The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Administrative Process Act" or "APA" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.

"Applicable building code" means the local or statewide building code and referenced standards in effect at the time the building or portion thereof was constructed, altered, renovated, or underwent a change of occupancy.

"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.

"Camp owner" means a person who owns, leases, or proposes to own or lease 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 Department of 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.

"Employment and Training Administration" or "ETA" means the administration of the United States Department of Labor that administers federal government job and worker programs, federal grants to states for public employment service programs, and unemployment benefits that are primarily serviced through state and local workforce development systems.

"Migrant labor camp" or "camp" means one or more structures, buildings, tents, barracks, trailers, vehicles, converted buildings, and unconventional enclosures of living space, constructed or manufactured for the purpose of lodging accommodations, 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. shall have the same meaning as defined in § 32.1-203 of the Code of Virginia.

"Owner" means a person who owns, leases or proposes to own or lease a migrant labor camp.

"Permit holder" means the camp owner or operator to whom the migrant labor camp permit is issued.

"Person" means an association, a corporation, individual, partnership, other legal entity, government, or governmental subdivision or agency.

"Private well" shall have the same meaning as defined in the Private Well Regulations (12VAC5-630).

"Rainwater harvesting system" shall have the same meaning as defined in the Rainwater Harvesting System Regulations (12VAC5-635).

"Tent" means a structure, enclosure, or shelter constructed of fabric or pliable material supported in any manner except by air or the contents it protects.

"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. Variances and may be granted for a specific period of time.

This chapter has been promulgated by the State Board of Health to ensure that safe and healthy living conditions are provided for migrant workers and their families while they are employed and living in the Commonwealth of Virginia. This chapter establishes standards and procedures that the State Health Commissioner will follow in determining whether a permit to operate a migrant labor camp should be issued, denied, revoked, or suspended. In a similar way the chapter also delineates the procedures and requirements with which a camp must comply in order for the camp operator to obtain and retain a permit.

These regulations are administered by the following:

1. The State Board of Health, hereinafter referred to as the board, has responsibility to promulgate, amend and repeal regulations necessary to protect the public health.

2. The State Health Commissioner, hereinafter referred to as the commissioner, is the chief executive officer of the State Department of Health. The commissioner has the authority to act for the board when it is not in session (see § 32.1-20 of the Code of Virginia). The commissioner may delegate his powers under these regulations in writing to any subordinate.

3. The State Department of Health hereinafter referred to as "department" is designated as the primary agent of the commissioner for the purpose of administering these regulations.

4. The district or local health department is responsible for implementing and enforcing the regulatory activities required by these regulations.

Upon presentation of appropriate credentials and upon consent of the owner, camp operator or custodian, the commissioner or his designee shall have the right to enter at any reasonable time onto any property to inspect, investigate, evaluate, conduct tests or take samples for testing as he reasonably deems necessary in order to determine compliance with the provisions of this chapter, any order of the board or commissioner, or any conditions in a permit, license or certificate issued by the board or commissioner. If the commissioner or his designee is denied entry, he may apply to an appropriate circuit court for an inspection warrant authorizing such investigation, evaluation, inspection, testing, or taking of samples for testing as provided in Chapter 24 (§ 19.2-393 et seq.) of Title 19.2 of the Code of Virginia.

Operational permits in effect prior to January 1, 2006, unless otherwise revoked, shall remain valid until the expiration date of the permit.

The provisions of Article 3 (§ 2.2-4018 et seq.) of the Virginia Administrative Process Act shall govern the procedures for rendering all case decisions.

The commissioner may, pursuant to §§ 32.1-13 and 32.1-20 of the Code of Virginia, issue emergency orders as is necessary to preserve the public health, safety, welfare and environment. Emergency orders arising out of matters governed by these regulations shall state the reasons and factual basis upon which the emergency order is issued. The emergency order shall state the time period for which it is effective.

A. Notice. Whenever the commissioner or any district or local health department official has reason to believe that a violation of Title 32.1 or Title 35.1 of the Code of Virginia or of any provision of this chapter has occurred or is occurring, he shall so notify the alleged violator. Such notice shall be (i) in writing, with a request to the owner or camp operator to respond by providing any pertinent information on this issue they may wish; (ii) cite the statute, regulation or regulations that are allegedly being violated; and (iii) state the facts that form the basis for believing that the violation has occurred or is occurring. Such notification may be accompanied by a request that certain corrective action be taken.

B. Orders. Pursuant to the authority granted in §§ 32.1-26 and 35.1-6 of the Code of Virginia, the commissioner may issue orders to require any owner or camp operator, or other person, to comply with the provisions of these regulations. The order may require the following:

1. The immediate cessation and correction of the violation;

2. Appropriate remedial action to ensure that the violation does not continue or recur;

3. The submission of a plan to prevent future violations;

4. The submission of an application for a variance; and

5. Any other corrective action deemed necessary to comply with the regulations.

C. Hearing before the issuance of an order. Before the issuance of an order, pursuant to subsection B of this section, the commissioner must comply with the requirements of § 32.1-26 of the Code of Virginia.

