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, trailers, tents or vehicles, together with any 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 trailer park as defined and regulated pursuant to sections 3733.01 to 3733.08 of the Revised Code, and rules adopted thereunder.

(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 that is wholly or partly used or intended to be used for living or sleeping by human occupants.

(G) "Environmental protection agency" means the environmental protection agency of the state of Ohio.

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

(I) "Habitable room" means a room or enclosed floor space used or intended to be used for living, sleeping, cooking, or eating purposes, excluding bathrooms, water closet compartments, laundries, pantries, foyers, communicating corridors, closets, and 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) "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.

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

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

(Q) "Sewage" means any liquid waste containing animal or vegetable matter in suspension or solution and may include liquids containing chemicals in solution from water closets, urinals, lavatories, bathtubs, laundry tubs or devices, floor drains, drinking fountains, and other sanitary fixtures.

(R) "Solid wastes" means such unwanted residual solid or semi-solid material as results from commercial, and community operations and includes garbage, street dirt, debris, combustible and noncombustible material.

R.C. 119.032 review dates: 08/01/2008 and 08/01/2013

Promulgated Under: 119.03

Statutory Authority: 3733.42

Rule Amplifies: 3733.42 , 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

3701-33-02 Licensure of agricultural labor camps; fees.

(A) Except as otherwise provided in this paragraph, prior to the fifteenth day of April in each year, every person who intends to operate an agricultural labor camp shall make application to the licensor for a license to operate such camp, effective for the calendar year in which it is issued. The license fees specified in paragraph (D) of this rule shall be submitted to the licensor with the application for the license. Each person proposing to open a new camp or extensively alter an existing camp shall submit with the application for a license the plans required by rule 3701-33-03 of the Administrative Code. 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 the 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. A camp is a new camp for licensure purposes if it has not been licensed for two consecutive years;

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

(7) Whether plans are enclosed;

(8) The expected date of occupancy;

(9) The number of housing units;

(10) A diagram of the camp, including dimensions and identifying numbers for each housing unit if the camp has changed since submittal of last acceptable diagram; and

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

(B) The licensor may accept an application for an agricultural labor camp license on or after the fifteenth day of April if it is accompanied by the fee required in paragraph (D) of this rule and if the applicant has not been denied a license to operate an agricultural labor camp in the previous year of operation.

(C) 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 3701-33-20 of the Administrative Code and sections 3733.41 to 3733.49 of the Revised Code. No license shall be issued unless results of water tests indicate that the camp's water supply complies with the requirements of rule 3701-33-05 of the Administrative Code, nor shall a license be issued if any violations of this chapter exist concerning sanitation, drainage or habitability of housing units.

(D) The annual license fee is twenty dollars, unless the application for a license is made on or after the fifteenth day of April, in which case the license fee is forty dollars. An additional fee of three dollars per housing unit per year shall be assessed to defray the costs of enforcing sections 3733.41 to 3733.49 of the Revised Code and this chapter, unless the application for a license is made on or after the fifteenth day of April, in which case an additional fee of six dollars per housing unit shall be assessed.

(E) 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 ombudsman, as required by section 3733.45 of the Revised Code, to the licensee. At least one copy of the poster shall be posted in a conspicuous place within the camp.

R.C. 119.032 review dates: 08/01/2008 and 08/01/2013

Promulgated Under: 119.03

Statutory Authority: 3733.42

Rule Amplifies: 3733.43

Prior Effective Dates: 6/1/1975, 4/2/85, 9/6/98

3701-33-02.1 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 by this paragraph at least thirty days prior to planned occupancy. The licensor shall made 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 inspect each camp at least twice during occupancy, at least one of which shall be an unannounced evening inspection conducted after five p.m. The licensor shall make any other inspections that he considers necessary to adequately enforce sections 3733.41 to 3733.49 of the Revised Code and this chapter.

(C) Upon receipt of a complaint from the migrant agricultural ombudsman, upon receipt of a complaint transmitted through the attorney general's office, or upon the basis of the licensor's own information that an agricultural labor camp is operating without a license, the licensor shall inspect the camp. If the camp is operating without a license, the licensor shall require the camp to comply with sections 3733.41 to 3733.49 of the Revised Code and this chapter.

