Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 90 - MIGRANT LABOR HOUSING FACILITIES › Section 90.4 - Standards and Inspections

Current through Reg. 49, No. 28; July 12, 2024
(a) Facilities must
				follow the appropriate housing standard as defined in
				29 CFR §
										500.132, (the Employment and Training
				Administration (ETA) and Occupational Safety and Health Administrations (OSHA)
				housing standards also referred to as the "ETA and OSHA Housing Standards"), or
				if applicable the Range Housing standard as defined in
				20 CFR §
										655.235 or Mobile Housing Standards as
				defined in 20 CFR §
										655.304. The inspection checklists setting
				forth those standards are available on the Department's website at
https://www.tdhca.texas.gov/migrant-labor-housing-facilities
.
(b) Inspections of the Facilities of
				applicants for a License and Licensees may be conducted by the Department under
				the authority of Tex. Gov't Code §
									2306.928 upon
				reasonable notice and using the appropriate inspection forms noted in
				subsection (a) of this section. Inspections may be conducted by other State or
				Federal agencies, on behalf of the Department, on forms promulgated by those
				agencies.
(c) In addition to the
				standards noted in subsection (a) of this section, all Facilities must comply
				with the following additional state standards:
(1) Facilities shall be constructed in a
				manner to insure the protection of Occupants against the elements. Facilities
				shall be maintained in good repair and in a sanitary condition. All doors to
				the exterior shall have working locks and all windows shall have working
				interior latches. Each unit shall have a working smoke detector. Fire
				extinguishing equipment shall be provided in an accessible place located within
				100 feet from each Facility. Such equipment shall provide protection equal to a
				2 1/2 gallon stored pressure of five gallon pump type water extinguisher. A
				working carbon monoxide detector must be present in all units that use gas or
				other combustible fuel.
(2)
				Combined cooking, eating, and sleeping arrangements must have at least 100 SF
				per person (aged 18 months and older); the portion of the Facility for sleeping
				areas must include at least a designated 50 square feet per person.
(3) Facilities for Families with children
				must have a separate room or partitioned area for adult Family
				members.
(4) In dormitory-type
				facilities, separate sleeping accommodations shall be provided for each sex. In
				Family housing units, separate sleeping accommodations shall be provided for
				each Family unit.
(5) Facilities
				previously used to mix, load, or store pesticides and toxic chemicals may not
				be used for cooking, dishwashing, eating, sleeping, housing purposes, or other
				similar purposes.
(6) In a central
				mess or multifamily feeding operation, the kitchen and mess hall shall be
				constructed in accordance with any applicable local or state rules on food
				services sanitation.
(7) Beds,
				bunks, or cots shall have a clear space of at least 12 inches from the floor.
				Triple-deck bunks shall be prohibited. Single beds shall be spaced not closer
				than 36 inches laterally or end to end. Bunk beds shall be spaced not less than
				48 inches laterally or 36 inches end to end. There shall be a clear ceiling
				height above a mattress of not less than 36 inches. The clear space above the
				lower mattress of the bunk beds and the bottom of the upper bunk shall not be
				less than 27 inches.
(8) Bathrooms,
				in aggregate shall have a minimum of one showerhead per 10 persons and one
				lavatory sink per six persons. Showerheads shall be spaced at least three feet
				apart to insure a minimum of nine square feet of showering space per
				showerhead.
(9) In all communal
				bathrooms separate shower stalls shall be provided.
(10) Mechanical clothes washers with dryers
				or clothes lines shall be provided in a ratio of one per 50 persons. In lieu of
				mechanical clothes washers, one laundry tray (which is a fixed tub (made of
				slate, earthenware, soapstone, enameled iron, stainless steel, heavy duty
				plastic, or porcelain) with running water and drainpipe for washing clothes and
				other household linens) or tub per 25 persons may be provided.
(11) All Facility sites shall be provided
				with electricity. The electrical systems shall conform to all applicable codes
				and shall be sufficient to provide the electricity with sufficient amperage to
				operate all required and available features, including but not limited to
				lighting, stoves, hot water heaters, heating systems, portable heaters,
				refrigeration, and such other devices as may be connected to wall type
				convenience outlets.
(12) A
				separate bed and clean mattress must be provided for each individual worker or
				Couple. If a single bed is provided to a couple, it may not be smaller than a
				full size.