Chapter 3701-33 Agricultural Labor Camps

3701-33-01 Definitions.

As used in rules 3701-33-01 to 3701-33-20 of the Administrative Code:

(A) "Agricultural labor camp" or "camp" means one or more buildings, manufactured homes, mobile homes, or recreational vehicles, together with any tract of land appertaining thereto, established, operated, or used as temporary living quarters for two or more families or five or more persons intending to engage in or engaged in agriculture or related food processing, whether occupancy is by rent, lease, or mutual agreement. "Agricultural labor camp" does not include a hotel or motel, or a manufactured home park as defined and regulated pursuant to Chapter 4781. of the Revised Code.

(B) "Board of health" means the board of health of a city or general health district, or the authority having the duties of a board of health in any city as authorized by section 3709.05 of the Revised Code or an authorized representative of the board of health.

(C) "Building" means any structure located in an agricultural labor camp, whether or not it is used or intended for supporting or sheltering any use or occupancy.

(D) "Camp operator" means a person who is required by section 3733.43 of the Revised Code to obtain a license in order to maintain or operate an agricultural labor camp.

(E) "Director" means the director of the department of health of the state of Ohio or his/her authorized representative.

(F) "Dwelling" means any building or structure, including a structure that is further divided into housing units, and includes but is not limited to recreational vehicles and manufactured homes, that is wholly or partly used or intended to be used for living or sleeping by human occupants.

(G) "Family" means a group of people related by ancestry or marriage.

(H) "Gray water recycling system" has the meaning set forth in section 3718.01 of the Revised Code.

(I) "Habitable room" means a room or enclosed floor space used or intended to be used for living, sleeping, cooking, or eating . Habitable room does not include a bathroom, water closet compartment, laundry, pantry, foyer, hallway, closet, or storage space.

(J) "Health commissioner" means the person occupying the office created by sections 3709.11 and 3709.14 of the Revised Code or his authorized representative.

(K) "Health district" means a city or general health district as created by or under authority of Chapter 3709. of the Revised Code.

(L) "Household" means one or more persons, who may or may not be a family, who live in a single housing unit.

(M) "Housing unit" is a structure or a separate part of a structure that is used or intended for use as a home, residence, or sleeping place by one person or by two or more persons who maintain a common household.

(N) "Hygiene facility" means a building or room used, or intended to be used, for bathing, showering, or handwashing.

(O) "Licensee" means the person specified on the application for a license to operate or maintain an agricultural labor camp and to whom a currently valid license has been issued under section 3733.43 of the Revised Code.

(P) "Licensor" means the director of health.

(Q) "Person" means the state, any political subdivision, public or private corporation, partnership, association, trust, individual, or other entity.

(R) "Portable toilet" means a waterless toilet with a tank that typically contains a chemical to limit decomposition of non water-carried human excreta during storage prior to pumping.

(S) "Privy" means a self-contained waterless toilet used for the disposal of non water-carried human excreta that consists of a shelter built above an approved tank installed in the ground onto which human excreta is deposited.

(T) "Sewage" has the same meaning as set forth in section 3718.01 of the Revised Code.

(U) "Sewerage system" has the same meaning as set forth in section 6111.01 of the Revised Code.

(V) "Solid wastes" has the same meaning as set forth in section 3734.01 of the Revised Code.

(W) "Substantially alter" means to change the layout or the internal components of an agricultural labor camp, including but not limited to movement of utilities or changes in established roadways, housing units or other facilities.

(X) "Tract of land" means a contiguous area of land that consists of one or more parcels, lots, or sites that have been separately surveyed, regardless of whether the individual parcels, lots, or sites have been recorded and regardless of whether the one or more parcels or lots are under common or different ownership.

Effective: 1/1/2017
Five Year Review (FYR) Dates: 06/06/2016 and 01/01/2022
Promulgated Under: 119.03
Statutory Authority: 3733.42
Rule Amplifies: 3733.42, 3733.431, 3733.44, 3722.45, 3733.46, 3733.47, 3733.471, 3733.48
Prior Effective Dates: 6/1/1975, 4/2/85, 9/6/98

3701-33-02 Plan review.