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

R.C. 119.032 review dates: 08/01/2008 and 08/01/2013

Promulgated Under: 119.03

Statutory Authority: 3733.42

Rule Amplifies: 3733.45

Prior Effective Dates: 4/2/1985, 11/29/03

3701-33-03 Approval of plans.

(A) No person shall construct, extensively alter, or equip an agricultural labor camp until plans have been submitted in triplicate to and approved in writing by the licensor.

(B) The plans and specifications shall clearly show and describe the:

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

(2) General layout of the camp showing location of housing, toilet facilities, recreational area, solid waste storage and disposal, water supply, bathing and laundry facilities, and lighting;

(3) Entrance and exit roadways and driveways;

(4) Method and plan for drainage of surface and storm water;

(5) Housing, including size and construction data, heating, lighting, ventilation, cooking and eating facilities, storage facilities, and beds and bedding;

(6) Design of the public service building, toilet facilities, bathing facilities, handwashing facilities, laundry facilities, and hot water heating system;

(7) Number and types of plumbing fixtures;

(8) Water supply location and development;

(9) Method of sewage disposal, including privies and liquid waste;

(10) Method of storage, collection, and disposal of solid waste;

(11) Name and address of the camp operator;

(12) Location of the camp.

(C) Plans shall be drawn to scale and shall be neat and legible.

R.C. 119.032 review dates: 08/01/2008 and 08/01/2013

Promulgated Under: 119.03

Statutory Authority: 3733.42

Rule Amplifies: 3733.42

Prior Effective Dates: 6/1/1975, 4/2/85

3701-33-04 Housing site.

(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, pools, or other surface collections of water that are located on the operator's property unless the operator utilizes mosquito control measures approved by the licensor. 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 in existence in the camp on April 2, 1985 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, traffic or similar hazards.

(3) A minimum distance of ten feet is required between dwellings, and between dwellings and other buildings.

(4) Grounds within the housing site shall be free from debris, noxious plants (poison ivy, etc.) and uncontrolled vegetation, such as grass, weeds or brush.

(5) Any building in a camp that is not structurally sound shall be repaired, sealed shut, razed or removed.

(6) The operator shall set aside or provide suitable recreational space consisting of not less than five per cent of the gross camp area or fifteen hundred square feet, whichever is greater.

(7) Roads, parking areas, and walkways within the camp must be graded and covered with gravel, or with flexible or rigid pavement.

(B) To comply with voluntary standards of habitability:

(1) Housing shall not be subject to conditions that create or are likely to create offensive odors, flies, noise, traffic or any other similar hazards, and shall be at least two hundred feet from any area that would create offensive odors and at least fifteen feet from any public roadway.

(2) A minimum of fifteen feet is required between housing units, 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 gross 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.

R.C. 119.032 review dates: 08/01/2008 and 08/01/2013

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

3701-33-05 Water supply.

(A) To comply with minimum standards of habitability:

(1) A properly located, constructed, and maintained potable water supply system of sufficient capacity to meet the needs of the camp occupants shall be provided. The water supply shall meet the standards of the environmental protection agency.

(2) A water supply shall be deemed of sufficient capacity if it is capable of delivering thirty-five gallons per person per day to the campsite at a peak rate of two and one-half times the average hourly demand.

(3) A cold water tap shall be available within one hundred feet of each housing unit when water is not provided in the unit. Adequate drainage facilities shall be provided for overflow and spillage.

(4) Approved single service containers, clean containers supplied by a camp occupant, or an approved drinking fountain shall be used for dispensing drinking water.

(B) To comply with voluntary standards of habitability:

(1) Sufficient water under pressure shall be supplied to all housing units for drinking, dishwashing, cooking, bathing and toilet facilities. Adequate facilities for providing hot water for dishwashing and bathing purposes shall be provided.

(2) A drinking fountain or fountains shall be provided in accordance with the following requirements: (a) all drinking fountains shall be of approved sanitary design and construction; (b) at least one fountain shall be provided for each one hundred persons or fraction thereof if the fountain is located in a facility available to both sexes. At least two fountains shall be provided for each one hundred persons or fraction thereof if the fountains are located in an area such as a bathing facility that is segregated by sex.

R.C. 119.032 review dates: 08/01/2008 and 08/01/2013

Promulgated Under: 119.03

Statutory Authority: 3733.42

Rule Amplifies: 3733.42

Prior Effective Dates: 6/1/1975, 4/2/85

3701-33-06 Excreta and liquid waste disposal.

