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10.16.01.00.htm 10.16.01.00. Title 10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE Subtitle 16 HOUSING Chapter 01 Migratory Labor Camps Authority: Health-General Article, §2-104, 18-102, and 20-303, Annotated Code of Maryland
10.16.01.01.htm 10.16.01.01. 01 Purpose and Scope.. A. The purpose of this chapter is to protect and promote the public health and safety of the occupants of migratory labor camps in Maryland and the general public.B. Except for the addition of the Maryland Occupational Safety and Health Administration (MOSH) standards, these regulations have no substantial changes from the requirements of COMAR 10.16.01 which were effective April 15, 1970, and amended December 1, 1970, December 14, 1979, and July 5, 1982.
10.16.01.02.htm 10.16.01.02. 02 Exclusions.. This chapter does not apply to a person who, in the ordinary course of that person's business, regularly provides housing on a commercial basis to the general public and who provides to a migrant agricultural worker housing of the same character and on the same or comparable terms and conditions as provided to the general public. A person may not bring migrant labor housing within this exclusion simply by offering lodging to the general public.
10.16.01.03.htm 10.16.01.03. 03 Definitions.. A. The following terms have the meanings indicated.. B. Terms Defined.. 1) "Agricultural association" means a nonprofit or cooperative association of farmers, growers, or ranchers, incorporated or qualified under applicable State law, which recruits, solicits, hires, employs, furnishes, or transports a migrant.2) "Agricultural employer" means a person who owns or operates a farm, ranch, processing establishment, cannery, gin, packing shed, or nursery, or who
10.16.01.04.htm 10.16.01.04. 04 Documents Incorporated by Reference.. For this chapter, the following documents are incorporated by reference:. A. The National Fire Protection Association (NFPA) 101 Life Safety Code 1988 is incorporated by reference under COMAR 12.03.01.06;B. ANSI USA Standard Z4.2-1942, Specifications for Drinking Fountains;. C. The U.S. Public Health Service Publication 934 (1962) Food Service Sanitation Manual, Food Service Sanitation Ordinance and Code Part V.
10.16.01.05.htm 10.16.01.05. 05 Camp Construction, Remodeling, Enlarging, or Conversion.. A. A person may not construct, remodel, or enlarge a camp, or convert a property for use as a camp, unless the construction or alterations comply with these regulations.B. A person shall notify the Department before constructing, remodeling, or enlarging a camp or converting a property for use as a camp.C. The Secretary shall inspect each camp upon completion of the work..
10.16.01.06.htm 10.16.01.06. 06 Permit Required.. A. A person may not operate a camp without a permit issued by the Secretary.. B. After a preseasonal inspection of the camp premises, the Secretary shall issue a nontransferable permit to each camp operator who:1) Applies for a permit on a form issued by the Secretary; and. 2) Is found by the Secretary to operate the camp in compliance with the provisions of these regulations.C. The Secretary shall deny a permit in writing, setting forth the reason o
10.16.01.07.htm 10.16.01.07. 07 Compliance Required.. A. A camp operator may not operate a camp that is not in full compliance with the provisions of these regulations.B. If a camp operates out of compliance with these regulations, the Secretary, after giving written notice to the camp operator, may:1) Suspend a permit;. 2) Revoke a permit upon repeated violations of this chapter; or. 3) Require closure of a camp and removal of all occupants.. C. If a camp operates out of compliance with these
10.16.01.08.htm 10.16.01.08. 08 Right of Entry.. A. The Secretary has the authority to enter a migrant labor camp at a reasonable time upon private or public property for the purpose of inspecting and investigating conditions relative to the enforcement of these regulations.B. A person may not deny or interfere with an inspection or investigation of a migrant labor camp under this regulation.
10.16.01.09.htm 10.16.01.09. 09 General Responsibilities of Camp Operator.. A camp operator shall ensure that:. A. At least once a week the camp grounds, structures, toilets, showers, laundry, mess hall, kitchen, and other facilities of a camp are inspected for the purpose of correcting violations of this chapter;B. A camp is maintained in a clean and orderly condition and in accordance with all local building codes;C. A broken, damaged, or malfunctioning fixture is promptly repaired;.
