New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 15 - Migrant Farmworker Housing › General Provisions › Section 15.4 - Permit to operate required; application, issuance, revocation, posting, inspections, access

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Permit
				  required. No individual, group of individuals, partnership, firm, corporation,
				  or association shall operate any migrant farmworker housing facility as defined
				  by this Part or cause or allow the same to be occupied without a permit to do
				  so from the permit issuing official.
(b) Application for permit. Application for a
				  permit to operate a migrant farmwork or housing facility shall be made by the
				  camp operator using forms provided by the Health Department at least 30 days
				  before the first day of proposed operation of such housing facility. Following
				  the revocation of a permit a new application for permit must be filed at least
				  72 hours before resuming operation. Operating permits shall not be transferable
				  or assignable and cannot be issued for a term greater than 12 consecutive
				  months.
(c) Permit issuance. The
				  permit issuing official shall issue a permit when the migrant farmworker
				  housing facility conforms, or will conform, to the requirements of this Part,
				  and does not present a danger to the health or safety of the housing occupants.
				  The operator to whom the permit is issued shall comply with the requirements of
				  this Part and with any additional conditions stated in the permit. An
				  application for a permit may be denied when the applicant has exhibited a
				  history of noncompliance with the requirements of this Part.
(d) Revocation, suspension. A permit may be
				  revoked, or suspended by the permit issuing official if the migrant farmworker
				  housing facility for which the permit was requested or issued was found to have
				  been maintained, operated or occupied in violation of the Public Health Law, or
				  this Chapter. Before suspension, or revocation of a permit, or after receipt of
				  a Notice of Violation, the permittee, or applicant, shall be given the
				  opportunity to be heard by the permit-issuing official or his designated
				  officer to appeal the revocation, or suspension of the permit to operate. A
				  permit may be revoked upon request of the permittee or upon abandonment of
				  operation.
(e) Posting. Posters
				  supplied by the permit-issuing official which list the responsibilities of the
				  operator and occupants for operation and maintenance of the housing facilities
				  and environs must be placed in locations readily visible to the
				  occupants.
(f) Inspections. Any
				  property that is operated, or suspected of being operated as a migrant
				  farmworker housing facility as defined by this Part is subject to inspection by
				  the permit-issuing official or their representative.
(g) Pre-occupancy inspection required. No
				  occupancy shall be allowed until after the required inspection has been made
				  and a permit is issued, or permission to occupy is granted by the
				  permit-issuing official.
(h)
				  Operational inspections. A facility may be exempted from inspections, other
				  than inspections based upon a complaint or an injury or illness investigation,
				  during occupancy by migrant farmworkers if the permit-issuing official
				  determines the operator has operated the facility for at least two consecutive
				  years without any violations of this Part, and in a manner demonstrating such
				  operation does not present an unreasonable risk to the health or safety of the
				  occupants. The exemption applies only during the term of the permit and its
				  renewal will be based upon continued documented compliance with the provisions
				  of this Part.
(i) Access. The
				  permit issuing official or their representative shall be allowed entry for the
				  purposes of inspection to any property operated or suspected of being operated
				  as a migrant farmworker housing facility as defined by this Part.