D. Order—when effective. All orders issued pursuant to subsection B of this section shall become effective not less than 15 days after mailing a copy thereof by certified mail to the last known address of the owner, camp operator or person violating these regulations. Violation of an order is a Class 1 misdemeanor. See § 32.1-27 of the Code of Virginia.

E. Compliance. The commissioner may act as the agent of the board to enforce all effective orders and these regulations. Should any owner or camp operator fail to comply with any effective order or these regulations, the commissioner may:

1. Institute a proceeding to revoke the camp operator's permit in accordance with 12VAC5-501-230;

2. Request the attorney for the Commonwealth to bring a criminal action;

3. Request the Attorney General to bring an action for civil penalty, injunction, or other appropriate remedy; or

4. Do any combination of the above.

F. Not exclusive means of enforcement. Nothing contained in 12VAC5-501-70 or this section shall be interpreted to require the commissioner to issue an order prior to seeking enforcement of any regulation or statute through an injunction, mandamus or criminal prosecution.

A. Any person willfully violating or refusing, failing, or neglecting to comply with any regulation or order of the board or commissioner or any provision of this chapter shall be guilty of a Class 1 misdemeanor unless a different penalty is specified.

B. Any person willfully violating or failing, neglecting or refusing to obey any lawful regulation or order of the board or commissioner or any provision of this chapter may be compelled in a proceeding instituted in an appropriate court by the board or commissioner to obey such regulations, order, or provision of this chapter and to comply therewith by injunction, mandamus, or other appropriate remedy.

C. Without limiting the remedies that may be obtained in subsection B of this section, any person violating or failing, neglecting or refusing to obey any injunction, mandamus or other remedy obtained pursuant to subsection B of this section shall be subject, in the discretion of the court, to a civil penalty not to exceed $25,000 for each violation. Each day of violation shall constitute a separate offense.

D. With the consent of any person who has violated or failed, neglected, or refused to obey any regulation or order of the board or commissioner or any provision of this chapter, the board may provide, in an order issued by the board against such person, for the payment of civil charges for past violations in specific sums not to exceed the limit specified in subsection C of this section. Such civil charges shall be instead of any appropriate civil penalty that could be imposed under subsection C of this section.

Nothing contained herein shall be construed to bar the enforcement of occupational safety and health standards adopted by the Safety and Health Codes Board in the manner prescribed in Chapter 3 (§ 40.1-22 et seq.) of Title 40.1 of the Code of Virginia and regulations promulgated thereunder.

If, in the case of a manmade or natural disaster, the State Health commissioner Commissioner finds that certain regulations cannot be complied with and that the public health is better served by not fully complying with these regulations, he the State Health Commissioner may authorize the suspension of the application of the regulations for specifically affected localities and institute a provisional regulatory plan until the disaster is abated.

A. In accordance with Chapter 1 (§ 40.1-6 (9) of Title 40.1 of the Code of Virginia, a variance to those the occupational safety and health regulations set forth at 29 CFR Part 1910 by the Federal Identical General Industry Standards (16VAC25-90) may only be granted by the Commissioner of Labor and Industry. Applications for such variances shall be directed to him.

B. The State Health Commissioner or his designee commissioner may grant a variance to these regulations this chapter by following the appropriate procedures set forth in this subsection. The commissioner may grant a variance, in whole or in part, to one or more of the requirements in this chapter, not including federal standards as referenced, if in the commissioner’s discretion, (i) the hardship, which may be economic, imposed by the regulation outweighs the benefits that may be received by the public and (ii) granting the variance would not subject the public to unreasonable health risks or adversely impact the environment.

1. Requirements for a variance to these regulations. The commissioner may grant a variance if he finds that the hardship imposed, which may be economic, outweighs the benefits that may be received by the public and that granting such a variance does not subject the public to unreasonable health risks or environmental pollution.

2. Application for a variance to these regulations. Any camp operator who seeks a variance shall apply in writing within the time period specified in this subsection. The request should be sent to the local health department. Any request for a variance must be made in writing and received by the department prior to the denial of the migrant labor camp permit, or within 30 days after such denial. In the event a person applies for a variance within the 30-day period after the permit has been denied, the date for appealing the denial of the permit, pursuant to 12VAC5-501-160, shall commence from the date on which the department acts on the request for a variance. The application for a variance shall include:

a. A citation to the regulation from which a variance is requested;

b. The nature and duration of the variance requested;

c. Any relevant analytical results including results of relevant tests conducted pursuant to the requirements of these regulations;

d. Statements or evidence that establish that the public health, welfare and environment would not be adversely affected if the variance were granted;

e. Suggested conditions that might be imposed on the granting of a variance that would limit the detrimental impact on the public health and welfare;

f. Other information believed pertinent by the applicant; and

g. Such other information as the district or local health department or commissioner may require.

