DWD 301.06 History History: Emerg. cr. (13), eff. 3-30-78; Register, April, 1978, No. 268, eff. 5-1-78; emerg. cr. (12) and (13), eff. 2-21-79; cr. (12) and (13), Register, May, 1979, No. 281, eff. 6-1-79; cr. (14) to (16), Register, March, 1986, No. 363, eff. 4-1-86; renum. from Ind 201.06, Register, February, 1993, No. 446, eff. 3-1-93; am. (5) and (12) (b), Register, December, 1997, No. 504, eff. 1-1-98; CR 07-018: am. (2), (3) and (13), cr. (2m) Register December 2007 No. 624, eff. 1-1-08.
DWD 301.07 DWD 301.07Migrant labor camps.
DWD 301.07(1) (1)Application.
DWD 301.07(1)(a)(a) The application fee for operating a migrant labor camp shall be $50, plus the cost of water sampling and testing under sub. (9) (e). Issuance of a certificate to operate will be contingent on the camp satisfying the minimum standards of this chapter. The application fee for a registration after March 31 shall be $100, plus the cost of water sampling and testing under sub. (9) (e). The department shall review and make a determination on an application under this subsection within 130 working days after the application is received and within 20 working days after the camp has been inspected. The department shall schedule each inspection promptly, taking into consideration seasonal conditions and the employer's schedule for the use of the camp. If 3 or more inspection visits are needed to certify, the department shall charge an additional fee of $300 for the third inspection and $500 for the fourth inspection and each subsequent inspection.
DWD 301.07(1)(b) (b) A camp operator shall file a separate application for a certificate to operate a migrant labor camp for each separate migrant labor camp that the camp operator maintains. In determining whether certain facilities constitute 2 or more separate migrant labor camps, the department shall consider the distance separating the housing units and whether or not there are shared facilities for the use of the people residing in the housing units.
DWD 301.07(1)(c) (c) The department shall not conduct any inspection for an applicant under this subsection until the application fee has been paid and the application has been filed.
DWD 301.07(1)(d) (d) The department shall charge a fee of $100 for each partial inspection that is requested. A partial inspection is not an additional inspection visit under par. (a).
DWD 301.07(1)(e) (e) A visit to a migrant labor camp that is solely for the purpose of obtaining a water sample for testing is not an additional inspection visit under par. (a).
DWD 301.07(1)(f) (f) If the only purpose for an additional inspection visit is to verify that specified corrections have been made, the department may instead accept a letter from the camp operator which verifies that the corrections have been made.
DWD 301.07(2) (2)Closing order. Within 3 working days from the date of an order closing a camp, the department shall transmit the file and a copy of the order to the attorney general or the district attorney for the county in which the violation occurred for prosecution.
DWD 301.07(3) (3)Notice of revocation. Every notice of revocation of a certificate to operate a camp shall be accompanied by a closing order.
DWD 301.07(4) (4)Gates and gateways. “Gates and gateways" means a gate or gateway width of which is no less than the aggregate width required for exits under chs. SPS 361 to 365 on May 1, 1978 for a building the occupant load of which is the same as the occupant load of the migrant labor camp.
DWD 301.07(5) (5)Definitions.
DWD 301.07(5)(a)(a) “Camp operator" means a person who maintains a migrant labor camp.
DWD 301.07(5)(b) (b) “Common use facilities" means structures or areas other than sleeping or living quarters designed to be used by camp occupants not members of the same family.
DWD 301.07(5)(c) (c) “Occupant" means any person who lives in a migrant labor camp.
DWD 301.07(5)(d) (d) “Service buildings" means common use facilities for toilets, lavatories, showers and laundry facilities.
DWD 301.07(6) (6)Plans and specifications.
DWD 301.07(6)(a)(a) Except as provided under par. (b), plans and specifications for all new construction including additions to existing buildings intended for use as housing or common use facilities shall be approved by the department before letting contracts or commencing work.
DWD 301.07 Note Note: Plans and specifications for all new construction, including additions to existing buildings, may also require the approval of the Department of Safety and Professional Services under the Wisconsin Commercial Building Code. Contact the Department of Safety and Professional Services, Division of Safety and Buildings, 201 W. Washington Avenue, Madison, WI 53703 for further information.
DWD 301.07(6)(b) (b) An operator constructing any of the following buildings shall not be required to submit plans and specifications under par. (a) if the operator submits notice of intent to construct such a building to the department prior to constructing such a building:
DWD 301.07(6)(b)1. 1. Single story buildings for use as housing for not more than 2 families.
DWD 301.07(6)(b)2. 2. Buildings for use by not more than 10 persons not members of the same family.
DWD 301.07(6)(b)3. 3. Common use facilities containing less than 25,000 cubic feet total volume providing they have no floor or roof span greater than 30 feet and are not more than 2 stories high.
