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) (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 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)(a)1. 1. Obtaining a beneficial use of an existing facility.
DWD 301.07(7)(a)2. 2. Preventing a practical difficulty or unnecessary hardship.
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) (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)(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.a. a. The intended date and time of application.
DWD 301.07(8)(f)3.b. b. The location of the land on which the pesticide is expected to be applied.
DWD 301.07(8)(f)3.c. c. The trade or common name of the pesticide.
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) (9) Water supply.
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(9)(g) (g) Camp operators shall provide to the department the well construction reports for wells that are required under s. NR 812.10 (11).
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 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) (11) Housing.
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)(a)2. 2. Exits and means of escape are subject to sub. (21) (b) to (e) and (f).
DWD 301.07(11)(a)3. 3. Maintenance of facilities is subject to sub. (22).
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) (c) All of 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 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) (12) Screening.
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) (13) Heating.
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.
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 comply with the 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) A vented metal collar shall be installed in accordance with the manufacturer's specifications around a stovepipe, or vent passing through a wall, ceiling, floor, or roof.
DWD 301.07(13)(h) (h) A heating system may have automatic controls only if the controls are installed in accordance with the manufacturer's specifications and the controls cut 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) All habitable rooms, common use rooms, rooms containing toilet facilities, and other areas, including laundry rooms, hallways, and stairways, shall contain adequate ceiling or wall type light fixtures.
DWD 301.07(14)(d) (d) Adequate lighting shall be provided for yard areas, 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, stairways, and exit doors shall be illuminated in accordance with the Wisconsin commercial building code.
DWD 301.07(15) (15) Toilets.
DWD 301.07(15)(a)(a) All rooms containing toilet facilities shall comply with the Wisconsin commercial building code, 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 Note Note: Par. (c) is amended eff. 1-1-2028 by CR 23-030 to read:
DWD 301.07 Note (c) Urinals installed in accordance with the manufacturer's specifications shall be provided in toilet facilities to be used by 10 or more males in the ratio of one per 25 males or fraction thereof.
DWD 301.07(15)(d) (d) Except in individual family units, separate toilet facilities for men and women shall be provided and all of the following apply:
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.