C. Evaluation of an application for a variance to these regulations. A permit holder or camp owner who seeks a variance shall submit a written request to the local health department in which the migrant labor camp is located. The request shall include:

1. The commissioner shall act on any request for a variance to these regulations submitted pursuant to this subsection within 60 days of receipt of the request.

2. In evaluating a variance application, the commissioner shall consider such factors as the following:

a. The effect that such a variance would have on the operation of the migrant labor camp;

b. The cost and other economic considerations imposed by this requirement;

c. The effect that such a variance would have on protection of the public health, safety, welfare and the environment; and

d. Such other factors as the commissioner may deem appropriate.

1. A citation to the regulation from which a variance is requested;

2. The nature and duration of the variance requested, including the specific hardship imposed by the regulation;

3. Evidence that establishes that granting the variance would not subject the public to unreasonable health risks or may adversely impact the environment;

4. Suggested conditions that might be imposed on the granting of the variance to limit the adverse impact on the public health and environment; and

5. Other information believed pertinent by the permit holder or camp owner.

D. Disposition of a request for a variance to these regulations. The permit holder or camp owner shall provide other information as the department or commissioner may require to evaluate the variance request.

1. If the commissioner proposes to deny the variance, he shall provide the camp operator an opportunity to an informal hearing as provided in § 2.2-4019 of the Code of Virginia. Following this opportunity for an informal hearing, the commissioner may reject any application for a variance by sending a rejection notice to the applicant. The rejection notice shall be in writing and shall state the reasons for the rejection. A rejection notice constitutes a case decision.

2. If the commissioner proposes to grant a variance request submitted pursuant to this chapter, the applicant shall be notified in writing of this decision. Such notice shall identify the variance and the migrant labor camp involved, and shall specify the period of time for which the variance will be effective. Such notice shall provide that the variance will be terminated when the migrant labor camp comes into compliance with the applicable regulation and may be terminated upon a finding by the commissioner that the migrant labor camp has failed to comply with any requirements or schedules issued in conjunction with the variance. The effective date of the variance shall be as noted in the variance letter.

3. All variances to these regulations granted to any migrant labor camp are not transferable unless otherwise stated. Each variance shall be attached to the permit to which it is granted. Each variance is revoked when the permit to which it is attached is revoked.

4. No camp operator may challenge the terms or conditions of a variance after 30 calendar days have elapsed from the receipt of the variance.

E. If the commissioner proposes to grant the variance, the commissioner shall notify the permit holder or camp owner in writing of this decision within 60 calendar days of receipt of the variance request to the local health department. If the commissioner proposes to deny the variance request, the commissioner shall notify the permit holder or camp owner of the proposed denial within 60 calendar days of the local health department’s receipt of the variance request and provide an opportunity for an informal fact-finding conference as provided in § 2.2-4019 of the Code of Virginia.

F. The commissioner may revoke a variance if (i) circumstances relevant to the variance change, (ii) additional information becomes known that alters the basis for the original decision, (iii) the permit holder or camp owner fails to meet any conditions imposed by the variance, (iv) the variance subjects the public to unreasonable health risks or adversely impacts the environment, or (v) the permit is suspended or revoked.

G. A variance granted to a permit holder or camp owner may not be transferred.

H. If a variance is denied, expires, or is revoked, the camp owner, permit holder, or camp operator shall ensure the migrant labor camp complies with all provisions of this chapter.

The commissioner or the commissioner's designee may make case decisions based on informal hearings. An informal hearing is conducted by the department and held in conformance with § 2.2-4019 of the Code of Virginia. The district or local health department may record the hearing or create a written summary or record of the proceedings.

A request for a hearing shall be made by sending the request in writing to the district or local health department in the locality where the migrant labor camp is located. Requests for hearings shall cite the reasons for the hearing request and shall cite the sections of these regulations involved and must be received within 30 calendar days of the decision by the department that led to the hearing request.

Any owner, camp operator or named party whose rights, duties, or privileges have been, or may be affected by any case decision of the board or its subordinates in the administration of these regulations shall have a right to a hearing.

A. Any appeal from a denial of a permit to operate a migrant labor camp must be made in writing and received by the local or state health department within 30 days of the date the denial letter was received.

B. Any request for hearing on the denial of an application for a variance pursuant to 12VAC5-501-120 D 1 must be made in writing and received within 30 days of receipt of the denial notice.

C. Pursuant to the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia), an aggrieved owner or camp operator may appeal a final decision of the commissioner to the appropriate circuit court.

