Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 501 - RULES AND REGULATIONS GOVERNING THE CONSTRUCTION AND MAINTENANCE OF MIGRANT LABOR CAMPS › Part I - Definitions and General Provisions › Section 12VAC5-501-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this chapter
					 shall have the following meanings unless the context clearly indicates
					 otherwise:
"Approved water supply" means a waterworks that has a valid
					 waterworks operation permit from the commissioner or a water supply that is
					 evaluated, tested and, if found in compliance with the applicable standards,
					 accepted and approved by the director or the director's designee.
"Board" means the State Board of Health.
"Camp operator" means a person who has charge, care, or
					 control of a migrant labor camp.
"Commissioner" means the State Health Commissioner or his
					 designee who has been delegated powers in accordance with subdivision 2 of
					 12VAC5-501-30.
"Department" means the Virginia Health Department.
"Director" means the director of a city, county or district
					 health department or his designated representative who is assigned
					 responsibility for implementation of these regulations at the local
					 level.
"Migrant labor camp" or "camp" means one or more
					 structures, buildings, tents, barracks, trailers, vehicles, converted
					 buildings, and unconventional enclosures of living space, reasonably
					 contiguous, together with the land appertaining thereto, established, operated
					 or used as living quarters for one or more persons, one or more of whom is a
					 migrant worker engaged in agricultural or fishing activities, including related
					 food processing. "Migrant labor camp" does not include (i) a summer camp,
					 campground or hotel as defined in § 35.1-1 of the Code of Virginia, (ii)
					 housing that, in the ordinary course of business, is regularly offered to the
					 general public on a commercial basis and is provided to any migrant worker on
					 the same or comparable terms and conditions as provided to the general public,
					 or (iii) small businesses that are exempt under federal law as provided in the
					 Fair Labor Standards Act ( 29 USC § 201 et seq.) and the Migrant and
					 Seasonal Worker Protection Act ( 29 USC § 1801 et seq.).
"Migrant worker" means any individual from within or
					 outside the Commonwealth who passes seasonally from one place to another for
					 the purpose of employment (agricultural or fishing activities, including
					 related food processing), who is not a year-round employee, and who occupies
					 living quarters other than his permanent home during the period of such
					 work.
"Owner" means a person who owns, leases or proposes to own
					 or lease a migrant labor camp.
"Person" means an association, a corporation, individual,
					 partnership, other legal entity, government, or governmental subdivision or
					 agency.
"Variance" means a conditional waiver of a specific
					 regulation granted by the commissioner or his designee pursuant to
					 12VAC5-501-120 to a specific camp
					 operator relating to a specific situation or facility and may be for a specific
					 period of time.
Statutory Authority
§ 32.1-211 of the Code of Virginia.