DWD 301.07(6)(c) (c) Three copies of plans and one copy of specifications are required for approval.
DWD 301.07(6)(d) (d) Plans shall include:
DWD 301.07(6)(d)1. 1. A plot plan of the migrant camp which includes the location and grades of adjoining streets, alleys, lot lines and any other buildings on the same lot or property.
DWD 301.07(6)(d)2. 2. Name of owner.
DWD 301.07(6)(d)3. 3. Intended use or uses of all rooms, and the number of persons to be accommodated therein.
DWD 301.07(6)(e) (e) All requirements of chs. SPS 361 to 365, Wisconsin Commercial Building Code applicable to approval of plans shall apply unless specifically exempted from this code.
DWD 301.07(6)(f) (f) One set of approved plans shall be kept by the owner or camp operator and made available to the inspector.
DWD 301.07(7) (7)Variances.
DWD 301.07(7)(a)(a) The department may, upon written application by a camp operator and inspection by a migrant labor inspector, grant written permission to individual camp operators to vary temporarily from particular provisions set forth in this section, which variance may not extend beyond March 31 of the year immediately following the year of approval, if the extent of the variance is clearly specified and if the camp operator demonstrates to the department that:
DWD 301.07(7)(a)1. 1. A variance is necessary to obtain a beneficial use of an existing facility;
DWD 301.07(7)(a)2. 2. A variance is necessary to prevent a practical difficulty or unnecessary hardship; and
DWD 301.07(7)(b) (b) The department may, upon written application by a camp operator and inspection by a migrant labor inspector, grant written permission to a camp operator to permanently vary from the provisions of this section if:
DWD 301.07(7)(b)1. 1. The camp operator satisfies the requirements of par. (a) 1. and 2.
DWD 301.07(7)(b)2. 2. Appropriate alternative measures have been taken to protect the health and safety of the occupants and to assure that the purpose of the provisions from which variance is sought will be observed.
DWD 301.07(7)(c) (c) Written application for a variance under this subsection shall be filed with the department. A variance shall not be effective until granted in writing by the department.
DWD 301.07 Note Note: The application form for a variance may be obtained by request from the Bureau of Migrant, Refugee, and Labor Services, P.O. Box 7972, Madison WI 53707-7972.
DWD 301.07(8) (8)Housing site.
DWD 301.07(8)(a)(a) Housing sites shall be well drained and free from depressions in which water may stagnate.
DWD 301.07(8)(b) (b) Housing shall not be subject to, or in proximity to conditions which create or are likely to create or attract insects or be subject to noise, traffic, or any similar hazardous condition.
DWD 301.07(8)(c) (c) Grounds within the housing site shall be free from debris, noxious plants (poison ivy, etc.) and uncontrolled weeds or brush.
DWD 301.07(8)(d) (d) The housing site shall provide a space for recreation reasonably related to the size of the facility and type of occupancy.
DWD 301.07(8)(e) (e) No mobile home unit shall be located less than 10 feet from any other building or from the boundary line of the premises on which it is located.
DWD 301.07(8)(f)1.1. To insure that the housing site is not subject to a hazardous condition arising from pesticide application, the camp operator shall give notice to camp occupants immediately or as soon as reasonably possible, of the aerial application of pesticides on immediately adjacent land, as defined in ch. ATCP 29, which is owned or controlled by another party, such notice having been received by the camp operator. Camp operators shall request this notice from persons who own or control adjacent land.
DWD 301.07(8)(f)2. 2. To insure that the housing site is not subject to a hazardous condition arising from pesticide application, the camp operator shall provide to camp occupants advance notice of at least 24 hours of any pesticide application on any land adjacent to the camp which is owned or controlled by the camp operator. If the application date or time is changed so that the application will occur before or after the intended date or time specified in the original notice of application, a new notice shall be given as soon as possible prior to the application. In this subdivision, “adjacent land"means land within 250 feet of the housing site, including land separated from the camp by a roadway.
DWD 301.07(8)(f)3. 3. As used in subds. 1. and 2., notice shall be given in English and in the language of the camp occupants, if other than English, by posting a written statement on a camp bulletin board or at the location where the camp occupants report for work in a place where it can be easily seen by the camp occupants. The notice shall include, but not be limited to: the intended date and time of application, the location of the land on which the pesticide is expected to be applied, the trade or common name of the pesticide and a statement from the pesticide label of the practical treatment for potential side effects, including but not limited to emergency first aid measures and information for physicians on treatment of poisons.
DWD 301.07(9) (9)Water supply.