Any A. A person planning to construct, substantially remodel, or enlarge for occupancy or use a migrant labor camp or any portion of the facility thereof, or to convert a property for use or occupancy as a camp shall , give notice in writing to the local health director of his intent to do so at least 30 days before the date of beginning such intended construction, remodeling, enlargement, or conversion . The notice shall include the name of the city or county in which the property is located; the location of the property within that area; plans of the proposed construction, remodeling, enlargement or conversion; and the name, mailing address and telephone number of the person giving the notice. Upon receipt of such notice, the local health director shall forward to such person a copy of Article 6 (§ 32.1-203 et seq.) of Chapter 6 of Title 32.1 of the Code of Virginia relating to migrant labor camps and a copy of this chapter. , submit complete and legible plans or documentation to the local health department in which the proposed project is located, in a form prescribed by the board. The plans or documentation shall include:

1. The name and address of the camp owner and a designation of whether that person is the intended camp operator of the migrant labor camp;

2. The location, boundaries, and dimensions of the proposed or existing migrant labor camp, including areas where livestock are kept if within 500 feet of camp lodging;

3. The proposed or existing method and location of sewage disposal and copies of permits or plans to construct, operate, or use any onsite sewage disposal system. If pump and haul of holding tanks or privies or other sewage disposal services are provided, the camp owner shall demonstrate that the disposal capacity can be met by the provider;

4. The proposed or existing sources and location of the potable water supply;

5. The number, location, and dimensions of all shelters, campsites, buildings, structures, recreation areas, and other features;

6. The number, description, and location of all proposed or existing toilets, sinks and showers; and

7. Other pertinent information as the department may deem necessary.

B. Cosmetic remodeling where a permit is not required by the authority having jurisdiction of the applicable building code shall not require plan review.

C. If the department determines that the proposed plans, if executed, will meet the requirements of this chapter and other applicable laws and regulations designed to protect public health, the department shall issue written approval to the camp owner.

D. If the department determines that the proposed plans, if executed, will not meet the requirements of this chapter and other applicable laws and regulations designed to protect public health, the department shall issue written denial of the plans, including the reasons for denial. The camp owner shall be notified of the opportunity for an informal fact-finding conference pursuant to § 2.2-4019 of the Code of Virginia.

E. No person may construct, substantially remodel, enlarge for occupancy, or convert a property for the use as a migrant labor camp until written approval has been granted by the department and a permit has been obtained in accordance with the Virginia Uniform Statewide Building Code (13VAC5-63), as applicable.

F. If construction, substantial remodel, enlargement, or conversion is not started within 18 months from the date of approval or completed within three years from the date of approval, the approval of the plans shall expire, and the camp owner must re-submit the plans for approval prior to continuing construction.

G. All construction, substantial remodeling, enlargements, or conversions shall be done in accordance with, and limited to work covered by, the plans and recorded changes that have been approved by the department.

A. No person shall own, establish, conduct, maintain, manage, or operate any migrant labor camp in this Commonwealth unless the migrant labor camp is permitted as provided in this section. All permits shall be in the name of the camp operator. Permits shall not be issued to newly constructed or extensively remodeled migrant labor camps until a certificate of occupancy has been issued by the building official. Only a person who complies with the requirements of these regulations shall be entitled to receive or retain such a permit directly or indirectly, conduct, control, manage, operate, or maintain a migrant labor camp within the Commonwealth without a valid migrant labor camp permit from the department.

B. Nontransference of migrant labor camp permits. Permits issued shall not be transferable from one person to another or from one location to another. A new camp operator shall be required to make a written application for a permit. The application forms are available from local health departments. A separate permit is required for each migrant labor camp. No permit may be transferred from one person to another or from one location to another.

C. Requirements for posting permits. The permit shall be posted in a location in the camp readily visible and accessible to the migrant workers. An authorized representative of a migrant labor camp shall submit an application form, as prescribed by the department, for a permit to the local health department in which the migrant labor camp is to be located at least 30 calendar days before the camp is to be opened. The application shall include:

1. The migrant labor camp’s physical address;

2. The name and contact information, including mailing address, for the camp owner;

3. If the camp operator is not the camp owner, the camp operator’s name and contact information;

4. The anticipated dates of operation of the migrant labor camp;

5. The number of migrant workers expected to reside in the camp;

6. A description of the migrant labor camp site, including structures, lodging, and other areas used by migrant workers;

7. A description of the potable water supply, sewage disposal, and toilets, sinks, and showers;

8. A brief description of the agricultural or fishing activities performed by migrant workers to ensure the facility requires a migrant labor camp permit pursuant to § 32.1-203 and § 32.1-205 of the Code of Virginia;

9. A statement signed by the camp owner with the date of signature that attests to the accuracy of the information provided in the application and affirms that the camp owner will allow the department access to the establishment as specified under 12VAC5-501-260; and

10. Additional information as may be required by the department.

D. If the department finds that the migrant labor camp complies with this chapter, the department shall issue a permit to operate. The permit shall list the maximum number of occupants approved for each camp as determined by housing space or onsite sewage disposal capacity, whichever is less.

E. If the department finds that the migrant labor camp does not comply with this chapter and proposes to deny the application for permit, the department shall, within 10 business days, notify the camp owner in writing (i) citing the items that constitute the reasons for denial, (ii) providing the camp owner with the opportunity to reapply, and (iii) providing the camp owner with the opportunity for administrative process pursuant to the APA.

F. The camp operator shall post the permit conspicuously at a place in the camp readily visible and accessible to the migrant workers and the department.

