Fla. Admin. Code Ann. R. 64E-14.004 - Standards, Permits, Inspections, Violations, Complaints and Retaliation
(1) Standards.
Before any person establishes, operates, or allows occupancy of a migrant labor
camp or residential migrant housing, the operator shall ensure that the camp or
housing complies with the minimum standards of construction, sanitation, and,
equipment established in Sections
381.008
through 381.00897, F.S. the rules of this chapter, and the Occupational Safety
and Health Act of 1970, 29 U.S.C. s. 655, or the Housing and Urban Development
(HUD) Chapter 10 Housing Quality Standards as referenced in the Housing Choice
Voucher Program Guidebook 7420.10 G effective as of April 2001. The
Occupational Safety and Health Administration's (OSHA) standards for Temporary
Labor Camps in 29 U.S.C. s. 655, and HUD's Chapter 10 Housing Quality Standards
in the Housing Choice Voucher Program Guidebook 7420.10 G, are herein adopted
and incorporated by reference. A copy of the OSHA Standards can be obtained at
http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDARDS&p_id=9791
or U.S. Government Printing Office, 732 N. Capital Street, Washington, DC
20401. A copy of the Chapter 10 HUD Housing Quality Standards referenced in the
Housing Choice Voucher Program Guidebook can be obtained at the U.S. Department
of Housing and Urban Development Office located at Brickell Plaza 909 S. E. 1st
Ave., Room #500, Miami, Florida 33313 or at
http://www.doh.state.fl.us/environment/community/migrant-labor/index.html.
Any housing that is furnished as a condition of employment so as to subject it
to the requirements of OSHA shall only be inspected under the OSHA standards.
This applies to migrant labor camps as that term is defined in subsection
64E-14.002(14),
F.A.C. The HUD standards are applicable only to housing authority projects
funded to house migrant and seasonal farmworkers. Mobile Home Parks that have 5
or more seasonal or migrant farmworkers as occupants of the park will be issued
a revised Mobile Home/RV Park and Residential Migrant Housing Permit.
(2) Application for Permits.
(a) All applications for a permit to operate
a migrant labor camp or residential migrant housing shall be filed with the
department at least 30 days prior to the date of operation on DH Form 4082,
Application For A Migrant Labor Camp Permit, Sept. 98, incorporated herein by
reference. DH Form 4082 is available at county health departments located in
each county or at
http://www.doh.state.fl.us/environment/community/migrant-labor/index.html.
Completed applications required in this subsection shall be submitted to the
county health department where the farmworker housing is located and shall be
accompanied by the fee specified in Rule
64E-14.005,
F.A.C.
(b) In the event of a change
of ownership of a migrant labor camp or residential migrant housing, the new
owner shall file DH Form 4082 with the department at least 15 days before the
change of ownership occurs and pay the application fee amount designated in
Rules
64E-14.005(1)
-(3), F.A.C.
(3) Permit.
Prior to the issuance of a permit, the department shall perform an initial
inspection to determine whether the proposed migrant labor camp or residential
migrant housing operation conforms to the minimum standards established in (1)
of this rule. The department shall issue a permit for operation of the migrant
labor camp or residential migrant housing upon all violations being
successfully corrected after the initial inspection. The department will accept
a recent (within three months) satisfactory federal sanitation inspection
report, form HUD 9822, as a substitute for a pre-occupancy inspection of
housing authority projects. A permit shall be required and must be obtained
annually for each such migrant labor camp or residential migrant housing.
Permits shall expire on September 30 next after the date of issuance and shall
not be transferable.
(4)
Inspections.
(a) Migrant labor camps and
residential migrant housing occupied 6 weeks or more during a quarter shall be
inspected at least twice quarterly during periods of occupancy. Migrant labor
camps and residential migrant housing occupied less than 6 weeks during the
quarter shall be inspected at least once during the quarter within that 6 week
period. Proper documentation must be provided from the owner, operator or
person in charge, clearly indicating the period of occupancy. Such
documentation may include letters, memos, applications, or inspection
forms.
(b) HUD Housing Authorities
shall only be inspected twice annually.
(c) Migrant farmworker occupied mobile homes
in a mobile home park meeting the 5 or more seasonal or migrant farmworker
requirement, will be inspected and required to meet the migrant program
standards when issued a revised Mobile Home/RV Park and Residential Migrant
Housing Permit. Inspections shall be conducted using inspection form DOH 4060,
effective 01/05, Migrant Labor Camp or Residential Migrant Housing Inspection
Report, herein incorporated by reference, in accordance with this paragraph.
The form may be obtained at the county health departments located in each
county or at http://www.doh.state.fl.us/environment/
community/migrant-labor/index.html. Department personnel shall conduct
inspections at reasonable hours and in accordance with Section
381.0088,
F.S.
(d) Field sanitation
facilities inspections as defined in Rule
64E-14.016,
F.A.C., shall be made at random in the normal course of staff
activities.
(5)
Violations.
(a) When a major deficiency as
defined in subsection
64E-14.002(12),
F.A.C., is reported to housing permittees or supervisors, a maximum of 48 hours
shall be given to make corrections or provision for corrections that meet the
requirements of this chapter. The permittees or supervisors must submit proof
(i.e., receipt, estimates or cost analysis sheet, etc.,) to the department's
staff at the time of the reinspection to show that the major deficiency has
been corrected or is in the process of being corrected within the 48 hours
timeframe allotted by this rule. The documents presented to the department's
staff must come from companies or persons licensed to provide the required
services (i.e., licensed septic tank contractors, licensed plumbers,
contractors licensed in building trades and other professions). If the
department grants the permittee a time extension to correct the violation, the
permittee must provide documentation showing that provisions have been made to
correct the major deficiency within 48 hours from the issuance of the extension
issued by the county health department staff. The documentation must include a
start and completion date by which the major deficiency will be corrected. The
major violation must be corrected on or by the date indicated in the
documentation, otherwise, the department will issue a citation with a fine.
Three or more violations which constitute major deficiencies as defined in
subsection
64E-14.002(12),
F.A.C., cited during an inspection shall be cause for the department to seek
legal remedy in accordance with Rule
64E-14.023,
F.A.C.
(b) Continual or repeat
violations of the same inspection items related to migrant farmworker housing
are cause for the issuance of a citation imposing a fine. A continual or repeat
violation is a violation that occurs 3 or more times during a permit
year.
(6) Complaints.
Any person may file a complaint when they believe that any occupied migrant
labor camp or residential migrant housing is in violation of any housing
standard contained herein. Such complaint may be made to a county health
department or to the Bureau of Community Environmental Health. Upon receipt of
the complaint, county health department staff shall inspect the housing
identified to determine if a violation does exist. Should the complaint allege
a major deficiency at the migrant labor camp or residential migrant housing,
the inspection shall be made as soon as practicable. All other complaints will
result in a notification to the owner and operator advising them of the
complaint and that the alleged violation must be remedied within 3 business
days. The department shall conduct an inspection as soon as practicable
following such three day period to confirm that the violations have been
corrected. When the alleged violations have been corrected, the complainant and
the owner and operator shall be notified in writing within 15 working days of
the outcome of the complaint and the closure of the complaint process. Upon
request of the complainant, the department shall conduct the inspection so as
to protect the confidentiality of the complainant.
(7) Retaliation Prohibited. Migrant labor
camp and residential migrant housing residents and occupants who make
complaints in good faith about housing and sanitary conditions shall not be
retaliated against by the owner or operator. Examples of conduct for which an
owner or operator may not retaliate are stated in 381.00895, Florida
Statutes.
Notes
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