Title: Section 15.2 - Application

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 facility 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.