Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-33 - Agricultural Labor Camps › Section 3701-33-06 - Housing site and units

Current through all regulations passed and filed through July 1, 2024
(A)
								To comply with
			 minimum standards of habitability:
(1)
									All sites used for camps shall be adequately drained.
			 They shall not be subject to periodic flooding, nor located within two hundred
			 feet of swamps, standing water, or other surface collections of water that are
			 located on the operator's property. The camp shall be located so the drainage
			 from and through the camp will not endanger any water supply. All sites shall
			 be graded, ditched, and rendered free from depressions in which water may
			 become a nuisance.
(2)
									Housing shall not be subject to, or be in proximity to,
			 conditions that create or are likely to create offensive odors, flies, noise,
			 traffic, or any similar hazards. Housing constructed or installed after April
			 2, 1985 shall be a minimum of two hundred feet from conditions that create or
			 are likely to create offensive odors, flies, noise, and at least fifteen feet
			 from the edge of the drivable portion of a public roadway.
(3)
									Housing
			 constructed or installed after the effective date of this rule shall be located
			 at least five hundred feet from areas where livestock are housed or
			 kept.
(4)
									A minimum distance of ten feet is required between
			 dwellings, and between dwellings and other buildings.
(5)
									Grounds within
			 the camp shall be free from debris, noxious plants (including, but not limited
			 to, poison ivy or poison sumac) and uncontrolled vegetation, such as grass,
			 weeds, or brush.
(6)
									Any building in a camp that is not structurally sound
			 shall be repaired, sealed shut, razed, or removed.
(7)
									The operator
			 shall set aside or provide suitable recreational space consisting of not less
			 than five per cent of the total camp area or fifteen hundred square feet,
			 whichever is greater.
(8)
									Roads, parking areas, and walkways within the camp must
			 be graded and covered with gravel, or with flexible or rigid
			 pavement.
(9)
									Manufactured or mobile homes as defined in section
			 4501.01 of the Revised Code that
			 are placed in an agricultural labor camp after July 1, 2007, shall meet the
			 installation requirements of the Ohio manufactured homes commission and Chapter
			 4781. of the Revised Code. The operator shall provide written verification that
			 any newly placed manufactured home has been approved in accordance with Chapter
			 4781. of the Revised Code;
(10)
									Each building
			 shall be adequate in size for its use and easy to keep clean.
Every foundation, roof, and exterior
				wall, door, skylight and window shall be rodent-proof, weathertight and
				watertight. Each building shall be kept in good repair and sanitary condition.
				Each exterior door shall be equipped with a working lock.
(11)
									All
			 housing units shall be consecutively numbered. The identifying number of each
			 housing unit shall be placed on the outside of the unit. Numbers at least three
			 inches in height shall be used for identification purposes.
(12)
									When the camp is
			 partially or totally abandoned or partially or totally vacated, the camp
			 operator is responsible for maintaining the grounds and buildings in a clean
			 and sanitary condition.
(13)
									The exterior of each building shall be constructed of
			 decay resistant wood, covered with a non-toxic paint or constructed of another
			 non-permeable material.
(14)
									Dwellings shall have floors that are smooth finished,
			 easily cleanable, and impervious to moisture. Wood floors shall be constructed
			 at least one foot above grade in all new or substantially altered
			 buildings.
(15)
									The interior walls, ceilings and partitions of each
			 building shall be smooth finished, free of gross imperfections including but
			 not limited to open cracks and holes, and covered with a non-toxic paint or
			 other type of wall covering that is impervious to moisture.
(16)
									The following
			 space requirements shall be provided in housing units in existence in the camp
			 on or before April 2, 1985:
(a)
										For sleeping purposes only, in family units and in
			 dormitory accommodations using single beds, not less than fifty square feet of
			 floor space per occupant. In a family unit, each child under six years of age
			 shall be provided with not less than twenty-five square feet of floor
			 space.
(b)
										For sleeping purposes in dormitory accommodations using
			 bunk beds only, not less than forty square feet per occupant;
(c)
										For combined
			 cooking, eating and sleeping purposes, not less than sixty square feet of floor
			 space per occupant. In a family unit, each child under six years of age must be
			 provided with not less than thirty square feet of floor space.
(17)
									The
			 following space requirements shall be provided in housing units constructed or
			 installed after April 2, 1985:
(a)
										For sleeping purposes only, not less than fifty square
			 feet of floor space for each occupant whether single beds or bunk beds are
			 used;
(b)
										For combined cooking, eating and sleeping purposes, not
			 less than one hundred square feet of floor space per occupant.
(18)
									Ceiling height requirements shall be as follows:
(a)
										In housing units
			 in existence in the camp on April 2, 1985, at least one half of the floor area
			 in each housing unit shall have a minimum ceiling height of seven feet;
			 however, existing housing units and manufactured homes may be used when the
			 ceiling height is at least six feet, six inches. No floor space shall be
			 counted toward minimum requirements where the ceiling height is less than five
			 feet.
(b)
										In housing units constructed or installed after April
			 2, 1985, ceilings shall have a minimum height of seven feet; however,
			 manufactured homes as defined by section
			 4501.01 of the Revised Code may
			 be used if they meet the requirements of
			 24 C.F.R.
			 3280.104 (1975) for ceiling
			 height.
(19)
									For ventilation purposes, each habitable room, not
			 including partitioned areas, shall have at least one window or skylight opening
			 directly to the outside. The minimum total window or skylight area, including
			 windows in doors, shall equal at least ten per cent of the usable floor area.
			 However, each habitable room shall have at least one openable window in
			 addition to any windows and doors for that room. The total area that can be
			 opened shall equal at least fifty percent of the minimum window or skylight
			 area required, except where comparably adequate ventilation is supplied by some
			 other method.
(20)
									All outside openings shall be protected with
			 tight-fitting screening of not less than sixteen mesh and in good repair.
			 Screen doors shall be equipped with self-closing devices and installed to open
			 outward.
(21)
									All cooking spaces, whether individual or common, shall
			 be provided with the following:
(a)
										Mechanical refrigeration for storage of food at a
			 temperature of not more than forty-one degrees Fahrenheit;
(b)
										A table and
			 chairs, or equivalent seating and eating arrangements, commensurate with the
			 capacity of the housing unit or units;
(c)
										Adequate lighting
			 and ventilation;
(d)
										Wall surface adjacent to all food preparation and
			 cooking areas shall be of easily cleanable material that is impervious to
			 moisture. In addition, the wall surface adjacent to cooking areas shall be of
			 fire-resistant material; and
(e)
										Flooring shall be
			 made of easily cleanable materials that are impervious to
			 moisture.
(22)
									Within five years of the effective date of this rule,
			 existing camps shall provide a handwash sink with hot and cold running water in
			 each housing unit. A kitchen sink with hot and cold running water shall be
			 provided in each housing unit in camps newly constructed, substantially altered
			 or installed after the effective date of this rule.
(23)
									When space for
			 cooking is provided for ten or less occupants, that space shall also have the
			 following:
(a)
										