(A) To comply with the minimum standards of habitability:

(1) Sewage shall be discharged into a public sewer system whenever available. Where a public sewer connection is not feasible, sewage shall be discharged into a private sewage disposal system, the operation of which does not create a nuisance, a hazard to health, or pollute any waters of the state.

(2) If privies are used to receive and store fecal and urine wastes, they shall be provided with watertight vaults of a minimum capacity of five hundred gallons for each thirty occupants or fraction thereof who will use the privies. The minimum capacity requirements shall not apply to privies that are constructed as a part of an environmental protection agency approved sewage disposal system. The privies shall be properly vented, cleaned as often as necessary with the contents disposed of in a manner and place approved by the environmental protection agency, and located not less than one hundred feet from any water supply.

(3) Sewage disposal systems shall be properly located, constructed, and maintained in accordance with the standards prescribed by the environmental protection agency.

(4) The camp shall be provided with suitable drains or watertight receptacles for receiving the liquid wastes other than body excreta, shower or laundry waste. Liquid waste shall not be discharged upon or allowed to accumulate on the ground surface.

(5) Liquid waste disposal facilities shall be not closer than one hundred feet to a water supply and no more than two hundred feet from a housing unit served by the facilities. Liquid waste disposal facilities shall be clean and shall not create a nuisance.

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

(1) All toilet facilities shall be of the flush water type.

(2) Slop drains shall not be used and all housing units where cooking is permitted or required shall be equipped with a sink supplied with hot and cold water under pressure.

R.C. 119.032 review dates: 08/01/2008 and 08/01/2013

Promulgated Under: 119.03

Statutory Authority: 3733.42

Rule Amplifies: 3733.42

Prior Effective Dates: 6/1/1975, 4/2/85

3701-33-07 Housing.

(A) To comply with minimum standards of habitability:

(1) Each building shall be structurally sound, adequate in size for its use and easy to keep clean. Every foundation, roof and exterior wall, door, skylight and window shall be rodentproof, weathertight and watertight. Each building shall be kept in good repair and in a sanitary condition.

(2) Dwellings shall have flooring constructed of rigid materials that are smooth finished, readily cleanable, and so located as to prevent the entrance of ground water.

(3) Wooden exterior walls of each building shall be constructed of decay resistant wood, or covered with a non-toxic paint or other type of protective coating.

(4) The interior walls, ceilings and partitions of each building shall be of substantial construction, smooth finished, free of gross imperfections such as open cracks and holes, and covered with a non-toxic paint or other type of wall covering that is impervious to moisture.

(5) All housing units shall be numbered in a consecutive manner. 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.

(6) The following space requirements shall be provided in housing units in existence in the camp on april 2, 1985:

(a) Except as otherwise provided in this paragraph, 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 shall be provided. In a family unit, each child under six years of age must be provided with not less than twenty-five square feet of floor space. No minimum floor space shall be required for each child under two years of age;

(b) For sleeping purposes in dormitory accommodations using bunk beds only, not less than forty square feet per occupant;

(c) Except as otherwise provided in this paragraph, for combined cooking, eating and sleeping purposes, not less than sixty square feet of floor space per occupant shall be provided. In a family unit, each child under six years of age must be provided with not less than thirty square feet of floor space. No minimum floor space shall be required for each child under two years of age.

(7) 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;

(8) Dwellings used for families with one or more children six years of age or older shall have a separate room or partitioned sleeping area for the husband and wife. The partition shall be of rigid materials and may be moveable, but must be a minimum of six feet high so as to provide reasonable privacy.

(9) Separate sleeping accommodations shall be provided for each sex except in a housing unit occupied by a single family.

(10) Adequate and separate arrangements for hanging clothing and storing personal effects shall be provided for each occupant or family. The minimum storage area for each occupant is twelve inches by thirty-six inches extending from the floor to the ceiling with hooks or rod for hanging clothes and one shelf twelve inches by thirty-six inches. Furniture storage units may be substituted for required shelf storage.

(11) 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 dwelling unit shall have a minimum ceiling height of seven feet; provided, existing housing units and house trailers 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; provided, house trailers as defined by section 4501.01 of the Revised Code may be used if they meet the requirements of 24 C.F.R. section 3280.104 for ceiling height.