(A) No person shall construct, substantially alter, expand or operate an agricultural labor camp until plans have been submitted to, and approved in writing by, the licensor. Each person proposing to open a new camp shall submit, with the application for a license, the plans and supporting documents required by paragraph (C) of this rule.

(B) All plans shall be neat, legible, drawn to scale, signed and sealed by a professional engineer or an architect, registered in Ohio, and submitted electronically or in triplicate to the director of health. In lieu of professional engineer or registered architect stamped plans, plans that have been submitted for review and inspection by the state building department or local building department on forms prescribed by the board of building standards may be submitted to the licensor. However, the building department has no enforcement authority.

(C) Plans, for an agricultural labor camp, that are submitted to the licensor for review shall include the following:

(1) Completed application for plan review on a form prescribed by the director and signed by the person submitting the plans. The form shall contain identifying information about the camp operator, the location of the camp, the person who prepared the plans, and the contractor for the project;

(2) Written verification by the fire protection authority or authorities that have jurisdiction in the area that adequate fire protection can be provided to the camp;

(3) Written verification by the municipal corporation or board of county commissioners for unincorporated areas that the proposed new camp construction or substantial alteration to an existing camp will be made in accordance with municipal or county flood plain ordinances or resolutions and local flood plain permit requirements;

(4) Written verification that the sewerage disposal system has been approved by the Ohio environmental protection agency or the local health department;

(5) Written verification that the water supply system has been approved by the Ohio environmental protection agency;

(6) Drawings and specifications shall include:

(a) A plot plan showing the location of the camp with respect to major roads and the surrounding area;

(b) Total area to be used as an agricultural labor camp;

(c) Entrance and exit roads and driveways;

(d) General layout of the camp showing location of the following:

(i) Housing;

(ii) Common buildings;

(iii) Hygiene and toilet facilities;

(iv) Recreational area;

(v) Solid waste storage;

(vi) Laundry facilities;

(vii) Area lighting;

(viii) Water supply; and

(ix) Sewerage disposal system;

(e) Housing details as follows:

(i) Size and construction data;

(ii) Heating system specifications, if applicable;

(iii) Lighting and electrical outlet placement;

(iv) Ventilation;

(v) Food storage, cooking and eating facilities; and

(vi) Bed location;

(f) Design details of the following:

(i) Toilet facilities;

(ii) Hygiene facilities;

(iii) Handwashing facilities;

(iv) Laundry facilities;

(v) Common buildings;

(vi) Number and type of plumbing fixtures; and

(vii) Water heating system;

(7) Any other documentation necessary to complete the plan review requested by the licensor.

(D) The licensor shall, within thirty days of receiving a complete set of plans for review, either approve or disapprove the plans, or in the case of incomplete plans, request additional information. If the licensor requests additional information, the licensor shall approve or disapprove the plans within thirty days after receiving the additional requested information.

Replaces: 3701-33-03

Effective: 1/1/2017
Five Year Review (FYR) Dates: 01/01/2022
Promulgated Under: 119.03
Statutory Authority: 3733.42
Rule Amplifies: 3733.42
Prior Effective Dates: 6/1/1975, 4/2/85

3701-33-02.1 [Rescinded] Inspections.

Effective: 1/1/2017
Five Year Review (FYR) Dates: 06/06/2016
Promulgated Under: 119.03
Statutory Authority: 3733.42
Rule Amplifies: 3733.45
Prior Effective Dates: 4/2/1985, 11/29/03

3701-33-03 Licensure: fees.

(A) Every person who intends to operate an agricultural labor camp shall submit an application to the licensor no later than the close of business on the fourteenth day of April each year, for a license to operate such camp, effective for the calendar year in which it is issued. The license fees specified in paragraph (C) of this rule shall be submitted with the application for the license. The application shall include the following information:

(1) The name and address of the camp owner and operator;

(2) The address of the camp;

(3) The location of the existing or proposed camp;

(4) Whether the camp was operated during the year preceding the year of application;

(5) Whether the camp is an existing or a new camp. For license purposes, an existing camp is considered new if it has not been licensed for two consecutive years;

(6) Whether the camp contains new or substantially altered facilities;

(7) Whether plans are enclosed;

(8) The expected date of occupancy;

(9) The number of housing units;

(10) Number of expected occupants;

(11) A diagram of the camp, including a floor plan for each housing unit;

(12) Any other pertinent information the licensor may require.

