  A cold water tap shall be available within one hundred feet of each individual living unit when water is not provided in the unit. Adequate drainage facilities shall be provided for overflow and spillage.

  e.  Common drinking cups shall not be allowed or permitted.

  f.  Wells or springs used as sources of water supply shall have tight covers and be constructed and located to preclude pollution by seepage from cesspools, privies, sewers, sewage treatment works, stables or manure piles, or surface drainage. The water from such sources shall be obtained by free gravity flow or by an approved metal pump securely mounted on a concrete slab covering the well or spring. If the pump is adjacent to the well or spring, it shall be located and connected to prevent any pollution of such water supply.

  4.  Toilet facilities.

  a.  Approved toilet facilities adequate for the capacity of the camp shall be provided.

  b.  Each toilet facility shall be located so as to be accessible to the inhabitants of the camp without any individual passing through any sleeping room. Toilet rooms shall have a window not less than six square feet in area opening directly to the outside or shall otherwise be satisfactorily ventilated. All outside openings shall be screened with sixteen mesh material. No water closet, chemical toilet, or urinal shall be located in a room used for other than toilet purposes.

  c.  A toilet room shall be located within two hundred feet of each sleeping room. No privy existing on May 23, 1969, shall be nearer than fifty feet from any sleeping room, dining room, lunch area, or kitchen. No privy constructed after May 23, 1969, shall be nearer than one hundred feet from any sleeping room, dining room, lunch area, or kitchen.

  d.  Separate facilities shall be provided for men and women and such facilities shall be clearly marked by signs printed in English and in the native language of the persons occupying the camp, or marked with easily understood pictures or symbols, when men and women, not members of the same immediate family, are housed in the same camp.

  e.  Where toilet facilities are shared, the number of water closets or privy seats provided for each sex shall be based on the maximum number of persons of that sex which the camp is designed to house at any one time, in the ratio of one unit for each fifteen persons, with a minimum of two units for any shared facility.

  f.  Urinals, constructed of nonabsorbent materials, may be substituted for men’s toilet seats on the basis of one urinal or twenty-four inches of trough-type urinal for one toilet seat up to a maximum of one-third of the required toilet seats.

  g.  Each toilet room or facility shall be lighted naturally, or artificially, by a safe type of lighting at all hours of the day and night.

  h.  An adequate supply of toilet paper shall be provided in each privy, water closet, or chemical toilet compartment.

  i.  Toilet seats, privies, and toilet rooms or facilities shall be kept in a sanitary condition and cleaned daily.

  j.  Each privy shall have a pit initially at least five feet deep.

  k.  Privy pits shall be constructed and maintained so that flies cannot gain access to the human waste.

  l.  A privy pit shall not be filled with human waste to a point nearer than one foot from the surface of the ground; the human waste in the pit shall then be covered with earth, ashes, lime, or other similar material.

  m.  Seat openings in privies shall be covered with tight-fitting, hinged lids.

  5.  Sewage disposal facilities.

  a.  In camps where public sewers are available, all sewer lines and floor drains from buildings and shelters shall be connected to the sewers.

  b.  All human waste, sewage, or liquid waste from camps not discharged into public sewers shall be disposed of in accordance with the provisions of this chapter or the rules of the department.

  6.  Laundry, handwashing, and bathing facilities.

  a.  Laundry, handwashing, and bathing facilities shall be provided as follows:

  (1)  One handwash basin for each immediate family shelter or dwelling for every fifteen individuals or fraction thereof in shared facilities.

  (2)  One shower head for every fifteen or fraction thereof individuals. Separate facilities for men and women shall be provided in shared facilities.

  (3)  One laundry tray or tub for every twenty-five persons or fraction thereof.

  (4)  One slop sink in each building used for laundry, handwashing, or bathing.

  b.  Floors shall be of smooth finish but not of slippery materials and they shall be impervious to moisture. Floor drains shall be provided in all shower baths, shower rooms, or laundry rooms to remove waste water and facilitate cleaning. Junctions of the curbing and the floor shall be covered. Walls and partitions of shower rooms shall be smooth and impervious to moisture to the height of splash.

  c.  A supply of hot and cold running water conforming to the provisions of this chapter or the rules and regulations of the department shall be provided for bathing and laundry purposes.

  d.  Every service building used during periods requiring artificial heating shall be provided with equipment capable of maintaining a room temperature of at least 70 degrees Fahrenheit.

  e.  Facilities for drying clothes shall be provided.

  f.  Service buildings shall be kept clean.

  g.  Waste water shall be disposed of so as not to form pools on the ground nor create a nuisance, nor pollute any drinking water supply. Toilet drainage shall be carried through a covered drain into a covered septic tank that conforms to standards established by the department.

