§ 95-225. Adoption of standards and interpretations. - North Carolina Statutes - USA Laws Searching

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§ 95-225. Adoption of standards and interpretations.

§ 95‑225.  Adoption ofstandards and interpretations.

(a)        Unless otherwiseprovided, all established federal standards are adopted and shall be enforcedby the Department of Labor of North Carolina.

(b)        The Commissionershall provide for publication in the North Carolina Register any modificationby the federal government of the established federal standards within 30 daysof their adoption.

(c)        For the protectionof the public health, the Commission for Public Health shall adopt and theDepartment of Environment and Natural Resources shall enforce rules thatestablish water quality and water sanitation standards for migrant housingunder this Article.

(d)        The requirementsfor the collection, treatment, and disposal of sewage, as provided in Article11 of Chapter 130A, and the rules adopted pursuant to that Article shall applyto migrant housing.

(e)        Whenever theoutside temperature falls below 50 degrees Fahrenheit and the migrant housingis occupied, heating equipment shall be provided and operable. Regardless ofoutside temperature, this equipment must be capable of maintaining living areasof 65 degrees Fahrenheit. If housing is to be occupied from May 15 untilSeptember 1 only, no heating equipment shall be required at the time ofpreoccupancy inspection.

(f)         All migranthousing shall comply with the standards regarding fire safety for migranthousing as adopted by the Commission for Public Health and in effect on January1, 1989.

(g)        For purposes ofthis Article, the established federal standard provided in 29 C.F.R.1910.142(i) does not apply. The following standards shall apply to migranthousing:

(1)        Food preparationfacilities and eating areas shall be provided and maintained in a clean andsanitary manner;

(2)        A kitchen facilityshall be provided with an operable stove with at least one burner per fivepeople, and in no event with less than two burners; an operable refrigeratorwith .75 cubic feet per person minimum; a table; and a sink with running hotand cold water;

(3)        Surfaces with whichfood or drink come in contact shall be easily accessible for cleaning, andshall be nontoxic, resistant to corrosion, nonabsorbent, and free of opencrevices;

(4)        Acceptable storagefacilities shall be provided and shall be kept clean and free of vermin; and

(5)        All food servicefacilities, other than those where migrants procure and prepare food for theirown or their family's consumption, shall comply with the standards regardingkitchen and dining room facilities for migrant housing, as adopted by theCommission for Public Health and in effect on January 1, 1989.

(h)        Each migrant shallbe provided with a bed that shall include a mattress in good repair with aclean cover. The Department of Labor of North Carolina inspector shalldetermine the condition of the mattress and cover during the preoccupancyinspection. If the mattress or cover is damaged beyond normal wear and tearduring the migrant's occupancy of the housing, the operator may charge themigrant the reasonable cost of replacing the mattress or cover. (1989, c. 91, s. 2; c. 727,s. 220; 1997‑443, s. 11A.36; 2007‑182, s. 2; 2007‑548, s. 3.)