A variance is necessary to obtain a beneficial use of an existing facility;
A variance is necessary to prevent a practical difficulty or unnecessary hardship; and
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:
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.
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.
Housing sites shall be well drained and free from depressions in which water may stagnate.
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.
Grounds within the housing site shall be free from debris, noxious plants (poison ivy, etc.) and uncontrolled weeds or brush.
The housing site shall provide a space for recreation reasonably related to the size of the facility and type of occupancy.
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.
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.
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.
As used in subds. 1.
, 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.
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:
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
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:
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
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.
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.
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.
Raw or treated liquid waste shall not be discharged or allowed to accumulate on the ground surface of the camp.
If public sewer systems are available, all facilities for disposal of excreta and liquid wastes shall be connected thereto.
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.
Housing shall comply with the following codes or sections of this code.
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.
Each room used for sleeping purposes shall contain at least 50 square feet of floor space for each occupant.
In a room where workers cook, live, and sleep a minimum of 100 square feet per person shall be provided.
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:
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.
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.
Separate sleeping accommodations shall be provided for all the members of each sex or for each family.
Partitions between living units in a multifamily shelter shall extend from the floor to the ceiling of the shelter.
There shall be adequate and separate arrangements for hanging clothing and storing personal effects for each person or family.
The floor area in each living unit shall have a minimum ceiling height of 7 feet.
Each habitable room shall have at least one window or skylight opening directly to the out-of-doors.
The minimum total window or skylight areas, including windows in doors, shall equal at least 10% of the usable floor area.
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.
All outside openings shall be protected with screening of not less than 16 mesh.
All screen doors shall be tight fitting, in good repair and equipped with self-closing devices.
All living quarters and service buildings shall be provided with permanently installed, operable heating equipment capable of maintaining a temperature of at least 68°
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
, Wisconsin Commercial Building Code.
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.
Any wall or ceiling within 24 inches of a solid or liquid fuel stove or a stovepipe shall be of fireproof material.
An approved vented metal collar shall be installed around a stovepipe, or vent passing through a wall, ceiling, floor or roof.
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.
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.
Adequate lighting shall be provided for the yard area, and pathways to common use facilities.
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
Common use facilities shall be provided with a light switch at the entrance door.
Illumination of common use facilities shall be not less than 10 foot candles 30 inches above the floor.
Public passageways, stairway and exit doors shall be illuminated in accordance with chs. SPS 361
, Wisconsin Commercial Building Code.
All toilet rooms shall comply with the applicable provisions of chs. SPS 361
, except that privies are not permitted.
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.
Except in individual family units, separate toilet accommodations for men and women shall be provided.
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.
Toilets shall be distinctly marked “men" and “women" in English and in the language of the persons expected to occupy the housing.
Where common use toilet facilities are provided, an adequate and accessible supply of toilet tissue, with holders shall be furnished.
All common use toilets shall be well lighted and ventilated and shall be clean and sanitary.
Toilet seats shall be of impervious material or shall be well painted or varnished.
Toilet facilities shall be located within 200 feet of each living unit.
Service facilities and existing facilities constructed and existing facilities converted to housing for migrants shall have water closets.