10.16.01.10.htm 10.16.01.10. 10 Campsite Requirements.. A camp operator shall ensure that:. A. A campsite is well drained and free from depressions in which water may stagnate;. B. Grounds within a campsite are free from litter, debris, noxious plants, poison ivy, and uncontrolled weeds or brush;C. A campsite is not subject to a condition which produces or is likely to produce an offensive odor, flies, vermin, noise, excessive traffic, or similar hazards;
10.16.01.11.htm 10.16.01.11. 11 General Construction and Maintenance.. A. A camp operator shall ensure that a camp is in compliance with all applicable local building codes.B. In the absence of applicable building codes, a camp operator shall ensure that the following minimum criteria are met:1) Foundations:. a) A structure shall be based on a level foundation or pilings which support the structure and prevent the entrance of ground or surface water;
10.16.01.12.htm 10.16.01.12. 12 Water Supply.. A. Design and Operation. A camp operator shall:. 1) Ensure that a water supply is adequate, of a safe, sanitary quality, and from an approved community or individual water supply system which is constructed, protected, operated, and maintained in conformance with:a) COMAR 26.04.01 and 26.04.04,. b) COMAR 09.20.01―09.20.05, 09.20.08, 09.20.09, 09.20.11, 09.20.16, 09.20.18, and 09.20.19, and. c) Local plumbing code requirements;. 2) Ensure that an individ
10.16.01.13.htm 10.16.01.13. 13 Sewage Disposal.. A. A camp operator shall ensure that a facility for sewage disposal is:. 1) Connected to a community sewerage system when available; and. 2) Properly maintained.. B. If a community sewerage system is not available, a camp operator shall install, operate, and maintain a sewage disposal system in compliance with COMAR 26.04.02.C. A camp operator shall install and maintain a waste plumbing connection and fixture in accordance with plumbing code requir
10.16.01.14.htm 10.16.01.14. 14 Toilet Facilities.. A. A camp operator shall construct, locate, and maintain a toilet facility to prevent a nuisance or public health hazard.B. A camp operator shall provide toilets for each sex in the ratio of not less than one for each 15 persons with a minimum of one for each sex. The camp operator may substitute for men's toilets a urinal constructed of nonabsorbent materials on the basis of one urinal for one toilet up to a maximum of 1/3 of those required.
10.16.01.15.htm 10.16.01.15. 15 Bathing Facilities.. A camp operator shall:. A. Provide a shower and handwashing facility supplied with hot and cold water under pressure in a building located within 200 feet of each housing unit;B. Ensure that a shower and handwashing area is well lit, well ventilated, and designed so that good sanitation can be maintained;C. Connect a fixture for supplying hot water to a water heater capable of safely supplying hot water at a minimum of 100°F to the fixture as needed at
10.16.01.16.htm 10.16.01.16. 16 Laundry Facilities.. A camp operator:. A. Shall provide laundry facilities supplied with hot and cold water under pressure for the use of all occupants in the ratio of one laundry tub per 25 persons;B. May provide mechanical washers in the ratio of one per 50 persons instead of one laundry tub per 25 persons;C. Shall provide a minimum of one laundry tub per 100 persons or fraction of them if mechanical washers are provided;
10.16.01.17.htm 10.16.01.17. 17 Housing.. A. A camp operator shall ensure that the following space is provided:. 1) For a habitable room used only for sleeping purposes, not less than 50 square feet of floor space per occupant;2) For an area used for combined cooking, eating, and sleeping, not less than 60 square feet of floor space per occupant; and3) At least 1/2 of the floor area with a minimum ceiling height of 7 feet. Floor space is not counted toward minimum requirements when the ceiling hei
10.16.01.18.htm 10.16.01.18. 18 Ventilation and Screening.. A. A camp operator shall ensure that:. 1) A ventilation opening, such as a window, vent, or exterior door, is supplied with one or more 16-mesh per inch screens that are tight fitting;2) A screen door is equipped with a self-closing device; and. 3) Screening is easily removable on an emergency escape window.. B. A camp operator shall provide natural or forced air ventilation capable of providing fresh air and eliminating excess heat
