Section 15.5 - Location, grounds

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.

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

Section 15.6 - Housing, fire hazards; maintenance

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 use 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 30 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, or bunks, complete with required springs and mattresses. Every bed, bunk, 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 quarter shall contain adequate space for the storage of clothes and 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 or bunk.

(7) When a separate partitioned sleeping area is provided for parents having one or more children two years 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 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 instaled in accordance with the Uniform Code and be maintained in good repair and safe condition.

(f) Stoves. All stoves, heating units or other sources 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 stov 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, 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 hour 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.

(1) 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.

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

Section 15.7 - Water

Section 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 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 or 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.

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

Section 15.8 - Toilets, privies

Section 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 and maintained; adequate lighting is 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 within 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 shll be provided.

(1) 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.

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

Section 15.9 - Sewerage

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.

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