(B) Applications postmarked or received after April fourteenth shall be assessed a penalty as authorized by section 3733.43 of the Revised Code. If the fourteenth of April is not a business day, the penalty attaches upon the close of business on the next business day.

(C) The licensor of an agricultural labor camp shall charge an annual fee in accordance with section 3733.43 of the Revised Code to be used to enforce sections 3733.41 to 3733.49 of the Revised Code. Fees charged by the licensor shall be in accordance with the following:

(1) Applications received on or before April fourteenth, the license fee shall be one hundred fifty dollars, plus twenty dollars for each housing unit in the camp;

or

(2) Applications received after April fourteenth, the license fee shall be one hundred sixty-six dollars, plus forty two dollars and fifty cents for each housing unit in the camp.

(D) Upon the issuance of an agricultural labor camp license the licensor shall provide at least two copies of the poster relating to the migrant agricultural ombudsperson, as required by section 3733.45 of the Revised Code to the licensee. The license, printed in english and the native language of the camp occupants, and at least one copy of the ombudsperson poster shall be posted in a conspicuous place within the camp.

(E) No person shall operate or maintain an agricultural labor camp without a license or in violation of the provisions of rules 3701-33-01 to 3701-33-12 of the Administrative Code and sections 3733.41 to 3733.49 of the Revised Code. No license shall be issued if any violations of this chapter exist concerning sanitation, drainage or habitability of housing units.

Replaces: 3701-33-02

Effective: 1/1/2017
Five Year Review (FYR) Dates: 01/01/2022
Promulgated Under: 119.03
Statutory Authority: 3733.42
Rule Amplifies: 3733.43
Prior Effective Dates: 6/1/1975, 4/2/85, 9/6/98, 11/29/03

3701-33-04 Inspections.

(A) The licensor shall inspect all agricultural labor camps and shall require compliance with sections 3733.41 to 3733.49 of the Revised Code and with this chapter prior to the issuance of a license. Each applicant shall request the pre-license inspection required by section 3733.45 of the Revised Code and this paragraph at least thirty days prior to planned occupancy. The licensor shall conduct the pre-licensure inspection within ten business days of the request.

(B) In addition to the inspection required by paragraph (A) of this rule, the licensor shall conduct any other inspections that are considered necessary to adequately enforce sections 3733.41 to 3733.49 of the Revised Code and this chapter.

(C) The licensor may, upon proper identification to the operator or his agent, enter on any agricultural labor camp or into any structure at any reasonable time for the purpose of conducting inspections required by section 3733.45 of the Revised Code.

Replaces: 3701-33- 02.1

Effective: 1/1/2017
Five Year Review (FYR) Dates: 01/01/2022
Promulgated Under: 119.03
Statutory Authority: 3733.42
Rule Amplifies: 3733.45
Prior Effective Dates: 4/2/1985, 11/29/03

3701-33-05 Water supply; sewage disposal.

(A) To comply with minimum standards of habitability:

(1) The water supply for the camp shall be from a public water system which meets the requirements of Chapter 6109. of the Revised Code and the rules adopted thereunder.

(2) Within five years of the effective date of this rule, a sufficient supply of water under pressure shall be provided to all housing units in existing camps. Newly constructed or substantially altered camps, or housing units installed in existing camps after the effective date of this rule, shall be supplied with water under pressure.

(3) Sewage and gray water shall be properly disposed of into a sanitary sewerage system approved by the Ohio environmental protection agency or the local health department, depending on which agency has jurisdiction.

(4) Sewage disposal systems shall be maintained so as not to create a nuisance, health hazard or pollute any waters of the state.

(5) When privies are used they shall be properly vented and maintained.

(6) The operator shall provide the licensor with proof of a properly executed contract specifying that each portable chemical toilet holding tank or privy vault will be pumped and cleaned at least once a week or more often, if necessary. The contents shall be disposed of in a manner and place approved by the Ohio environmental protection agency.

(B) To comply with voluntary standards of habitability, water shall be supplied to all housing units, prior to the requirement in paragraph (A)(2) of this rule, for drinking, dish washing, cooking, handwashing, bathing and toilet facilities. Hot water for dish washing and bathing purposes shall be provided.

