DWD 301.07 NoteNote: Section 103.92 (4), Stats., allows only certified migrant labor camps to operate in this state and requires the department to order the immediate closing of all other migrant labor camps. DWD 301.07(2)(2) Closing order. Within 3 working days from the date of an order closing a migrant labor 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 NoteNote: Section 103.92 (4), Stats., authorizes the attorney general or district attorney to enforce the department’s closing order. DWD 301.07(4)(4) Gates and gateways. Any fence around a migrant labor camp shall have one or more unlocked gates or gateways that have a width that is no less than the aggregate width required for exits under the Wisconsin commercial building code for a building with the same occupant load as the migrant labor camp. DWD 301.07(6)(ag)1.1. “Addition” means construction performed on a building that increases the outside dimensions of the building. DWD 301.07(6)(ag)2.2. “Alteration” means an enhancement, upgrading, or substantial change or modification to a building other than an addition or repair to the building or to electrical, plumbing, heating, ventilating, air conditioning and other systems within the building. DWD 301.07(6)(ag)3.3. “New construction” includes an addition or alteration to an existing building. DWD 301.07(6)(ag)4.4. “Repair” means the act or process of restoring to original soundness, including redecorating, refinishing, nonstructural repairs, or maintenance, or the replacement of existing fixtures, systems, or equipment with the equivalent fixture, system, or equipment. DWD 301.07(6)(ar)(ar) Except as provided under par. (b), plans and specifications for all new construction intended for use as housing or common use facilities shall be approved by the department before letting contracts or commencing work. DWD 301.07(6)(b)(b) If the new construction will result in any of the following buildings, the camp operator is not required to submit plans and specifications under par. (ar) if the camp 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 8 persons who are 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 that have no floor or roof span greater than 30 feet and that are not more than 2 stories high. DWD 301.07 NoteNote: Plans and specifications for all new construction may also require the approval of the Department of Safety and Professional Services, a municipality, or a local governmental unit under the Wisconsin commercial building code. Contact the Department of Safety and Professional Services, Division of Industry Services Plan Review, 4822 Madison Yards Way, Madison, Wisconsin 53705 for further information.
DWD 301.07(6)(c)(c) One copy of plans and specifications are required to obtain the department’s approval under par. (ar). The plans shall include all of the following: DWD 301.07(6)(c)1.1. A plot plan of the migrant labor camp that 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)(c)3.3. The intended use or uses of all rooms and the number of persons to be accommodated therein. DWD 301.07(6)(f)(f) One set of approved plans shall be kept by the owner of the migrant labor camp or camp operator and made available to a migrant labor inspector of the department. DWD 301.07(7)(a)(a) The department may, upon written application by a camp operator and inspection by a migrant labor inspector of the department, grant written permission to individual camp operators to vary temporarily from particular provisions in this section. The department may approve a variance under this paragraph that does not extend beyond March 31 of the year immediately following the year of approval if the camp operator indicates the extent of the variance in the application and demonstrates to the department that the variance is necessary for all of the following purposes: DWD 301.07(7)(b)(b) The department may, upon written application by a camp operator and inspection by a migrant labor inspector of the department, grant written permission to a camp operator to permanently vary from the provisions of this section if all of the following apply: DWD 301.07(7)(b)1.1. The camp operator demonstrates to the department that the variance is necessary for the purposes specified in par. (a) 1. and 2. DWD 301.07(7)(b)2.2. Appropriate alternative measures have been taken that protect the health and safety of the occupants and serve the purpose of the provisions from which variance is sought. DWD 301.07(7)(c)(c) A variance shall not be effective until granted in writing by the department. 