			 A stove with a minimum of two functioning burners; and
(b)
										Adequate food
			 storage shelves with a minimum of six square feet of surface area and an
			 adequate counter for food preparation with a minimum of two and one-half square
			 feet of surface area.
(24)
									When space for
			 cooking is provided for more than ten occupants, that space shall also have the
			 following:
(a)
										
			 Stoves, with a minimum equivalent of two functioning burners per stove, in a
			 ratio of one stove to every ten occupants; and
(b)
										Adequate food
			 storage shelves with a minimum of twelve square feet of surface area and an
			 adequate counter for food preparation with a minimum of five square feet of
			 surface area.
(25)
									When central dining facilities are provided, the
			 kitchen and dining hall shall be in proper proportion to the capacity of the
			 housing unit or units and shall be separate from sleeping quarters. The
			 operation, equipment, and physical facilities shall be in compliance with
			 Chapter 3717. of the Revised Code and the rules adopted
			 thereunder.
(26)
									Fuel lines and fuel storage tanks used to supply
			 cooking equipment shall be secured and maintained in a safe
			 condition.
(27)
									A bed or bunk with a clean mattress shall be provided
			 for each occupant.
Bedframes shall be of sturdy
				construction. Separate sleeping accommodations shall be provided for each sex,
				except in a housing unit occupied by a single family. Beds used for double
				occupancy may be provided only in family accommodations.
(28)
									Dwellings used for families shall have a separate room or
			 partitioned sleeping area for the adults when there are children who are six
			 years of age or older present. The partition shall be of rigid materials and
			 may be movable, but must be a minimum of six feet high so as to provide
			 reasonable privacy.
(29)
									Triple deck or higher bunks shall be
			 prohibited.
(30)
									Every bed shall be elevated at least twelve inches from
			 the floor to the bottom of the mattress. The clear space between the top of the
			 lower mattress of a bunk bed and bottom of the upper bunk shall be a minimum of
			 twenty-seven inches. The distance from the top of the upper mattress to the
			 ceiling shall be a minimum of twenty-seven inches. Beds shall be spaced at
			 least twenty-four inches laterally or end to end. Bunk beds shall be spaced at
			 least twenty-four inches apart.
(31)
									All bedding
			 provided by the camp operator shall be clean and sanitary at time of
			 issue.
(32)
									Adequate and separate arrangements for hanging clothing
			 and storing personal effects shall be provided for each occupant. The minimum
			 storage area for each occupant shall be twelve inches by thirty-six inches
			 extending from the floor to the ceiling, with hooks or a rod for hanging
			 clothes and one shelf twelve inches by thirty-six inches. Furniture storage
			 units may be substituted for required shelf storage.
(33)
									The operator
			 shall ensure that the camp is maintained and is in a clean and sanitary
			 condition and shall abate any maintenance problem, nuisance or unsanitary
			 condition that may develop in the camp.