(12) Each habitable room, not including partitioned areas, shall have at least one window or skylight opening directly to the out-of-doors. 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 must have at least one openable window in addition to any windows in doors for that room. The total area that can be opened shall equal at least forty-five per cent of the minimum window or skylight area required, except where comparably adequate ventilation is supplied by some other method.

(13) Manufactured homes as defined in section 4501.01 of the Revised Code that are placed in agricultural labor camps after April 2, 1985, shall meet the requirements of the manufactured home manufacturer or the most current standards for the installation of ground anchors and tiedowns for manufactured homes of the "American National Standards Institute".

(B) To comply with the voluntary standards of habitability, the following space requirements shall be met:

(1) For sleeping purposes only, not less than fifty square feet of floor space for each occupant whether single beds or bunk beds are used;

(2) For combined cooking, eating and sleeping purposes not less than one hundred square feet of floor space per occupant;

(3) Manufactured homes as defined in section 4501.01 of the Revised Code shall meet the requirements of the manufactured home manufacturer or the most current standards for the installation of ground anchors and tiedowns for manufactured homes of the "American National Standards Institute".

R.C. 119.032 review dates: 08/01/2008 and 08/01/2013

Promulgated Under: 119.03

Statutory Authority: 3733.42

Rule Amplifies: 3733.42 , 3733.48

Prior Effective Dates: 6/1/1975, 4/2/85, 8/27/98

3701-33-08 Screening.

To comply with minimum standards of habitability:

(A) All outside openings shall be protected with tight-fitting screening in good repair of not less than sixteen mesh.

(B) Screen doors shall be tight fitting, in good repair, equipped with self-closing devices and installed to open outward.

R.C. 119.032 review dates: 08/01/2008 and 08/01/2013

Promulgated Under: 119.03

Statutory Authority: 3733.42

Rule Amplifies: 3733.42

Prior Effective Dates: 6/1/1975, 4/2/85

3701-33-09 Heating.

To comply with minimum standards of habitability:

(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 sixty-eight degrees Fahrenheit. Portable electric heaters 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.

(B) If an electric heating device is used, the branch circuit supplying this device must be of sufficient capacity in accordance with applicable provisions of the "National Electrical Code" or local electrical codes.

(C) Any stoves, or other sources of heat utilizing combustible fuel, shall be installed and vented directly to the outside atmosphere in such a manner as to prevent fire hazards and a dangerous concentration of gases. No portable heater, other than one operated by electricity that is equipped with an automatic shut-off switch, shall be used. 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) 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.

Distances shorter than those required by this paragraph may be used if specified by the manufacturer of the heating device or if the combustible materials are protected in a manner approved by the licensor.

(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 protection 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.

R.C. 119.032 review dates: 08/01/2008 and 08/01/2013

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 sites shall be provided with electric service.

(2) All common use rooms and areas such as laundry rooms, toilets, privies, hallways, stairways, etc., 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 electric convenience outlets, or one such convenience 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 as a result of new construction or addition to the camp after April 2, 1985, shall be provided with a wall-type convenience 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 assure that any newly installed electrical work is safe through a letter from a certified electrical inspector or an electrical contractor other than the installer.

(B) To comply with voluntary standards of habitability:

(1) All existing electrical systems in existence 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-, and/or three-family dwelling units.

(2) All electrical systems created as a result of new construction, addition to an existing camp or upgrading after April 2, 1985 shall be installed and maintained in accordance with the "National Electrical Code" or local electrical codes for one-, two-, and/or three-family dwelling units.

R.C. 119.032 review dates: 08/01/2008 and 08/01/2013

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: 4/2/1985, 9/6/98

3701-33-11 Toilet facilities.

(A) To comply with minimum standards of habitability:

(1) Toilet facilities, including privies and chemical portable toilets approved by the licensor, shall be constructed, located, and maintained in a sanitary condition so as to prevent any nuisance or public health hazard.

(2) Water closets or privy seats for each sex shall be in the ratio of not less than one seat for each fifteen occupants with a minimum of one seat for each sex in common use facilities.

(3) Urinals constructed of materials impervious to moisture may be substituted for men's toilet seats on the basis of one urinal, or twenty-four inches of trough-type urinal, for one toilet seat up to a maximum of one-third of the required toilet seats. In toilet facilities, constructed or extensively altered after April 2, 1985, urinals shall be provided on the basis of one unit for each twenty-five male camp occupants, and the floor from the wall to a distance of not less than fifteen inches from the outward edge of the urinals shall be constructed of materials impervious to moisture.

