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.
DWD 301.07(11)(i) (i) Each habitable room shall have at least one window or skylight opening directly to the out-of-doors.
DWD 301.07(11)(i)1. 1. The minimum total window or skylight areas, including windows in doors, shall equal at least 10% of the usable floor area.
DWD 301.07(11)(i)2. 2. The total window area which opens shall equal at least 45% of the minimum window or skylight area required, unless comparable adequate ventilation is supplied by mechanical or some other method.
DWD 301.07(12) (12)Screening.
DWD 301.07(12)(a)(a) All outside openings shall be protected with screening of not less than 16 mesh.
DWD 301.07(12)(b) (b) All screen doors shall be tight fitting, in good repair and equipped with self-closing devices.
DWD 301.07(13) (13)Heating.
DWD 301.07(13)(a)(a) All living quarters and service buildings shall be provided with permanently installed, operable heating equipment capable of maintaining a temperature of at least 68° F.
DWD 301.07(13)(c) (c) A stove or other source of heat utilizing combustible fuel shall be installed and vented in such a manner as to prevent fire hazards and a dangerous concentration of gases and shall be in compliance with chs. SPS 361 to 365, Wisconsin Commercial Building Code.
DWD 301.07(13)(e) (e) If a solid or liquid fuel stove is used in a room with wood or other combustible flooring, the stove shall sit on a concrete slab, insulated metal sheet, or other fireproof material, extending at least 24 inches beyond the perimeter of the base of the stove.
DWD 301.07(13)(f) (f) Any wall or ceiling within 24 inches of a solid or liquid fuel stove or a stovepipe shall be of fireproof material.
DWD 301.07(13)(g) (g) An approved vented metal collar shall be installed around a stovepipe, or vent passing through a wall, ceiling, floor or roof.
DWD 301.07(13)(h) (h) If a heating system has automatic controls, the control shall be of the approved type which cuts off the fuel supply upon failure or interruption of the flame or ignition, or whenever a predetermined safe temperature or pressure is exceeded.
DWD 301.07(14) (14)Electricity and lighting.
DWD 301.07(14)(a)(a) All housing sites shall be provided with electric service.
DWD 301.07(14)(b) (b) Each habitable room and all common use rooms, and areas including, without limitation due to enumeration: laundry rooms, toilets, hallways, stairways, shall contain adequate ceiling or wall type light fixtures.
DWD 301.07(14)(d) (d) Adequate lighting shall be provided for the yard area, and pathways to common use facilities.
DWD 301.07(14)(e) (e) All electrical wiring and lighting fixtures shall be installed and maintained in a safe condition and shall comply with the provisions of ch. SPS 316.
DWD 301.07(14)(f) (f) Common use facilities shall be provided with a light switch at the entrance door.
DWD 301.07(14)(g) (g) Illumination of common use facilities shall be not less than 10 foot candles 30 inches above the floor.
DWD 301.07(14)(h) (h) Public passageways, stairway and exit doors shall be illuminated in accordance with chs. SPS 361 to 365, Wisconsin Commercial Building Code.
DWD 301.07(15) (15)Toilets.
DWD 301.07(15)(a)(a) All toilet rooms shall comply with the applicable provisions of chs. SPS 361 to 365, except that privies are not permitted.
DWD 301.07(15)(c) (c) Urinals of the approved type shall be provided in toilets to be used by 10 or more males in the ratio of one per 40 males or fraction thereof.
DWD 301.07(15)(d) (d) Except in individual family units, separate toilet accommodations for men and women shall be provided.
DWD 301.07(15)(d)1. 1. If toilet facilities for men and women are in the same building they shall be separated by a solid wall from floor to roof or ceiling.
DWD 301.07(15)(d)2. 2. Toilets shall be distinctly marked “men" and “women" in English and in the language of the persons expected to occupy the housing.
DWD 301.07(15)(e) (e) Where common use toilet facilities are provided, an adequate and accessible supply of toilet tissue, with holders shall be furnished.
DWD 301.07(15)(f) (f) All common use toilets shall be well lighted and ventilated and shall be clean and sanitary.
DWD 301.07(15)(g) (g) Toilet seats shall be of impervious material or shall be well painted or varnished.
DWD 301.07(15)(h) (h) Toilet facilities shall be located within 200 feet of each living unit.
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.