A. Application for a permit to operate a migrant labor camp shall be made on a form prescribed by the board to the local health director of the county or city in which the migrant labor camp is located at least 30 days before such camp is to be opened. A separate application shall be submitted for each camp every year.

B. The local health director shall issue a permit after an inspection if the camp is found to be in compliance with this chapter.

C. If the camp is not found to be in compliance, the local health director may deny, revoke or suspend the permit or recommend denial of a variance.

D. Any expansion or modification of a permitted migrant labor camp shall require the obtaining of a new permit.

Prior to the issuance of a permit, the director or his designee shall inspect the migrant labor camp to determine compliance with the requirements of these regulations. The department shall issue a permit to the applicant if its inspection reveals that the proposed migrant labor camp complies with all requirements of these regulations. The permit shall expire annually on December 31. Also, changes in the camp operator void the permit and the new camp operator must apply for a new permit.

Whenever the department denies a permit to operate a migrant labor camp, it shall, within 10 days of the inspection, send the applicant a written explanation of the reasons why the permit was denied.

The director may suspend a permit to operate a migrant labor camp without an informal hearing if the director finds the continued operation constitutes a substantial and imminent threat to the public health. Upon receipt of such notice that a permit is suspended, the permit holder shall cease operation immediately and begin corrective action.

Whenever a permit is suspended, the holder of the permit or the camp operator shall be notified in writing by certified mail or by hand delivery. Upon service of notice that the permit is immediately suspended, the former permit holder shall be given an opportunity to request an informal hearing. If a permit holder wants to request an informal hearing, he must submit a request in writing to the director within 10 working days after he receives notice of the suspension. The written request shall be filed with the local health director by the former holder of the permit. If written request for an informal hearing is not filed within 10 working days, the suspension is sustained. Each holder of a suspended permit shall be afforded an opportunity for an informal hearing within three working days of receipt of a request for an informal hearing. The director may end the suspension at any time if the reasons for suspension no longer exist.

A. When the department has reason to believe that a violation of the Code of Virginia or any provision of this chapter has occurred or is occurring, the department shall notify the alleged violator. Such notice shall (i) be in writing, (ii) identify the specific statute or regulation allegedly violated, and (iii) state the facts which form the basis that the alleged violation has occurred or is occurring. This notification does not serve as an official finding, case decision, or adjudication, but the department may include a request for specific corrective actions.

B. The department may summarily suspend a permit to operate a migrant labor camp if continued operation constitutes a substantial and imminent threat to public health. An imminent public health threat may include a fire, flood, extended interruption of electrical or water service, sewage backup, misuse of poisonous or toxic materials, suspected outbreak, excessive dirt or filth that may contaminate people, water, or food, or other circumstances that may endanger public health.

1. Upon receipt of a notice that the permit is suspended, the permit holder shall cease migrant labor camp operations.

2. If a permit is suspended, the department shall provide written notification to the permit holder of the suspension and of the opportunity for an informal fact-finding conference pursuant to § 2.2-4019 of the Code of Virginia.

3. A request for an informal fact-finding conference shall be in writing and shall be filed with the local health department by the holder of a suspended permit. The department shall afford the holder of a suspended permit an opportunity for an informal conference within five business days of receipt of a request for the informal conference.

4. The department may end the suspension at any time if the reason for the suspension no longer exists.

C. The department may, after providing a notice of intent to revoke a permit, and after providing an opportunity for an informal conference in accordance with § 2.2-4019 of the Code of Virginia, revoke a permit for continuing violations of this chapter. Upon receipt of a notice that the permit is revoked, the permit holder shall cease migrant labor camp operations. The department shall revoke the permit if the permit holder fails to appear at or makes no effort to reschedule the informal fact-finding conference.

1. Upon revocation, the former permit holder shall be given an opportunity for an appeal of the revocation pursuant to the APA.

2. A person whose permit has been revoked may apply for a new permit by following the procedures outlined in 12VAC5-501-180.

D. A permit holder affected by a determination issued in connection with the enforcement of this chapter may challenge such determination pursuant to the APA.

Prior to revocation, the director shall notify in writing the holder of the permit, or the camp operator, of the specific reason or reasons for which the permit is to be revoked. The permit shall be revoked at the end of the 30 days following service of such notice unless a written request for an informal conference is filed with the director within 10 days after the permit holder received the notice of revocation. If no request for an informal conference is filed within the 10-day period, the revocation of the permit shall be final.

Any person whose permit has been revoked may apply for a new permit, after complying with these regulations, by following the procedures of these regulations.

The camp operator permit holder shall be responsible for ensuring that the a migrant labor camp is in compliance complies with these and any applicable occupational safety and health regulations this chapter throughout the permit period for which the permit is valid.