(4) Except in individual family 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.

(5) Where common use toilet facilities are provided, an adequate and accessible supply of toilet tissue with holders shall be furnished, or each agricultural camp occupant may provide his or her own supply of toilet tissue.

(6) In common use toilet facilities, including privies, the following shall be provided:

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

(b) Adequate ventilation provided by natural or mechanical means;

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

(7) No water closet, chemical toilet or urinal shall be located in a room used for other than toilet purposes.

(8) Individual family unit toilet facilities, including privies, shall have adequate lighting provided at all hours of the day by an artificial light source located within the facility or a combination of an artificial light source located in the facility and natural light, and shall have adequate ventilation provided by natural or mechanical means. All outside openings that provide ventilation shall be covered with sixteen-mesh screening.

(9) Toilet facilities shall be located within two hundred feet of each housing unit.

(10) Privies and chemical portable toilets approved by the licensor shall not be located closer than fifty feet to any housing unit or any facility where food is prepared or served.

(11) Chemical portable toilets approved by the licensor may be used if supplied in the same ratio as specified in paragraph (A)(2) of this rule. The operator shall provide the licensor with proof of a properly executed contract specifying that each chemical portable toilet holding tank will be pumped and cleaned at least once a week or more often if necessary.

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

(1) All family type housing units shall be provided with individual water flush toilets which shall be located so that no individual is required to pass through a sleeping area, other than his or her own, in order to use the toilet facilities.

(2) All common use toilet facilities shall be provided with water flush toilets and urinals which 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.

R.C. 119.032 review dates: 08/01/2008 and 08/01/2013

Promulgated Under: 119.03

Statutory Authority: 3733.42

Rule Amplifies: 3733.42 , 3733.43 , 3733.44 , 3733.45 , 3733.46 , 3733.47 , 3733.371, 3733.48

Prior Effective Dates: 6/1/1975, 4/2/85, 9/6/98

3701-33-12 Bathing, laundry, and handwashing.

(A) To comply with minimum standards of habitability:

(1) Bathing and handwashing facilities, including an adequate supply of hot and cold water under pressure, shall be provided for the use of all occupants. These facilities shall be maintained in a clean and sanitary condition and located in a building within two hundred feet of each living unit.

(2) In camps in existence on April 2, 1985, there shall be a minimum of one showerhead per fifteen occupants with a minimum of one unit for each sex in common use facilities. Showerheads shall be spaced at least three feet apart, with a minimum of nine square feet of floor space per unit. Prefabricated commercial showerstalls measuring thirty-two by thirty-two inches are acceptable. Adequate dry dressing space shall be provided in common use facilities. Shower floors shall be constructed of nonskid materials that are impervious to moisture and sloped to properly constructed floor drains. All walls and partitions shall be covered to the height of splash with a smooth material that is impervious to moisture. All junctions of the walls or partitions with the floor shall be coved. Except in individual family units, separate shower facilities shall be provided for each sex. When common use 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, and shall be distinctly marked for "men" and "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) In camps established or extensively altered after April 2, 1985, there shall be a minimum of one showerhead per ten occupants with a minimum of one unit for each sex in common use facilities.

(4) In camps in existence on April 2, 1985, lavatories or equivalent units shall be provided in a ratio of one per fifteen occupants with a minimum of one unit for each sex in common use facilities.

(5) In camps established or extensively altered after April 2, 1985, there shall be one lavatory per family housing unit or per six occupants with a minimum of one unit for each sex in a common use facility.

(6) Laundry facilities, including an adequate supply of hot and cold water under pressure, shall be provided for the use of all occupants. Laundry facilities in existence on April 2, 1985, shall have a roof over the laundry area and the floors shall be constructed of materials impervious to moisture and shall be sloped to properly constructed floor drains. Laundry trays or tubs shall be provided in the ratio of one per twenty-five occupants. Mechanical washers may be provided in the ratio of one per fifty occupants in lieu of laundry trays or tubs, although a minimum of one laundry tray or tub per one hundred occupants shall be provided in addition to the mechanical washers. Facilities for drying clothes shall be provided.

(7) In camps constructed or extensively altered after April 2, 1985, laundry facilities shall be located in a building and shall have a floor of concrete or a floor covered with another type of floor covering that is impervious to moisture sloped to properly constructed floor drains.