  7.  Lighting.

  a.  All housing sites, quarters, and shelters shall be provided with electric service.

  b.  Each habitable room and common use rooms, and areas including, but not limited to, laundry rooms, toilets, privies, hallways, and stairways shall contain adequate ceiling or wall-type light fixtures. At least one wall-type electrical convenience outlet shall be provided in each individual living room.

  c.  Adequate lighting shall be provided for the yard area and pathways to common use facilities.

  d.  All wiring and lighting fixtures shall be installed and maintained in a safe condition.

  e.  Where electric service is not available, gas lighting will be acceptable. Hallways and stairways to upper floors shall be lighted at night. Electric lighting shall be provided in all camps or additions to camps constructed after May 23, 1969.

  8.  Refuse disposal.

  a.  Durable, fly-tight, clean containers in good condition of a minimum capacity of twenty gallons, shall be provided adjacent to each housing unit or shelter for the storage of garbage and other refuse. Such containers shall be provided in a minimum ratio of one per fifteen persons or fraction thereof.

  b.  Provisions shall be made for collection of refuse at least twice a week, or more often if necessary.

  c.  The disposal of refuse shall be in accordance with state and local laws.

  9.  Construction and operation of kitchens, dining halls, and feeding facilities.

  a.  Every camp shall be provided with adequate gas stoves or electrical stoves for cooking.

  b.  Utensils in which food is prepared or kept, or from which food is to be eaten, and implements used in the preparation and eating of food shall be kept in a clean, unbroken, and sanitary condition.

  c.  Adequate refrigeration for perishable foods, cooked or raw, shall be provided in every kitchen or wherever food is prepared. Tables, benches, or chairs shall be provided.

  d.  Cooking of meals by an immediate family unit within its assigned living quarters may be permitted, provided that safe and adequate areas are available, but a separate kitchen in each shelter is desirable.

  e.  In camps where cooking facilities are used in common, stoves, in ratio of one stove to ten persons or one stove to two immediate families or fraction thereof, shall be provided in a central kitchen room or building separate and distinct from sleeping quarters and toilet facilities. Floors, walls, ceilings, tables and shelves of kitchens, dining rooms, refrigerators and food storage rooms shall be constructed so that they can always be maintained in a clean and sanitary condition. Exterior wall openings of all rooms shall be screened and rendered fly-tight at all times during the period that the camp is in operation. Screen doors shall be self-closing and installed to open outward from the area to be protected.

  f.  In camps where meals are furnished by the operator, manager, or concessionaire, the requirements of the department shall be met.

  g.  No person with any communicable or venereal disease shall be employed or permitted to work at preparation, cooking, serving, or other handling of food, foodstuffs, or other materials, in any kitchen or dining room operated in connection with a camp or regularly used by persons living in a camp.

  10.  Insect and rodent control.

  a.  Effective measures shall be taken to control rats, mice, flies, mosquitoes; bedbugs, and all other insects, rodents, and parasites within the camp premises.

  b.  Pesticides and pest control equipment shall be stored and used in a safe manner.

  11.  Safety and fire prevention.

  a.  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.

  b.  First aid facilities shall be provided and readily accessible for use at all times. Such facilities shall be equivalent to the sixteen unit first aid kit recommended by the American Red Cross, and provided in a ratio of one per fifty persons or fraction thereof.

  c.  Buildings and structures of a camp shall be maintained and used in accordance with state and local law relative to fire prevention.

  d.  Units of approved fire-extinguisher equipment shall be located so that a person will not have to travel more than one hundred feet from any point to reach the nearest unit, and at least one unit shall be provided for each one thousand square feet of floor space or fraction thereof.

  e.  Appliances of the type, number, and size indicated below shall constitute one unit of fire-extinguisher equipment:

  (1)  Soda and acid.  One appliance of two and one-half gallon capacity, or two appliances of one and one-half gallon capacity in each appliance.

  (2)  Foam.  One appliance of two and one-half gallon capacity, or two appliances of one and one-half gallon capacity in each appliance.

  (3)  Water type.  One stored pressure appliance of two and one-half gallon capacity, or two pump-type appliances of five gallon capacity.

  f.  Fire fighting equipment shall be maintained in good operating condition so that it may be used instantly when the need arises.

  g.  Adult occupants shall be properly instructed in fire prevention and in the proper use of equipment.

  h.  Agricultural pesticides and toxic chemicals shall not be stored in the housing area.

[C71, 73, 75, 77, 79, 81, §138.13]

2013 Acts, ch 30, §35, 36