A. The local health director or his designated representative department shall make inspections of camps occupied by migrants inspect a migrant labor camp to determine compliance with this chapter . If a camp is found not to be in compliance, the local health department may move to suspend or revoke the permit. Migrant labor camps shall be inspected before permit issuance and as often as necessary during their occupancy to ensure compliance with the regulations. this chapter. The department may increase the frequency of inspections based upon its assessment of a camp operator’s compliance history and the potential for illness or physical injury.

B. After the department presents official credentials and provides notice of the purpose and intent to conduct an inspection, the camp operator shall allow the department access to the camp for inspection during the camp’s hours of operation and other reasonable times.

C. If the department conducts an inspection while migrant workers are actively housed within the camp, the camp operator shall accompany the department during the inspection.

D. Upon completion of an inspection, the department shall provide to the camp operator an inspection report that indicates whether the camp is in compliance with this chapter and that includes descriptions of observations and citations to alleged regulatory violations. The inspection report may establish time frames for compliance with this chapter and provide an opportunity for administrative process pursuant to the APA.

E. The camp operator shall correct the alleged regulatory violations included in the notice provided pursuant to subsection D of this section as soon as possible, and within the time frames established by the department.

The director or his designated representative who conducts an inspection of a camp shall provide the camp operator with a copy of a completed inspection report after an inspection has been conducted. The report shall indicate that the camp is either in compliance or shall specify which specific standards the director or his designated representative has reason to believe have been or are being violated. The inspection report shall further specify needed corrective action or abatement procedures and a date by which this action is requested to be completed or the problem abated.

The completed inspection report shall specify a reasonable period of time for the correction of the suspected violations found. Where a period of time for the correction is specified, the correction shall be accomplished within the period specified and in accordance with the following provisions:

1. Should a substantial and imminent health hazard be declared by the director, including, but not limited to, substantial fire damage, sewage backing into the living or food preparation and service areas, lack of refrigeration or lack of water, the operator shall immediately cease operations. Operations shall not be resumed until authorized by the director. Authorization shall not be granted until such violations are corrected.

2. All suspected violations identified by the department are to be corrected within a reasonable period of time or as soon as possible, but in any event, within the period of time specified. A follow-up inspection shall be conducted by the director or his designee to confirm the corrections.

The occupational safety and health (OSHA) standards Virginia Occupational Safety and Health (VOSH) Federal Identical General Industry Standards (16VAC25-90-1910) governing temporary labor camps pursuant to (29 CFR 1910.142) promulgated by the Virginia Safety and Health Codes Board shall apply to migrant labor camps, subject to the exceptions and regulations , and any applicable exemptions outlined in 12VAC5-501-300, shall apply to migrant labor camps and shall be enforced through this chapter.

A. Migrant housing facilities In accordance with 20 CFR 654.401 of the federal Employment and Training Administration, or "ETA", if a migrant labor camp was constructed or under construction prior to April 3, 1980, or where a contract for construction was signed prior to March 4, 1980, shall the camp operator may elect to be governed by either : (i) 20 CFR 654.401 et seq.; (ii) 12VAC5-501-250; or (iii) variances granted thereto. The choice of governing standards shall be left to the discretion of the individual camp operator. VOSH standards (16VAC25-90-1910) pursuant to 29 CFR 1910.142 or ETA standards (§ 654.400 et seq.). However, no camp constructed after April 3, 1980, or where a contract for construction was signed after March 4, 1980, including all camp structures and additions to existing structures, may be governed by ETA standards. The camp operator owner shall specify in his the permit application the standard by which he elects to the camp shall be governed.

B. Migrant housing facilities constructed or under construction on or after April 3, 1980, or where a contract for construction was signed on or after March 4, 1980, shall be governed by the requirements of 12VAC5-501-290 or variances granted thereto. To qualify for ETA standards, all migrant labor camp structures on a single application must meet the construction date requirements. Cosmetic remodeling, such as roof or window replacement, bathroom repair, painting, floor refinishing or repair, and fixture upgrades of pre-1980 structures will not be considered new construction and should be treated as existing housing.

The camp operator shall provide either a bulk container into which family trash containers may be emptied by the migrant families or provide for a regular trash and garbage collection service. Refuse from the individual garbage cans and the bulk containers shall be disposed of by the camp operator in a manner authorized by the Solid Waste Management Regulations (9VAC20-80) of the Virginia Waste Management Board.

A. All solid waste shall be stored in durable containers with functional lids and maintained in good repair.

B. The camp operator shall provide an adequate number and size of containers for the collection and disposal of solid waste to prevent overflow or other unsanitary conditions.

C. Solid waste shall be managed, transported and disposed of in accordance with the Solid Waste Management Regulations (9VAC20-81) and applicable local ordinances.

All migrant labor camps shall have an approved water supply.

A. The camp operator shall ensure that an adequate and continuous supply of safe, sanitary, potable water under pressure is provided. An approved water supply shall either be an approved private well in accordance with the Private Well Regulations (12VAC5-630), a permitted and approved Tier 4 rainwater harvesting system for potable water in accordance with the Rainwater Harvesting System Regulations (12VAC5-635), or a permitted waterworks in accordance with the Waterworks Regulations (12VAC5-590).