10.16.01.19.htm 10.16.01.19. 19 Electricity and Lighting.. A. A camp operator shall ensure that electrical service at a campsite is installed and maintained in conformance with local electrical codes.B. A camp operator shall provide:. 1) A habitable room, toilet, common-use room, shower room, laundry room, hallway, recreational room, dining area, and kitchen with ceiling or wall-type lighting fixtures that meet the requirements of the local electrical code;
10.16.01.20.htm 10.16.01.20. 20 Heating.. A. A camp operator shall:. 1) Provide a habitable room and service room with properly installed heating equipment capable of maintaining a temperature of at least 68°F if the camp is occupied at any time during the months of October through April, and during other times of the year if the temperature in the quarters falls below 68°F for an extended period of time;2) Install and vent a stove or other source of heat using combustible fuel to prevent a fire hazard
10.16.01.21.htm 10.16.01.21. 21 Cooking and Eating Facilities.. A camp operator shall provide cooking and eating facilities in one of the following three arrangements:A. Habitable Room Cooking Facilities. When cooking and eating facilities are provided within a habitable room, a camp operator shall provide:1) A stove or hot plate equipped with a minimum of two burners, installed and maintained in compliance with the National Fire Protection Association 101 Life Safety Code, which is incorporated by refe
10.16.01.22.htm 10.16.01.22. 22 Garbage and Other Refuse.. A camp operator shall:. A. Provide durable, fly-tight, leak-proof, and rodent-proof containers in good condition adjacent to each housing area for the storage of garbage and other refuse in the ratio of one 20-gallon container or its equivalent for each 10 occupants.B. Ensure that refuse collection is provided at least twice a week while the camp is occupied. If necessary to keep the camp in a sanitary condition, the Secretary may require
10.16.01.23.htm 10.16.01.23. 23 Insect and Rodent Control.. A camp operator shall maintain housing, campsite, and each facility to minimize the entry of insects, rodents, and other vermin into each structure and to eliminate harborage.
10.16.01.24.htm 10.16.01.24. 24 Fire, Safety, and First Aid.. A camp operator shall:. A. Ensure that:. 1) The construction and maintenance of a building within the camp is in accordance with the National Fire Protection Association 101 Life Safety Code, which is incorporated by reference, and local fire and safety codes;2) Written certification is obtained from the local fire authority stating that the camp is in compliance with local fire codes; and3) The written certification in §A(2) of this regu
10.16.01.25.htm 10.16.01.25. 25 Conflict of Regulations .09―24 and Regulation .26.. A camp operator required to comply with Regulation .26 shall comply with the requirements of Regulation .26, of this chapter, if there is a conflict between a requirement under Regulations .09―24 and Regulation .26 of this chapter.
10.16.01.26.htm 10.16.01.26. 26 Applicable Federal Standards.. A. An operator of a camp, or a portion of a camp, for which construction began on or after April 3, 1980, and which was not under a contract for construction as of March 4, 1980, shall ensure that in addition to meeting the requirements of Regulations .01―24, and .27, of this chapter, the minimum standards in §B―M of this regulation, taken from 29 CFR §1910.142 (Occupational Safety and Health Standards, Temporary Labor Camps) are met.B. Site..
10.16.01.27.htm 10.16.01.27. 27 Variances.. Variances to provisions of this chapter which have been granted by the Regional Administrator, Employment and Training Administration, federal Department of Labor under 20 CFR §654.402, Variances, and variances granted by the Maryland Commissioner of Labor and Industry, Department of Licensing and Regulation under COMAR 09.12.31.06, shall be accepted by the Secretary. Variances which have been granted by the Secretary shall continue to be in effect.
10.16.01.9999.htm 10.16.01.9999. Administrative History Effective date: April 15, 1970. Amended effective December 1, 1970. Regulations .01C and .04D amended effective December 14, 1979 (6:25 Md. R. 1980). Regulation .04H amended effective July 5, 1982 (9:13 Md. R. 1351). Regulations .01―06 repealed effective April 1, 1991 (18:6 Md. R. 685) ―. Regulations .01―27 adopted effective April 1, 1991 (18:6 Md. R. 685).
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