DWD 301.07(9)(a)(a) An adequate and convenient supply of water safe for human consumption shall be provided for the camp occupants. As used in this subsection, “safe for human consumption" means:
DWD 301.07(9)(a)1. 1. That a water sample obtained within the 6 month period prior to the date the camp is to be occupied has been found bacteriologically safe by a state approved laboratory; and
DWD 301.07(9)(a)2. 2. That the water sample has been analyzed by the approved laboratory for nitrate concentration and found to contain a nitrate-nitrogen level not exceeding 10 milligrams per litre. If the nitrate-nitrogen level exceeds 10 milligrams per litre, a camp may be certified provided that:
DWD 301.07(9)(a)2.a. a. A notice is posted at each water outlet, and actual notice is provided, in language understandable by the camp occupants, stating that the water may be hazardous to the health of infants under 6 months of age and to pregnant women; and
DWD 301.07(9)(a)2.b. b. A supply of water containing a nitrate-nitrogen level not exceeding 10 milligrams per litre is provided for consumption by infants and pregnant women and the notice informs the camp occupants that this supply of water for infants and pregnant women is available.
DWD 301.07(9)(c) (c) Common drinking cups shall not be permitted.
DWD 301.07(9)(d) (d) Drinking fountains shall not be located in toilet rooms.
DWD 301.07(9)(e) (e) The department shall conduct the water sampling and testing for each camp. The cost of the testing and sampling shall be included in the application fee under s. DWD 301.07 (1) (a).
DWD 301.07 Note Note: The requirement for water testing applies only to well water. In addition, the camp operator has the option of doing sampling and testing in the 6 month period before occupancy and submitting the results to the department.
DWD 301.07(10) (10)Excreta and liquid waste disposal.
DWD 301.07(10)(a)(a) Facilities shall be provided and maintained for effective disposal of excreta and liquid waste in a manner which neither creates nor is likely to create a nuisance, or a hazard to health.
DWD 301.07(10)(b) (b) Raw or treated liquid waste shall not be discharged or allowed to accumulate on the ground surface of the camp.
DWD 301.07(10)(c) (c) If public sewer systems are available, all facilities for disposal of excreta and liquid wastes shall be connected thereto.
DWD 301.07(10)(d) (d) If public sewers are not available, a subsurface septic tank, seepage system or other type of liquid waste treatment and disposal system shall be provided.
DWD 301.07(11) (11)Housing.
DWD 301.07(11)(a)(a) Housing shall comply with the following codes or sections of this code.
DWD 301.07(11)(a)1. 1. Structural design and construction shall meet requirements of chs. SPS 361 to 365, Wisconsin Commercial Building Code.
DWD 301.07(11)(a)2. 2. Exit requirements shall be as specified under sub. (21).
DWD 301.07(11)(a)3. 3. Maintenance of facilities shall be as specified under sub. (22).
DWD 301.07(11)(b) (b) Housing shall have flooring constructed of rigid materials, smooth finished, readily cleanable, and so located as to prevent the entrance of ground and surface water.
DWD 301.07(11)(c) (c) The following space requirements shall be met:
DWD 301.07(11)(c)1. 1. Each room used for sleeping purposes shall contain at least 50 square feet of floor space for each occupant.
DWD 301.07(11)(c)2. 2. In a room where workers cook, live, and sleep a minimum of 100 square feet per person shall be provided.
DWD 301.07(11)(cm) (cm) Only a single family may live in a one-family housing unit, except as approved by the department. A single family may include parents and their unmarried children, grandparents, unaccompanied married children, and dependent minor relatives. The department may allow other individuals to share a one-family housing unit with a family, taking into consideration the following factors:
DWD 301.07(11)(cm)1. 1. Respect for the integrity of the migrant family.
DWD 301.07(11)(cm)2. 2. Privacy of the occupants.
DWD 301.07(11)(cm)3. 3. Preference of family members.
DWD 301.07(11)(cm)4. 4. Relationship of the occupants.
DWD 301.07(11)(cm)5. 5. Size of the unit.
DWD 301.07(11)(cm)6. 6. Health and safety concerns.
DWD 301.07(11)(cm)7. 7. The employer's justification.
DWD 301.07(11)(cm)8. 8. Compliance with this chapter, s. 106.50, Stats., and other applicable law.
DWD 301.07(11)(d) (d) Housing used for a family with one or more children over 6 years of age shall have a room or partitioned sleeping area for the spouses. The partition shall be of rigid materials and installed so as to provide reasonable privacy.
DWD 301.07(11)(e) (e) In dormitory accommodations a camp operator shall make available upon request curtains, or partitions to permit reasonable privacy between individual sleeping units. A double bunk bed shall be considered an individual sleeping unit.
DWD 301.07(11)(f) (f) Separate sleeping accommodations shall be provided for all the members of each sex or for each family.
DWD 301.07(11)(f)1. 1. Partitions between living units in a multifamily shelter shall extend from the floor to the ceiling of the shelter.
DWD 301.07(11)(g) (g) There shall be adequate and separate arrangements for hanging clothing and storing personal effects for each person or family.
DWD 301.07(11)(h) (h) The floor area in each living unit shall have a minimum ceiling height of 7 feet.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.