B. The approved water supply distribution system shall be designed and constructed in accordance with the applicable building code and maintained in good repair.

C. The source of a private well water supply, its storage, and distribution system shall be protected from surface drainage and other means of pollution.

D. The area surrounding a pump or hydrant used for a water supply shall be maintained in a properly drained and sanitary condition to prevent the accumulation of standing water or other unsanitary or nuisance conditions.

E. A migrant labor camp operator using a private well for potable water shall sample and test for total coliform in accordance with 12VAC5-630-431 and nitrate-nitrogen (NO3--N) within 12 months prior to permit issuance. Private well water shall be satisfactory for the total coliform standards identified in 12VAC5-630-431 and shall not have more than 10 mg/L nitrate-nitrogen (NO3-N). The camp operator shall make the water sample report available for review by the local health department before permit issuance and upon request.

F. A water sample shall be analyzed by a laboratory accredited by the Department of General Services Division of Consolidated Laboratory Services, or other laboratory approved by the department. All water samples shall be collected, preserved, and shipped per laboratory instruction.

G. The permit holder shall discontinue use of a public or private water supply if the water does not meet the requirements of this chapter.

1. When use of a water system is discontinued, the permit holder shall notify the department within 48 hours of when and why the water system is discontinued, the methods used to obtain and distribute potable water to occupants of the camp, and any other water system information requested by the department. If an alternate potable water supply cannot be provided to occupants of the camp, the permit holder shall close the camp until the water supply meets the provisions of this chapter.

2. Prior to restarting use of the water system, the permit holder shall provide documentation of a satisfactory water sample test to the department.

3. A water supply may be used for emergency use before receiving satisfactory testing results, even if public health and safety risks are unknown, as determined by the department. In these circumstances, a special water advisory shall be approved by the department and issued at the same time the water supply is used.

All migrant labor camps shall comply with the board's regulations governing the disposal of sewage (12VAC5-610), promulgated pursuant to §§ 32.1-163 through 32.1-166 of the Code of Virginia. A copy of these regulations may be obtained from the local health department.

A. A migrant labor camp shall have and maintain an approved method of collecting, conveying, and disposing of sewage and liquid waste. All sewage and liquid waste shall be conveyed to the point of discharge through an approved sanitary sewage system, other system in accordance with the Sewage Handling and Disposal Regulations (12VAC5-610), or other applicable Virginia sewage regulations.

B. Pursuant to the Sewage Handling and Disposal Regulations (12VAC5-610), it shall be unlawful to discharge sewage, sink wastewater, shower wastewater, greywater, or other organic wastes in such a manner as to enter the ground surface, subsurface, or a body of water, except following a treatment device or process approved prior to construction by the commissioner or in accordance with an approved permit for the activity.

Agricultural pesticides or toxic chemicals shall be stored in secure, partitioned areas that are separate from food and living quarters. Pesticide storage areas shall be at least 100 feet from existing wells or surface water unless barriers or environmental safeguards are present that will prevent contamination of groundwater or surface water from a discharge. The entry to the pesticide storage area shall be clearly marked indicating that pesticides or hazardous materials are stored within. When not in use, the pesticide storage area shall be locked to minimize the unauthorized entry into the storage area. Water and personal protective equipment, as required on the labels of the stored pesticides, shall be available for employee protection in the event of a discharge or other emergency.

A. The camp operator shall ensure that pesticides are handled, stored, and disposed of in accordance with the product label, the Virginia Pesticide Control Act (§ 3.2-3900 et seq.), and all related regulations promulgated. Toxic chemicals and other hazardous substances shall be handled, stored, and disposed of in accordance with the product label and shall not create a hazard to human health or the environment.

B. Agricultural use pesticides, toxic chemicals, and other hazardous substances, including manure, fertilizer, and fuel, shall be stored in secure, partitioned areas separate from food and living quarters. Storage area setback distances to private wells shall be in accordance with the Private Well Regulations (12VAC5-630), as applicable. Residential use pesticides or toxic chemicals shall be stored so they do not contaminate food, equipment, utensils, linens, or single-service and single-use articles.

C. Pesticide, toxic chemical, and other hazardous substance storage areas shall be clearly marked in the primary and secondary language of all housing occupants, indicating that hazardous substances are stored within. Personal protective equipment shall be provided as indicated on applicable chemical safety data sheets. Personal protective equipment and chemical safety data sheets shall be readily available for use by migrant workers and for review upon request by the department.

All newly A. A newly constructed migrant labor camps camp shall comply be constructed in accordance with the Virginia Uniform Statewide Building Code (13VAC5-63) and other local laws and applicable ordinances. A migrant labor camp consisting of vehicular trailers, tents, or other unconventional enclosures of living space as lodging may not be subject to the Virginia Uniform Statewide Building Code.

B. The camp operator shall maintain the buildings or structures used as part of the migrant labor camp in accordance with the Virginia Statewide Fire Prevention Code (13VAC5-52), as applicable.

