GENERAL PROVISIONS

Section 15.1 - Definitions

Section 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, 9 NYCRR, Subtitle S, Chapter 1.
 

Effective Date: 
Wednesday, November 20, 1996
Doc Status: 
Complete

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.
 

Effective Date: 
Wednesday, November 20, 1996
Doc Status: 
Complete

Section 15.3 - Enforcement

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 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 occupant.

(x) other conditions which constitute a public health hazard.
 

Effective Date: 
Wednesday, November 20, 1996
Doc Status: 
Complete

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

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 representatives shall be allowed entry for the purpose of inspection to any property operated or suspected of being operated as a migrant farmworker housing facility as defined by this Part.
 

Effective Date: 
Wednesday, November 20, 1996
Doc Status: 
Complete