Replaces: 3701-33-05, 3701-33-06

Effective: 1/1/2017
Five Year Review (FYR) Dates: 01/01/2022
Promulgated Under: 119.03
Statutory Authority: 3733.42
Rule Amplifies: 3733.42
Prior Effective Dates: 6/1/1975, 4/2/85

3701-33-06 Housing site and units.

(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.

(B) To comply with voluntary standards of habitability:

(1) Housing that is constructed or substantially altered after the effective date of this rule shall be at least five hundred feet from any area that would create offensive odors and at least fifty feet from a public roadway.

(2) There shall be at least fifteen feet between each dwelling, and between dwellings and other buildings.

(3) The operator shall set aside or provide suitable recreational space consisting of not less than eight per cent of the total camp area or two thousand five hundred square feet, whichever is greater.

(4) Roads, parking areas and walkways within the camp shall be of flexible or rigid pavement.

(5) Housing units that are used for sleeping purposes only, there shall not be less than sixty square feet of floor space for each occupant whether single beds or bunk beds are used.

(6) For housing units with combined cooking, eating and sleeping purposes there shall not be less than one hundred ten square feet of floor space per occupant.

(7) When occupants are permitted to cook in their housing units the following shall be provided:

(a) A stove with a minimum of four burners;

(b) Food storage shelves with a minimum of twelve square feet of surface area and a counter for food preparation with a minimum of five square feet of surface area; and

(c) A kitchen sink with hot and cold running water.

(8) Manufactured or mobile homes as defined in section 4501.01 of the Revised Code shall meet the installation requirements of the Ohio manufactured homes commission and Chapter 4781. of the Revised Code.

Replaces: 3701-33-04, 3701-33-07, 3701-33-08, 3701-33-13, 3701-33-16

Effective: 1/1/2017
Five Year Review (FYR) Dates: 01/01/2022
Promulgated Under: 119.03
Statutory Authority: 3733.42
Rule Amplifies: 3733.42, 3733.43, 3733.431, 3733.44, 3733.45, 3733.46, 3733.47, 3733.471, 3733.48
Prior Effective Dates: 6/1/1975, 4/2/85, 9/6/98

3701-33-07 Toilet and hygiene facilities.

(A) To comply with minimum standards of habitability:

(1) Toilet facilities shall be constructed, located, and maintained in a sanitary condition so as to prevent any nuisance or public health hazard. No toilet, chemical toilet or urinal shall be located in a room used for other than toilet and hygiene purposes. Toilet facilities shall be located within two hundred feet of each dwelling. Privies and portable chemical toilets, approved by the licensor, shall not be located closer than fifty feet to any dwelling or facility where food is prepared or served and shall be located at least one hundred feet from any water supply.

(2) Except in individual family housing units, separate toilet accommodations for men and women shall be provided. If toilet facilities for men and women are in the same building, they shall be separated by a solid wall from floor to roof or ceiling or a solid wall extending to a minimum height of at least eight feet. Toilets shall be distinctly marked for "men" and for "women" by signs printed in both English and the native language of the persons occupying the camp or marked with easily understood pictures or symbols.

(3) Toilet facilities for each sex shall be provided with not less than one seat for each fifteen occupants, and a minimum of one toilet for each sex in common use facilities.

(4) In facilities where there are multiple toilets located in th same room, a curtain or other partition shall be provided around each toilet for privacy. The partition shall be at least fifty-four inches high and not more than twelve inches off the floor.

(5) Urinals constructed of impervious materials may be substituted for men's toilets on the basis of one urinal, or twenty-four inches of trough-type urinal, for one toilet up to a maximum of one-third of the required toilets. In toilet facilities, constructed or substantially altered after April 2, 1985, urinals shall be provided on the basis of one for each twenty-five male camp occupants. The flooring under the urinal shall be constructed of impervious materials and extend at least fifteen inches from the outward edge of the urinal to the wall.