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

(1) There shall be one lavatory and one shower with an adequate supply of hot and cold water under pressure in each individual family housing unit.

(2) There shall be one showerhead per ten occupants and one lavatory per six occupants with a minimum of one shower and one lavatory for each sex in common use facilities. The showers and lavatories shall have an adequate supply of hot and cold water under pressure.

R.C. 119.032 review dates: 08/01/2008 and 08/01/2013

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

3701-33-13 Cooking and eating facilities.

(A) To comply with the minimum standards of habitability:

(1) When occupants are permitted or required to cook in their housing unit, a space shall be provided and equipped for cooking and eating. Such space shall be provided with:

(a) A cookstove or hot plate with a minimum of two burners;

(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;

(c) Mechanical refrigeration for storage of food at a temperature of not more than forty-five degrees Fahrenheit;

(d) A table and chairs, or equivalent seating and eating arrangements, commensurate with the capacity of the unit;

(e) Adequate lighting and ventilation.

(2) When occupants are permitted or required to cook and eat in a common facility, a room or building separate from the sleeping facilities shall be provided for cooking and eating. The room or building shall be provided with:

(a) Stoves or hot plates, with a minimum equivalent of two burners, in a ratio of one stove or hot plate to ten occupants, or one stove or hot plate to two families;

(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;

(c) Mechanical refrigeration for storage of food at a temperature of not more than forty-five degrees Fahrenheit;

(d) Tables and chairs, or equivalent seating and eating arrangements, adequate for the intended use of the facility;

(e) Adequate sinks with hot and cold water under pressure;

(f) Adequate lighting and ventilation;

(g) Floors of easily cleaned materials that are impervious to moisture;

(h) Heating equipment capable of maintaining a temperature of sixty-eight degrees Fahrenheit if the room or building is used before June first and/or after August thirty-first.

(3) 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 3732. of the Revised Code and the rules adopted thereunder.

(4) Wall surface adjacent to all food preparation and cooking areas shall be of easily cleaned material that is impervious to moisture. In addition, the wall surface adjacent to cooking areas shall be of fire-resistant material.

(B) To comply with the voluntary standards of habitability, the following shall be provided when occupants are permitted or required to cook in their housing units:

(1) A cookstove with a minimum of four burners;

(2) 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;

(3) Mechanical refrigeration for storage of food at a temperature of not more than forty-five degrees Fahrenheit;

(4) A table and chairs, or equivalent seating and eating arrangements, commensurate with the capacity of the unit;

(5) Adequate lighting and ventilation;

(6) A kitchen sink with an adequate supply of hot and cold water.

R.C. 119.032 review dates: 08/01/2008 and 08/01/2013

Promulgated Under: 119.03

Statutory Authority: 3733.42

Rule Amplifies: 3733.42

Prior Effective Dates: 6/1/1975, 4/2/85

3701-33-14 Garbage and other refuse.

To comply with minimum standards of habitability:

(A) Containers for refuse, including garbage, shall be provided adjacent to each housing unit. These containers shall have a maximum 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. Bulk-type containers approved by the licensor that are conveniently located no more than one hundred feet from the housing units served may be substituted for individual housing unit refuse containers. Refuse containers shall be of sufficient size and quantity to store garbage and refue generated in the camp between pickups.

(B) Provision shall be made for the collection of refuse at least once a week or more often if necessary. Refuse shall be disposed of in a solid waste disposal facility licensed in accordance with section 3734.05 of the Revised Code. The disposal shall be in accordance with section 3734.05 of the Revised Code and the rules adopted thereunder.

(C) Other large rubbish including, but not limited to, mattresses, springs, refrigerators, and other large appliances, furniture, building rubble or materials and hot water heaters shall be disposed of or stored in a manner satisfactory to the licensor.

R.C. 119.032 review dates: 08/01/2008 and 08/01/2013

Promulgated Under: 119.03

Statutory Authority: 3733.42

Rule Amplifies: 3733.42

Prior Effective Dates: 6/1/1975, 4/2/85

3701-33-15 Insect and rodent control.

To comply with the minimum standards of habitability, effective measures, approved by the licensor, shall be taken to prevent the infestation by and harborage of animal or insect vectors or pests within the camp.