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)(bm)(bm) The principal camp area in which food is prepared and served and where sleeping quarters are located shall be at least 500 feet from any area in which livestock is kept. DWD 301.07(8)(c)(c) Grounds within housing sites shall be free from debris, noxious plants, including poison ivy and uncontrolled weeds or brush. DWD 301.07(8)(d)(d) A 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 may be located less than 10 feet from any other building, from the boundary line of the premises on which the mobile home unit is located, or from any street. DWD 301.07(8)(f)1.1. To ensure that a housing site is not subject to a hazardous condition arising from pesticide application, the camp operator shall do all of the following: DWD 301.07(8)(f)1.a.a. Make a written request for advance notice of aerial pesticide applications from persons who own or control immediately adjacent land, pursuant to s. ATCP 29.51 (2). Upon receipt of notice of an aerial pesticide application, the camp operator shall immediately give notice to occupants. DWD 301.07(8)(f)1.b.b. Provide to 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, “land adjacent” means land within 250 feet of the housing site, including land separated from the migrant labor camp by a roadway. DWD 301.07(8)(f)3.3. Notice under subd. 1. shall be given in English and in the language of the occupants, if other than English, by posting a written statement on a camp bulletin board or at the location where the occupants report for work in a place where it can be easily seen by the occupants. The notice shall include all of the following: DWD 301.07(8)(f)3.d.d. A statement from the pesticide label of the practical treatment for potential side effects, including emergency first aid measures and information for physicians on treatment of poisons. DWD 301.07(9)(ag)(ag) Any migrant labor camp regulated as a public water system under ch. NR 809 shall comply with ch. NR 809 in addition to the requirements of this section. DWD 301.07(9)(ar)(ar) An adequate and convenient supply of water safe for human consumption, as defined in s. NR 809.04 (42m), shall be provided for the occupants. Water is considered safe for human consumption for purposes of this paragraph if all of the following apply: DWD 301.07(9)(ar)1.1. A water sample obtained within the 3-month period prior to the date the camp is to be occupied has been found total coliform negative by a laboratory accredited under ch. NR 149 or approved by the U.S. environmental protection agency. DWD 301.07(9)(ar)2.2. The water sample under subd. 1. has been analyzed by the laboratory specified in subd. 1. for nitrate concentration and found to contain a total nitrate nitrite level not exceeding the maximum contaminant level specified in NR 809.11 (2). If the maximum contaminant level is exceeded, the department may issue a certificate to operate the migrant labor camp only if the camp operator demonstrates to the satisfaction of the department that the requirements of s. NR 809.11 (3) (a) to (e) are satisfied. DWD 301.07(9)(d)(d) Drinking fountains shall not be located in rooms containing toilet facilities. DWD 301.07(9)(f)(f) Camp operators shall arrange to have well water tested by a laboratory certified pursuant to s. NR 809.76 within 3 months before camp occupancy. DWD 301.07(10)(a)(a) Facilities shall be provided and maintained for effective disposal of excreta and liquid waste in a manner that 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 a migrant labor 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)(a)(a) Housing shall comply with all federal, state, and local residential and commercial building codes, including the Wisconsin commercial building code, and with all of the following: DWD 301.07(11)(b)(b) Housing shall have flooring that is 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)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)(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 parents. 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 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)(fm)(fm) 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 that satisfies all of the following: DWD 301.07(11)(i)1.1. The minimum total window or skylight areas in each habitable room, including windows in doors, shall equal at least 10 percent of the usable floor area. DWD 301.07(11)(i)2.2. The total window area that opens shall equal at least 45 percent of the minimum total window or skylight area required under subd. 1. DWD 301.07(12)(a)(a) Windows and doors that are used for ventilation shall be protected with screening of not less than 16 mesh. This paragraph does not apply to doors in buildings that are cooled with air conditioning. 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)(a)(a) All living quarters and service buildings shall be provided with permanently installed and operable heating equipment capable of maintaining a temperature of at least 68 degrees Fahrenheit.
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administrativecode
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Department of Workforce Development (DWD)
Ch. DWD 301; Migrant Labor
administrativecode/DWD 301.07(8)
administrativecode/DWD 301.07(8)
section
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