(6) Toilet facilities shall be provided with the following:

(a) Lighting at all hours of the day provided by an artificial light source located within the facility, or a combination of artificial light and natural light;

(b) Ventilation provided by natural or mechanical means;

(7) In addition to the requirements of paragraph (A)(6) of this rule, common use toilet facilities shall be provided with the following:

(a) An adequate and accessible supply of toilet tissue with holders;

(b) Self-closing doors for all entrances/exits, and sixteen-mesh screening for all outside openings that provide ventilation;

(c) Handwashing facilities equipped with soap and single-use hand towels or mechanical hand dryers.

(8) All toilet facilities shall be located so that no individual is required to pass through a sleeping room, other than his or her own, in order to use the toilet facilities.

(9) Hygiene facilities shall be provided, for use of all occupants, with the following:

(a) Supply of hot and cold running water;

(b) Showerheads in a ratio of one for each fifteen occupants;

(c) Showerheads spaced at least three feet apart, with a minimum of nine square feet of floor space for each. Commercial shower stalls measuring thirty-two by thirty-two inches are acceptable;

(d) Shower floors constructed of nonskid, impervious materials and sloped to properly constructed floor drains;

(e) All walls and partitions covered to the height of splash with a smooth and impervious material. All junctions of the walls or partitions with the floor shall be coved;

(f) Handwash sinks in a ratio of one for each fifteen occupants;

(g) In addition to to the requirements (A)(9)(a) to (A)(9)(f) of this rule, all common use facilities shall be provided with the following:

(i) Separate shower facilities for each sex. When shower facilities for both sexes are in the same building they shall be separated by a solid wall extending from the floor to the ceiling or roof, or a solid wall extending to a minimum height of at least eight feet;

(ii) Signs, distinctly identifying the facilities for "men" and "women", printed in both English and the native language of the persons occupying the camp or with easily understood pictures or symbols;

(iii) Adequate dry dressing space;

(iv) A minimum of one showerhead and one handwash sink for each sex.

(h) In addition to paragraphs (A)(9)(a), (A)(9)(c), (A)(9)(d), (A)(9)(e), and (A)(9)(g)(i) to (A)(9)(g)(iii), camps established or substantially altered after April 2, 1985, shall be provided with the following:

(i) Showerheads in the ratio of one for ten occupants and a minimum of one for each sex in common use facilities;

(ii) One handwash sink for each housing unit or for each six occupants with and a minimum of one for each sex in a common use facility.

(10) Hygiene facilities shall be maintained in a clean and sanitary condition and located in a building within two hundred feet of each housing unit.

(B) To comply with the voluntary standards of habitability:

(1) There shall be one handwash sink and one shower with a supply of hot and cold water under pressure in each individual housing unit;

(2) There shall be one showerhead for each ten occupants and one handwash sink for each six occupants, with a minimum of one shower and one lavatory for each sex in common use facilities. The showers and handwash sinks shall have a supply of hot and cold water under pressure;

(3) All toilet facilities shall be water flush;

(4) Where multiple toilets are provided there shall be rigid partitions between each toilet to provide reasonable privacy. The partitions shall be at least fifty-four inches high and be no more than twelve inches off of the floor.

Replaces: 3701-33-11, 3701-33-12

Effective: 1/1/2017
Five Year Review (FYR) Dates: 01/01/2022
Promulgated Under: 119.03
Statutory Authority: 3733.42
Rule Amplifies: 3733.42, 3733.43, 3733.431, 3733.44, 3733.45, 3733.46, 3733.47, 3733.471, 3733.48
Prior Effective Dates: 6/1/1975, 4/2/85, 9/6/98

3701-33-08 Laundry facilities.

(A) To comply with minimum standards of habitability:

(1) Laundry facilities for the use of all occupants shall be provided with the following:

(a) A supply of hot and cold running water;

(b) A roof over the laundry area;

(c) Floors constructed of impervious materials and sloped to a floor drain;

(d) Laundry tubs in the ratio of one per twenty-five occupants. Mechanical washers may be provided in lieu of laundry tubs, in the ratio of one per fifty occupants. Although, a minimum of one laundry tub shall be provided in addition to the mechanical washers; and

(e) Facilities for drying clothes.

(2) In camps constructed or substantially altered after April 2, 1985, laundry facilities shall be located in a building with a floor that is constructed of impervious materials and sloped to a floor drain.

(B) To comply with the voluntary standards of habitability:

(1) Mechanical washers shall be provided in the ratio of one per twenty five occupants; and

(2) Laundry facilities shall be located in a building with a floor that is constructed of impervious materials and is sloped to a floor drain.

Replaces: 3701-33-12

Effective: 1/1/2017
Five Year Review (FYR) Dates: 01/01/2022
Promulgated Under: 119.03
Statutory Authority: 3733.42
Rule Amplifies: 3733.42, 3733.43, 3733.431, 3733.44, 3733.45, 3733.46, 3733.47, 3733.471, 3733.48
Prior Effective Dates: 6/1/1975, 4/2/85, 9/6/98

3701-33-09 Heating.

(A) All housing units and service rooms that are occupied before June first or after August thirty-first shall be provided with properly installed heating equipment capable of maintaining a temperature of at least seventy degrees Fahrenheit.

(B) Only portable electric heaters equipped with automatic shut-off switches may be substituted but must be physically present either in the housing units or in a storage building on the camp premises that is accessible to the camp occupants at all times.

(C) Any source of heat utilizing combustible fuel, shall be installed and vented directly to the outside atmosphere in such a manner as to prevent fire hazards, reentrainment of exhaust, and a dangerous concentration of gases. If a stove burning a solid or liquid fuel is used in a room with wooden or other combustible flooring, there shall be a concrete slab, insulated metal sheet, or other fire resistant material on the floor under each such stove extending at least eighteen inches beyond the perimeter of the base of the stove or according to manufacturer's specifications.

(D) Distances shorter than those required by this paragraph may be used if specified by the manufacturer of the heating equipment. The minimum distances between combustible materials, including walls and ceilings, and heating devices shall be as follows:

(1) Thirty-six inches for radiant type heating devices burning a solid or liquid fuel;

(2) Eighteen inches for circulating type heating devices burning a solid or liquid fuel;

(3) Six inches from the rear and sides of a circulating type gas space heating device.

(E) The minimum distance from a stovepipe or exhaust vent serving a heating device burning a solid, liquid, or gas to any wall or ceiling is eighteen inches unless fire resistant material is applied to these surfaces or a lesser distance is specified by the manufacturer. A vented, fire resistant collar shall be installed around a stovepipe or exhaust vent passing through a wall, ceiling, floor, or roof unless otherwise specified by the manufacturer.

(F) When a heating system has automatic controls, the controls shall be of a type which cut off the fuel supply upon the failure or interruption of the flame or ignition, or whenever a predetermined safe temperature or pressure is exceeded.

(G) Fuel lines and fuel storage tanks used to supply heating equipment shall be secured and maintained in a safe condition.

Effective: 1/1/2017
Five Year Review (FYR) Dates: 06/06/2016 and 01/01/2022
Promulgated Under: 119.03
Statutory Authority: 3733.42
Rule Amplifies: 3733.42
Prior Effective Dates: 6/1/1975, 4/2/85

3701-33-10 Electricity and lighting.

(A) To comply with minimum standards of habitability:

(1) All housing units shall be provided with electric service.

(2) All common use rooms and areas including, but not limited to, laundry rooms, toilets, privies, hallways, and stairways, in existence in the camp on April 2, 1985, shall contain a ceiling or wall-type light fixture that will adequately light the area. At least two separate wall-type electrical outlets, or one such electrical outlet and one supplied ceiling-type electric light fixture, shall be provided in each habitable room in existence in the camp on April 2, 1985.

(3) All habitable rooms created or substantially altered in the camp after April 2, 1985, shall be provided with a wall-type electrical outlet so that no point along the floor line in any wall space is more than six feet, measured horizontally, from an outlet in that space, including any wall space two or more feet in width. Each wall space two or more feet wide shall be treated separately from other wall spaces in the room for purposes of this paragraph. Each habitable room shall contain at least one ceiling or wall-type light fixture.

(4) A minimum of three-tenths-foot candle of artificial lighting shall be provided for the yard area and pathways to common use facilities.

(5) All wiring and lighting fixtures shall be installed and maintained in a safe condition. It shall be the responsibility of the agricultural labor camp operator to provide written verification from a licensed contractor that any newly installed or repaired electrical work is safe.

(6) All electrical systems created as a result of new construction or substantially altering a camp after April 2, 1985 shall be installed and maintained in accordance with the "national electrical code" or local electrical codes for one, two, or three family dwelling units.

(B) To comply with voluntary standards of habitability:

All existing electrical systems in the camp on April 2, 1985, shall be maintained in accordance with the "national electrical code" or local codes. The agricultural labor camp operator shall present acceptable evidence that the existing electrical system is in compliance with applicable provisions of the "national electrical code" or local codes for one, two, or three family dwelling units.

Effective: 1/1/2017
Five Year Review (FYR) Dates: 06/06/2016 and 01/01/2022
Promulgated Under: 119.03
Statutory Authority: 3733.42
Rule Amplifies: 3733.42
Prior Effective Dates: 4/2/1985, 9/6/98

3701-33-11 Solid waste.

(A) Individual solid waste containers shall be provided for each housing unit. These containers shall have a minimum capacity of thirty-two gallons and shall be durable, rust resistant, impervious to moisture, watertight, easily cleanable and covered with a tight fitting lid to prevent the entrance of rats and other pests.

(B) Bulk-type solid waste containers, which may be substituted for individual solid waste containers, shall be located within one hundred feet of any dwelling and emptied at least weekly.

(C) Bulk items or construction and demolition materials shall be disposed of in accordance with section 3734.05 of the Revised Code and the rules adopted thereunder.

Replaces: 3701-33-14

Effective: 1/1/2017
Five Year Review (FYR) Dates: 01/01/2022
Promulgated Under: 119.03
Statutory Authority: 3733.42
Rule Amplifies: 3733.42
Prior Effective Dates: 6/1/1975, 4/2/85

3701-33-12 Pest control.

(A) All buildings and storage areas shall be constructed and maintained in such a manner as to minimize the entrance of insects, rodents or other pests. This shall include, but not be limited to, screening or closure of all openings to permanent buildings, elimination of harborages, or use of chemical control by trained personnel.

(B) Pest control measures shall be employed by the operator whenever an insect, rodent or other pest nuisance exists.

Replaces: 3701-33-15

Effective: 1/1/2017
Five Year Review (FYR) Dates: 01/01/2022
Promulgated Under: 119.03
Statutory Authority: 3733.42
Rule Amplifies: 3733.42
Prior Effective Dates: 6/1/1975, 4/2/85

3701-33-13 Fire, safety, and first aid.

(A) To comply with minimum standards of habitability:

(1) In housing units for use by less than ten occupants of one-story construction, two means of escape remotely separated from each other shall be provided. One of the two required means of escape may be a readily accessible and unobstructed window so constructed that it can be opened to a space of not less than twenty-four inches by twenty-four inches. If the second means of escape is screened, the screen shall open readily. In housing units in existence in the camp on April 2, 1985, a small door or panel that may be readily pushed or kicked open outward may be substituted for an openable window if it is readily accessible and unobstructed and so constructed that it can be opened to a space of not less than twenty-four inches by twenty-four inches. This small door or panel shall be clearly marked "Fire Exit" in both English and the native language of the camp occupants or easily understood pictures or symbols.

(2) All sleeping quarters intended for use by ten or more occupants, central dining facilities, and common assembly rooms shall have at least two doors remotely separated so as to provide alternate means of escape to the outside or to an interior hall that leads directly to an approved exit.

(3) Sleeping quarters and common assembly rooms on the second story shall have an interior stairway and a permanent, affixed exterior ladder or a second interior or exterior stairway. These two means of egress shall be remotely separated from each other.

(4) Sleeping and common assembly rooms located above the second story shall not be used if they are disapproved by a state or local fire or building department having jurisdiction.

(5) Each housing unit shall be equipped with at least one ceiling-mounted or wall-mounted smoke alarm that shall be maintained in working condition at the time of occupancy. The smoke alarm shall be repaired or replaced as needed.

(6) A dry chemical, multi-purpose 4A 60 BC or equivalent pressure type fire extinguisher in good working order shall be provided and located not more than seventy-five feet from each dwelling. The operator may provide individual dry chemical, multi-purpose 2A 10 BC or equivalent pressure type fire extinguishers in good working order in each housing unit to comply with this rule. All fire extinguishers shall be equipped with written instructions or pictures for appropriate operation.

(7) A first-aid kit shall be provided and readily accessible for use at all times. The first aid kit shall consist of unused disposable gloves and a sufficient supply of materials to stop bleeding, and to clean and cover minor cuts and abrasions.

(8) The camp operator shall post the current agricultural labor camp license and the current migrant agricultural ombudsman poster in a conspicuous place. A sign shall also be posted, in English and the native language of the camp occupants, listing the telephone numbers for emergency services, including but not limited to police, sheriff, fire or rescue unit, and address of the camp.

(9) No flammable or volatile liquids or materials shall be stored in or adjacent to a habitable room, except for those needed for current household use.

(10) Agricultural pesticides and toxic chemicals shall not be stored or mixed in the camp.

(11) The camp operator shall immediately report to the health commissioner of the health district in which the camp is located, any communicable disease or suspected foodborne disease outbreaks.

(B) To comply with voluntary standards of habitability:

(1) An operable phone for emergency calls, shall be located in the camp for the occupants use.

(2) In housing units where combustible fuel is used to heat or cook, a carbon monoxide alarm shall be installed and maintained in working condition. The carbon monoxide alarm shall be repaired or replaced as needed.

(3) Each housing unit shall be equipped with smoke alarms in each sleeping room.

All smoke alarms shall be interconnected and hard-wired to the housing unit's electrical current.

Replaces: 3701-33-17

Effective: 1/1/2017
Five Year Review (FYR) Dates: 01/01/2022
Promulgated Under: 119.03
Statutory Authority: 3733.42
Rule Amplifies: 3733.42, 3733.43, 3733.431, 3733.44, 3733.45, 3733.46, 3733.47, 3733.471, 3733.48
Prior Effective Dates: 6/1/1975, 4/2/85, 9/6/98

3701-33-14 [Rescinded] Garbage and other refuse.

Effective: 1/1/2017
Five Year Review (FYR) Dates: 06/06/2016
Promulgated Under: 119.03
Statutory Authority: 3733.42
Rule Amplifies: 3733.42
Prior Effective Dates: 6/1/1975, 4/2/85

3701-33-15 [Rescinded] Insect and rodent control.

Effective: 1/1/2017
Five Year Review (FYR) Dates: 06/06/2016
Promulgated Under: 119.03
Statutory Authority: 3733.42
Rule Amplifies: 3733.42
Prior Effective Dates: 6/1/1975, 4/2/85

3701-33-16 [Rescinded] Sleeping facilities.

Effective: 1/1/2017
Five Year Review (FYR) Dates: 06/06/2016
Promulgated Under: 119.03
Statutory Authority: 3733.42
Rule Amplifies: 3733.42
Prior Effective Dates: 6/1/1975, 4/2/85

3701-33-17 [Rescinded] Fire, safety, and first aid.

Effective: 1/1/2017
Five Year Review (FYR) Dates: 06/06/2016
Promulgated Under: 119.03
Statutory Authority: 3733.42
Rule Amplifies: 3733.42, 3733.43, 3733.431, 3733.44, 3733.45, 3733.46, 3733.47, 3733.471, 3733, 48
Prior Effective Dates: 6/1/1975, 4/2/85, 9/6/98

3701-33-18 [Rescinded] Camp operator's responsibilities.

Effective: 1/1/2017
Five Year Review (FYR) Dates: 06/06/2016
Promulgated Under: 119.03
Statutory Authority: 3733.42
Rule Amplifies: 3733.42
Prior Effective Dates: 6/1/1975, 4/2/85

3701-33-19 [Rescinded] Camp occupant's responsibilities.

Effective: 1/1/2017
Five Year Review (FYR) Dates: 06/06/2016
Promulgated Under: 119.03
Statutory Authority: 3733.42
Rule Amplifies: 3733.42
Prior Effective Dates: 6/1/1975, 4/2/85

3701-33-20 [Rescinded] Voluntary standard priorities.

Effective: 1/1/2017
Five Year Review (FYR) Dates: 06/06/2016
Promulgated Under: 119.03
Statutory Authority: 3733.42
Rule Amplifies: 3733.42
Prior Effective Dates: 9/20/1985