R.C. 119.032 review dates: 08/01/2008 and 08/01/2013

Promulgated Under: 119.03

Statutory Authority: 3733.42

Rule Amplifies: 3733.42

Prior Effective Dates: 6/1/1975, 4/2/85

3701-33-16 Sleeping facilities.

To comply with minimum standards of habitability:

(A) Sleeping facilities shall be provided for each occupant. The facilities shall consist of comfortable beds, cots, or bunks provided with clean mattresses. Bedframes for sleeping facilities shall be of sturdy construction.

(B) Any bedding provided by the camp operator shall be clean and sanitary at time of issue.

(C) Triple deck or higher bunks shall not be provided or used.

(D) 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 thirty-six inches.

(E) Beds used for double occupancy may be provided only in family accommodations.

R.C. 119.032 review dates: 08/01/2008 and 08/01/2013

Promulgated Under: 119.03

Statutory Authority: 3733.42

Rule Amplifies: 3733.42

Prior Effective Dates: 6/1/1975, 4/2/85

3701-33-17 Fire, safety, and first aid.

(A) To comply with minimum standards of habitability:

(1) In housing units for less than ten occupants, of one-story construction, two means of escape remote 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 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 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.

(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 remote 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) 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.

(6) First-aid facilities shall be provided and readily accessible for use at all times.

(7) The first-aid kit shall be equipped with materials to stop bleeding and to clean or cover minor cuts and abrasions. The first-aid kit shall consist of a minimum of: thirty one-inch wide adhesive compresses; twenty-five four-by-four-inch sterile pads; two three-inch sterile roller gauze bandages; and one bar of soap.

(8) Local emergency medical care addresses and phone numbers shall be posted within the agricultural labor camp at the same location as the agricultural labor camp license and migrant agricultural labor ombudsman poster.

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

(B) To comply with voluntary standards of habitability, a pay phone shall be located in the camp for the occupants' use.

R.C. 119.032 review dates: 08/01/2008 and 08/01/2013

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 Camp operator's responsibilities.

(A) The camp operator shall post the current agricultural labor camp license and the current migrant agricultural ombudsman poster in a conspicuous place.

(B) The operator or his designated agent shall inspect the camp and ensure that it is well maintained and is in a clean and sanitary condition. The camp operator shall cause the abatement of any maintenance problem, nuisance or unsanitary condition that may develop in the camp or be brought to his attention by the licensor.

(C) When the camp is partially or totally abandoned or partially or totally vacated, the camp operator is responsible for placing the affected grounds and buildings in a clean and sanitary condition.

(D) It shall be the responsibility of the camp operator to report immediately to the health commissioner of the health district in which the camp is located the name and address of any individual in the camp known to have or suspected of having a communicable disease.

R.C. 119.032 review dates: 08/01/2008 and 08/01/2013

Promulgated Under: 119.03

Statutory Authority: 3733.42

Rule Amplifies: 3733.42

Prior Effective Dates: 6/1/1975, 4/2/85

3701-33-19 Camp occupant's responsibilities.

(A) Every occupant of an agricultural labor camp shall keep that part of the dwelling, housing unit, and premises thereof that he occupies and controls in a clean and sanitary condition.

(B) Occupants shall not alter, modify or move the housing units, buildings, facilities, contents or equipment within the agricultural labor camp without permission from the camp operator.

R.C. 119.032 review dates: 08/29/2003 and 08/01/2013

Promulgated Under: 119.03

Statutory Authority: 3733.42

Rule Amplifies: 3733.42

Prior Effective Dates: 6/1/75, 4/2/85

3701-33-20 Voluntary standard priorities.

(A) The director shall designate an advisory committee for the purpose of establishing priorities for the voluntary standards contained in this chapter.

(B) The advisory committee shall consist of one representative from each of the following organizations or groups: (1) The Ohio department of health. This representative shall act as chairperson; (2) a city or general health district; (3) a grower advocate organization; (4) a migrant advocate organization; (5) a licensed agricultural labor camp operator; and (6) a migrant.

(C) The advisory committee shall forward its recommendations for priorities to the director by November thirtieth of each year for his consideration and implementation during the following year.

R.C. 119.032 review dates: 08/01/2008 and 08/01/2013

Promulgated Under: 119.03

Statutory Authority: 3733.42

Rule Amplifies: 3733.42

Prior Effective Dates: 9/20/1985