A. The floors, walls and ceilings of all lodging units, hallways, bathrooms, storerooms, and all other spaces used or accessed by workers shall be easily cleanable and shall be kept clean and in good repair without holes. The requirements of this section shall not prevent the use of rugs or carpets so long as they are clean and in good repair.

B. A bed or cot in good repair shall be provided for each occupant. Beds may only be used for double occupancy for family accommodation.

C. Clean mattresses shall be provided and maintained in good repair.

D. Bed arrangements shall provide a minimum of 36 inches of clear space between each bed or cot. If double bunk beds are used, a minimum of 48 inches of clear space between bunks shall be provided. There shall be sufficient space between the floor and the underside of beds, cots, and bunks to facilitate cleaning.

E. When bunk beds are used, there shall not be less than 27 inches of separation between the top of the lower mattress and the bottom of the upper bed. The distance from the top of the upper mattress to the ceiling shall be a minimum of 36 inches. No triple-deck bunks may be used. Bunk beds shall provide a ladder or other method of ingress and egress to and from the top bunk. Bunk beds used by children shall be equipped with guardrails meeting the manufacturer’s requirements attached to the upper bunks to prevent occupants from rolling out of bed.

F. Smoke detectors and fire extinguishers shall be provided in all migrant labor camp structures and shall be functional and serviced as appropriate.

The camp operator shall keep the buildings, facilities, rooms, equipment, fixtures, furnishings, emergency exits, and the grounds of a migrant labor camp clean, in good repair, and maintained to protect the health, safety, and well-being of persons using those facilities.

A. The living quarters and service rooms or buildings shall be provided with operable heating equipment if during the period of occupancy the outdoor temperature falls below 68°F.

B. The living quarter and service room windows shall be provided with window shades or other methods of minimizing radiant heat such that the use of windows is not impeded, when during the period of occupancy, the outdoor temperature exceeds 80°F.

C. The rooms used for sleeping shall be provided with operable cooling equipment capable of maintaining a temperature of 85°F or less if during the period of occupancy, the outdoor heat index exceeds 90°F. The heat index may be determined referencing national resources, including the National Oceanic and Atmospheric Administration, the National Weather Service, and other national or local weather services.

D. The heating and cooling units and equipment shall be installed and used in accordance with manufacturer specifications.

A. If a permit holder prepares and serves food or contracts for the preparation and service of food at central dining areas, food service operations shall comply with and be permitted through the Food Regulations (12VAC5-421) unless otherwise exempt pursuant to § 35.1-25 of the Code of Virginia.

B. If food for migrant workers is not provided in accordance with subsection A and migrant workers prepare food for themselves, cooking and eating facilities shall at a minimum, be provided with:

1. Refrigeration capable of maintaining 41°F or below. The camp operator or occupants shall have access to a device capable of measuring the temperature of each refrigeration unit;

2. An operable stove or hot plate with a minimum of two burners per 10 people;

3. A sink with hot and cold running water;

4. Food storage and preparation areas;

5. An eating area, including tables and chairs or equivalent seating for the intended use; and

6. Lighting of at least 30 foot candles (215 lux) at a distance of 30 inches above the floor in cooking and eating areas.

C. Floors, walls, kitchen sinks and appurtenances, and food storage and preparation surfaces within the cooking and eating area shall be easily cleanable and maintained in good repair.

D. Cooking areas shall be ventilated in accordance with the applicable building code.

E. Functional and serviced fire extinguishers shall be provided in cooking areas and shall be readily accessible.

A. Fly, mosquito, and rodent breeding shall be controlled by eliminating breeding places. An infestation of rodents or flies, ticks, mosquitos, or other insects of public health concern, including bed bugs, shall be evidence that sufficient vector control measures have not been implemented and shall be considered a violation of this chapter. Pesticidal measures shall be applied, if necessary, provided the pesticide and its use is in accordance with the rules promulgated by the Board of Agriculture and Consumer Services.

B. The growth of weeds, grass, poison ivy, or other noxious plants shall be controlled as a safety measure and as a means toward the reduction of ticks and chiggers.

A. First aid supplies and equipment shall be located within the migrant labor camp in an area accessible by workers, including an OSHA-compliant first aid kit with or without medication.

B. The permit holder shall develop and maintain an emergency response plan. The emergency response plan shall be provided to camp occupants in the primary and secondary language of all housing occupants. The permit holder shall provide the emergency response plan to the department upon request. The plan shall include:

1. Identification of a point of contact during emergency incidents;

2. A written plan for communicating emergency response information to migrant workers; and

3. Provisions for worker safety, identification, and evacuation or relocation in the event of extended power outages, loss of potable water supply, failure of a sewage disposal system, natural disasters, fires, or other emergencies.

C. Contact telephone numbers for local police, fire response, and emergency medical services shall be posted in a central location accessible to migrant workers.

The migrant camp operator shall comply with the Regulations for Disease Reporting and Control (12VAC5-90), as applicable.