MICHIGAN DEPARTMENT of AGRICULTURE ENVIRONMENTAL STEWARDSHIP DIVISION ...
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MICHIGAN DEPARTMENT of AGRICULTURE ENVIRONMENTAL STEWARDSHIP DIVISION AGRICULTURAL LABOR CAMPS
December 14, 1989
MICHIGAN DEPARTMENT of AGRICULTURE
ENVIRONMENTAL STEWARDSHIP DIVISION
AGRICULTURAL LABOR CAMPS
(By authority conferred on the department of public health by section
12421 of Act No. 368 of the Public Acts of 1978, as amended, being
§333.12421 of the Michigan Compiled Laws)
R 325.3601 Definitions.
Rule 1. (1) As used in these rules or sections 12401 through 12434 of the act, or both:
(a) "Act" means Act No. 368 of the Public Acts of 1978, as amended, being §333.1101 et seq. of the
Michigan Compiled Laws.
(b) "Agreement" means an offer and acceptance arrangement between an applicant for a grant and the
department.
(c) "Camp" means an agricultural labor camp that is licensable under authority of the act.
(d) "Department" means the state departm ent of public health.
(e) "Director" means the state director of public health or his or her designated representative.
(f) "Double-wall construction" means frame or pole-type construction walls that are covered with a smooth,
cleanable, rigid material on the interior surface of the supporting studs or poles and by siding on the exterior surface
of the walls' structural members. Cement block and poured concrete walls are considered double-wall construction.
(g) "Garbage" means putrescible animal and vegetable wastes resulting from handling, preparing, cooking,
and consuming food.
(h) "Grant" or "state grant" means money from the migratory labor housing fund that is made available to an
employer of migratory laborers for not more than 50% of the cost of an extensive remodeling project that does not
cost more than $10,000.00. Projects that cost more than $10,000.00 are acceptable; however, the grant shall be
based upon a $10,000.00 portion of the construction cost of the project.
(i) "Grantee means an individual, corporation, partnership, association, or any combination thereof that
operates or proposes to operate an agricultural labor camp under the act, that applies for a grant pursuant to the act,
and that has signed an acceptance agreement with the department.
(j) "Habitable space" means a room or enclosed floor space that is used or intended to be used at a camp
for living, sleeping, cooking, or eating purposes, but does not mean any of the following:
(i) A bathroom.
(ii) A toilet compartm ent.
(iii) A laundry.
(iv) A pantry.
(v) A foyer.
(vi) A connecting corridor.
(vii) A closet.
(viii) Storage space.
(k) "Hot water" means water that has been heated to not less than 110 degrees Fahrenheit and not more
than 120 degrees Fahrenheit.
(l) "Housing" means a building or portion thereof that is offered as shelter for migratory laborers and such
facilities as water supply, sewage disposal, showers, and camp area.
(m) "Refuse" means putrescible and nonputrescible solid waste, including garbage, rubbish, and ashes.
Refuse does not mean body waste.
(n) "Sewage" means liquid waste and includes human excreta, waste from a sink, lavatory, bathtub, shower,
or laundry, and any other liquid waste of organic or chemical nature, either separately or in any combination.
(o) "Shelter" means a building or part of a building, a tent, or a trailer that is used for sleeping or living
quarters at an agricultural labor camp.
(p) "Tempered water" means hot water that has been cooled by adding cold water with a mixing device so
that the water temperature is between 95 and 100 degrees Fahrenheit.
(q) "Toilet facilities" means water closets, urinals, lavatories, and the rooms provided for installation of these
units and privies.
(r) "Unisex facility" means a facility which is located in a completely enclosed room with a door that can be
locked from the inside and which has an entrance that is accessible to both sexes at all times.
(2) The terms defined in the act have the same meaning when used in these rules.
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R 325.3603 Advisory board.
Rule 3. (1) The director shall appoint an advisory board to advise him or her on the administration of the act
and these rules. The board shall consist of 14 individuals, 5 of whom shall be growers who employ migratory laborers
or representatives of growers who employ migratory laborers and not less than 5 of whom shall be migratory
laborers, former migratory laborers, or representatives of migratory laborers. Each member shall serve at the
pleasure of the director, but shall not serve more than 4 years unless reappointed.
(2) The advisory board shall meet at the call of the director, except that the director shall call a meeting at
the request of any 5 members of the board.
R 325.3605 Applicability of rules.
Rule 5. (1) These rules apply to all agricultural labor camps. A provision in these rules shall not take
precedence over a requirement in an applicable local rule, ordinance, or code when such requirement is more
stringent than the provision in these rules.
(2) The department may grant an exemption from an administrative rule if there is clear and convincing
evidence that the alternative to the rule complies with the intent of the administrative rule from which exemption
is sought.(3) The decision of the department, including the qualification under which the exemption is granted, shall be
entered upon the records of the department and a signed copy shall be sent to the camp operator. This exemption
may remain in effect for as long as the camp operator continues to comply with the intent of the rule or may be time-
limited.
(4) If a camp operator permits laborers to live in their own recreational vehicles at the camp, all of the
following shall be provided:
(a) An approved water supply.
(b) Toilet facilities.
(c) Shower facilities.
(d) Electrical service.
(e) Refuse containers.
R 325.3607 Licenses; application; issuance.
Rule 7. A separate application shall be submitted and a separate license issued annually for each
agricultural labor camp. If there will be a new camp operator during the period for which the camp is licensed, the new
operator shall apply for a transfer of the license not less than 30 days before the proposed change of operators is
effective. On receipt of an application, the director shall review the application and cause any necessary investigation
and inspection to be made. Based on the investigation and inspection, the director shall issue a full license or a
temporary license or shall give the applicant or his or her authorized agent a written notice of denial stating the
reasons for the denial.
R 325.3609 Camp operators' and occupants' responsibilities.
Rule 9. (1) An agricultural labor camp owner or camp operator or his or her agent shall clearly explain to
camp occupants their responsibilities as to camp occupancy and care. The camp owner or operator or his or her
agent shall inspect the camp area, structures, toilets, showers, and other facilities at least once a week and ensure
that each is maintained in a clean and orderly condition and that broken or damaged property is repaired. The camp
owner or operator shall number the shelters or sites.
(2) An employee and occupant of a camp shall use the sanitary and other facilities furnished for his or her
convenience and shall comply with applicable camp regulations which may concern or affect his or her conduct. An
occupant of a camp shall keep that part of the camp and premises which he or she occupies or uses in a clean and
sanitary manner. An occupant of a camp shall dispose of his or her rubbish and garbage in a clean and sanitary
manner by placing it in containers provided for this purpose.
R 325.3611 Camp area; drainage; location; health and safety hazards; recreation space; pets; farm implements.
Rule 11. (1) An agricultural labor camp area shall be well drained and free from depressions in which water
may stagnate. The camp shall be located where the disposal of sewage is provided in a manner which neither
creates nor is likely to create a nuisance or a hazard to health.
(2) The camp shall not be subject to, or in proximity to, conditions that create any of the following:
(a) Offensive odors.
(b) Flies.
(c) Noise.
(d) Traffic.
(e) Any other health and safety hazards.
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(3) The camp shall be free from debris; noxious plants, such as poison ivy; and uncontrolled grass, weeds ,
and brush.
(4) The camp shall include a space for recreation that is reasonably related to the size of the camp and the
type of occupancy.
(5) If the camp operator allows a pet or animal in the camp area, pet or animal waste shall be collected and
properly disposed of. The pet or animal shall be