Wisconsin Legislature: DWD 301.07(11)(a)2.

Alert! This chapter may be affected by an emergency rule:

EmR2505

(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.

(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.

(c) Grounds within housing sites shall be free from debris, noxious plants, including poison ivy and uncontrolled weeds or brush.

(d) A housing site shall provide a space for recreation reasonably related to the size of the facility and type of occupancy.

(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.

(f)

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:

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.

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.

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:

a. The intended date and time of application.

b. The location of the land on which the pesticide is expected to be applied.

c. The trade or common name of the pesticide.

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.

(9) Water supply.

(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.

(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:

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.

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.

(d) Drinking fountains shall not be located in rooms containing toilet facilities.

(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.

(g) Camp operators shall provide to the department the well construction reports for wells that are required under s. NR 812.10 (11).

(10) Excreta and liquid waste disposal.

(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.

(b) Raw or treated liquid waste shall not be discharged or allowed to accumulate on the ground surface of a migrant labor camp.

(c) If public sewer systems are available, all facilities for disposal of excreta and liquid wastes shall be connected thereto.

(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.

(11) Housing.

(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:

2. Exits and means of escape are subject to sub. (21) (b) to (e) and (f).

3. Maintenance of facilities is subject to sub. (22).

(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.

1. Each room used for sleeping purposes shall contain at least 50 square feet of floor space for each occupant.

2. In a room where workers cook, live, and sleep a minimum of 100 square feet per person shall be provided.

(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:

1. Respect for the integrity of the migrant family.

2. Privacy of the occupants.

3. Preference of family members.

4. Relationship of the occupants.

5. Size of the unit.

6. Health and safety concerns.

7. The employer’s justification.

8. Compliance with this chapter, s. 106.50, Stats., and other applicable law.

(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.

(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.

(f) Separate sleeping accommodations shall be provided for all the members of each sex or for each family.

(fm) Partitions between living units in a multifamily shelter shall extend from the floor to the ceiling of the shelter.

(g) There shall be adequate and separate arrangements for hanging clothing and storing personal effects for each person or family.

(h) The floor area in each living unit shall have a minimum ceiling height of 7 feet.

(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:

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.

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.

(12) Screening.

(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.

(b) All screen doors shall be tight fitting, in good repair, and equipped with self-closing devices.

(13) Heating.

(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.

(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.

(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.

(f) Any wall or ceiling within 24 inches of a solid or liquid fuel stove or a stovepipe shall be of fireproof material.

(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.

(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.

(14) Electricity and lighting.

(a) All housing sites shall be provided with electric service.

(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.

(d) Adequate lighting shall be provided for yard areas, and pathways to common use facilities.

(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.

(f) Common use facilities shall be provided with a light switch at the entrance door.

(g) Illumination of common use facilities shall be not less than 10 foot candles 30 inches above the floor.

(h) Public passageways, stairways, and exit doors shall be illuminated in accordance with the Wisconsin commercial building code.

(15) Toilets.

(a) All rooms containing toilet facilities shall comply with the Wisconsin commercial building code, except that privies are not permitted.

(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.

Note: Par. (c) is amended eff. 1-1-2028 by CR 23-030 to read:

(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.

(d) Except in individual family units, separate toilet facilities for men and women shall be provided and all of the following apply:

1. Toilet facilities for men and women that are in the same building shall be separated by a solid wall from floor to roof or ceiling.

2. Toilet facilities shall be distinctly marked “men” and “women” in English and in the language of the persons expected to occupy the housing or marked with easily understood pictures or symbols.

(e) Where common use toilet facilities are provided, an adequate and accessible supply of toilet tissue with holders shall be furnished.

(f) All common use toilet facilities shall be well lighted and ventilated and shall be clean and sanitary.

(g) Toilet seats shall be of impervious material or shall be well painted or varnished.

(h) All living quarters and service buildings shall be provided with toilet facilities that are located within 200 feet of each living unit.

(16) Bathing, laundry and handwashing.

(a) Bathing and handwashing facilities shall be supplied with adequate hot and cold water under pressure and shall be provided for the use of all occupants.

(b) Bathing and handwashing facilities shall be clean and sanitary and located within 200 feet of each living unit.

Note: Par. (c) is amended eff. 1-1-2028 by CR 23-030 to read: