DWD 301.07(1)(a)(a)
The application fee for an annual certificate to operate a migrant labor camp shall be $100. Issuance of a certificate to operate a migrant labor camp is contingent on the migrant labor camp satisfying the minimum standards of this chapter.
DWD 301.07 Note
Note: Section
103.92 (1) (a), Stats., requires every person maintaining a migrant labor camp in this state to apply for a certificate to operate the migrant labor camp and requires the application to be made annually by April 30 or 30 days prior to opening a new migrant labor camp. With certain exceptions, s.
103.92 (3), Stats., requires the department to issue a certificate if the migrant labor camp is in compliance with the department's rules establishing minimum standards for migrant labor camps. Section
103.92 (3), Stats., also provides that a certificate issued by the department authorizes a migrant labor camp to operate until March 31 of the next year.
DWD 301.07(1)(ag)
(ag)
A camp operator shall include with an application for a certificate to operate a migrant labor camp all of the following:
DWD 301.07(1)(ag)1.
1. Documentation from the fire department providing fire protection for the migrant labor camp that the structures used for the migrant labor camp meet all local and state fire codes for the number of expected occupants identified on the application. The documentation shall be based on a fire inspection conducted no more than 6 months before submittal of an application for a certificate to operate a migrant labor camp.
DWD 301.07(1)(ar)
(ar) The department shall review and make a determination on an application for a certificate to operate a migrant labor camp within 140 working days after the application is received or within 20 working days after the last inspection of the migrant labor camp that is needed for issuance of the certificate, whichever is sooner. The department shall schedule each inspection promptly, taking into consideration seasonal conditions and the employer's schedule for the use of the migrant labor camp. If 3 or more inspection visits are needed for issuance of the certificate, the department shall charge an additional fee of $300 for the third inspection and $500 for the fourth inspection and each subsequent inspection.
DWD 301.07 Note
Note: Section
103.92 (3), Stats., requires the department to inspect each migrant labor camp for which an application for a certificate to operate a migrant labor camp is made.
DWD 301.07(1)(aw)
(aw) Except for the denial of a certificate to operate a migrant labor camp that is required under s.
103.92 (6),
(7), or
(8), Stats., an applicant who wishes to contest the department's denial of a certificate may, within 30 days after the date of the denial, file a written request for hearing under s.
DWD 301.135.
DWD 301.07 Note
Note: Sections
103.92 (6),
(7), and
(8), Stats., specify requirements for the department to deny a certificate based on delinquencies in child or family support, taxes, or unemployment insurance contributions and such denials are subject to review as specified in those statutes.
DWD 301.07(1)(b)
(b) A camp operator shall file a separate application for a certificate to operate a migrant labor camp for each separate migrant labor camp that the camp operator maintains. In determining whether certain facilities constitute 2 or more separate migrant labor camps, the department shall consider the distance separating the housing units and whether or not there are shared facilities for the use of the people residing in the housing units.
DWD 301.07(1)(c)
(c) The department may not conduct any inspection for an applicant under this subsection until the application fee has been paid and the department has received the completed application.
DWD 301.07(1)(d)
(d) The department shall charge a fee of $100 for each partial inspection that is requested. A partial inspection is not an additional inspection visit under par.
(ar).
DWD 301.07(1)(e)
(e) A visit to a migrant labor camp that is solely for the purpose of obtaining a water sample for testing is not an additional inspection visit under par.
(ar).
DWD 301.07(1)(f)
(f) If the only purpose for an additional inspection visit is to verify that specified corrections have been made, the department may instead accept letters, emails, photos, receipts, or other documents from the camp operator that verify that the corrections have been made.
DWD 301.07(1)(g)
(g) A copy of the camp operator's certificate to operate a migrant labor camp shall be posted in a conspicuous place in the migrant labor camp. The posting shall be on a form prescribed by the department and shall be in English and in the language of the occupants if other than English.
DWD 301.07(1m)
(1m)
Notice of revocation. If the department determines that a migrant labor camp is operating without a certificate to operate a migrant labor camp or identifies any other violation of this section or s.
103.92, Stats., that would warrant revocation of a certificate, the department shall provide a notice of violation pursuant to s.
103.965 (1), Stats., and allow up to 15 days to correct the violation. If the violation is not corrected, the department shall issue a notice of revocation of the certificate to operate a migrant labor camp. The notice of revocation shall be accompanied by a closing order.
DWD 301.07 Note
Note: 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 Note
Note: 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 Note
Note: 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(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)(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:
