cmr-105-420.00•105 CMR 420.00 — State sanitary code chapter III: Farm labor camps
105 CMR 420.00 — State sanitary code chapter III: Farm labor camps
cmr-105-420.00105 CMR 420.00Regulation
105 CMR: DEPARTMEN T O F PUBLIC HEALTH
105 CMR 420.000: HOUSING AND SANITATION STANDARDS FOR FARM LABOR CAMPS
(STATE SANITARY CODE, CHAPTER III) Section
105 CMR 420.00 State sanitary code chapter III: Farm labor camps
420.001 Purpose
420.001: Purpose
420.002 Authority
420.002: Authority
420.003 Citation
420.003: Citation
420.010 Scope
420.010: Scope
420.020 Definitions
420.020: Definitions
420.100 Location of Housing Facilities
420.100: Location of Housing Facilities
420.101 Maintenance of Grounds
420.101: Maintenance of Grounds
420.130 Safety, Size, Cleanability, Watertight
420.130: Safety, Size, Cleanability, Watertight
420.131 Floors
420.131: Floors
420.132 Floor-to-Ceiling Height
420.132: Floor-to-Ceiling Height
420.133 Mobile Homes
420.133: Mobile Homes
420.151 Artificial Lighting
420.151: Artificial Lighting
420.200 Beds
420.200: Beds
420.201 Minimum Sleeping Area per Person
420.201: Minimum Sleeping Area per Person
420.202 Quarters for Laborers and Families
420.202: Quarters for Laborers and Families
420.203 Storage of Personal Effects
420.203: Storage of Personal Effects
420.230 Equipment
420.230: Equipment
420.231 Maintenance
420.231: Maintenance
420.232 Cleaning Before Issue
420.232: Cleaning Before Issue
420.250 Minimum Number of Exits for Each Floor
420.250: Minimum Number of Exits for Each Floor
420.251 Provisions for Window Exit
420.251: Provisions for Window Exit
420.252 Exits for Large Sleeping Quarters
420.252: Exits for Large Sleeping Quarters
420.253 Ladder or Stairway for Window Exit
420.253: Ladder or Stairway for Window Exit
420.254 Exits to be Kept Unobstructed
420.254: Exits to be Kept Unobstructed
420.300 Provision Required for cooking and Eating
420.300: Provision Required for cooking and Eating
420.301 Walls, Floors, and Ceilings for Food Areas
420.301: Walls, Floors, and Ceilings for Food Areas
420.302 Refrigeration
420.302: Refrigeration
420.303 Shelves and Counters for Food Preparation
420.303: Shelves and Counters for Food Preparation
420.304 Lighting and Ventilation
420.304: Lighting and Ventilation
420.305 Utensils
420.305: Utensils
420.306 Storage of Cooking and Eating Utensils
420.306: Storage of Cooking and Eating Utensils
420.307 Stoves and Worktables for Food Preparation
420.307: Stoves and Worktables for Food Preparation
420.308 Seating and Eating Arrangements
420.308: Seating and Eating Arrangements
420.309 Minimum Area Per Person in Cooking and Eating Areas
420.309: Minimum Area Per Person in Cooking and Eating Areas
420.310 Dishwashing Facilities and Cleaning
420.310: Dishwashing Facilities and Cleaning
420.311 Sleeping Prohibited in Food Areas
420.311: Sleeping Prohibited in Food Areas
420.312 Maintenance of Equipment
420.312: Maintenance of Equipment
420.313 Animals Prohibited
420.313: Animals Prohibited
420.350 Observation of Sanitary Practices Required
420.350: Observation of Sanitary Practices Required
420.351 Fitness of Food for Human Consumption
420.351: Fitness of Food for Human Consumption
420.352 Handling of Food
420.352: Handling of Food
420.400 Employment Safeguards to Protect Against Disease
420.400: Employment Safeguards to Protect Against Disease
420.401 Reporting Outbreaks of Communicable Disease
420.401: Reporting Outbreaks of Communicable Disease
420.432 Effective Measures Required Against Insects and Rodents
420.432: Effective Measures Required Against Insects and Rodents
420.431 Screening
420.431: Screening
420.450 Quantity and Quality of Water
420.450: Quantity and Quality of Water
420.451 Installation and Maintenance of Plumbing and Fixtures
420.451: Installation and Maintenance of Plumbing and Fixtures
420.452 Water from Unapproved Sources Allowed Only for Toilet Flushing
420.452: Water from Unapproved Sources Allowed Only for Toilet Flushing
420.453 Cross Connections Prohibited
420.453: Cross Connections Prohibited
420.454 Drinking Water Samples
420.454: Drinking Water Samples
420.455 Drinking Fountains and Utensils
420.455: Drinking Fountains and Utensils
420.456 Water for Shed and Field Workers
420.456: Water for Shed and Field Workers
420.457 Filling Water Barrels
420.457: Filling Water Barrels
105 CMR: DEPARTMEN T O F PUBLIC HEALTH
Section: continued
420.500 Operator Required to Establish and Maintain Handwashing, Bathing and Laundry Facilities
420.500: Operator Required to Establish and Maintain Handwashing, Bathing and Laundry Facilities
420.501 Handwashing Facilities
420.501: Handwashing Facilities
420.502 Bathing Facilities
420.502: Bathing Facilities
420.503 Shower and Bathroom Ventilation
420.503: Shower and Bathroom Ventilation
420.504 Common Towels Prohibited
420.504: Common Towels Prohibited
420.505 Laundry Facilities
420.505: Laundry Facilities
420.530 Minimum Facilities
420.530: Minimum Facilities
420.531 Chemical Toilet and Privy
420.531: Chemical Toilet and Privy
420.532 Toilet Location
420.532: Toilet Location
420.533 Separate Toilet Facilities
420.533: Separate Toilet Facilities
420.534 Field Sanitation Facilities
420.534: Field Sanitation Facilities
420.535 Ventilation and Screening of Toilet Facilities
420.535: Ventilation and Screening of Toilet Facilities
420.536 Maintenance of Toilet Facilities
420.536: Maintenance of Toilet Facilities
420.550 Sewage Disposal
420.550: Sewage Disposal
420.600 Number of Receptacles and Location
420.600: Number of Receptacles and Location
420.601 Refuse Storage
420.601: Refuse Storage
420.602 Refuse Disposal
420.602: Refuse Disposal
420.603 Cleaning of Garbage Cans
420.603: Cleaning of Garbage Cans
420.630 Heating Facilities; Maintenance of Adequate Temperatures
420.630: Heating Facilities; Maintenance of Adequate Temperatures
420.631 Kerosene Heaters Prohibited
420.631: Kerosene Heaters Prohibited
420.632 Venting of Permitted Heaters
420.632: Venting of Permitted Heaters
420.633 Installation and Maintenance
420.633: Installation and Maintenance
420.650 Applicable Fire and Safety Laws
420.650: Applicable Fire and Safety Laws
420.651 Fire Prevention and Fire Fighting
420.651: Fire Prevention and Fire Fighting
420.652 Safeguards Applicable to Agricultural Pesticides and Toxic Chemicals
420.652: Safeguards Applicable to Agricultural Pesticides and Toxic Chemicals
420.653 Safe Storage of Flammable Materials
420.653: Safe Storage of Flammable Materials
420.654 First-Aid Equipment Required
420.654: First-Aid Equipment Required
420.655 Availability of First-Aid Equipment for Ready Use
420.655: Availability of First-Aid Equipment for Ready Use
420.700 Curtailment
420.700: Curtailment
420.800 General Administration
420.800: General Administration
420.810 Certificate of Occupancy Required
420.810: Certificate of Occupancy Required
420.811 Procedure for Obtaining Certificate of Occupancy
420.811: Procedure for Obtaining Certificate of Occupancy
420.812 Revocation of Certificate of Occupancy
420.812: Revocation of Certificate of Occupancy
420.813 Expiration of Certificate
420.813: Expiration of Certificate
420.820 Inspection of Farm Labor Camps
420.820: Inspection of Farm Labor Camps
420.821 Complaints of Violations
420.821: Complaints of Violations
420.830 Correction Orders
420.830: Correction Orders
420.831 Revocation Orders
420.831: Revocation Orders
420.832 Content of Orders
420.832: Content of Orders
420.833 Service of Orders
420.833: Service of Orders
420.840 Variances
420.840: Variances
420.850 Requesting and Holding Hearing
420.850: Requesting and Holding Hearing
420.851 Hearing of Petitioner
420.851: Hearing of Petitioner
420.852 Procedure by the Department after Hearing
420.852: Procedure by the Department after Hearing
420.853 Official Hearing Record
420.853: Official Hearing Record
420.854 Hearing Petition Not Submitted or Sustaining of Order
420.854: Hearing Petition Not Submitted or Sustaining of Order
420.860 Appeals of Final Decision
420.860: Appeals of Final Decision
420.870 Severability
420.870: Severability
420.001 Purpose
420.001: Purpose
105 CMR 420.000 is intended to protect the health, safety and well-being of occupants of farm labor camps and to promote the general welfare.
420.002 Authority
420.002: Authority
105 CMR 420.000 is adopted under authority of M.G.L. c. 111, § 3 and 127A.
105 CMR: DEPARTMEN T O F PUBLIC HEALTH
420.003 Citation
420.003: Citation 105 CMR 420.000 shall be known and may be cited as, 105 CMR 420.000: Housing and Sanitation Standards for Farm Labor Camps (State Sanitary Code, Chapter III).
420.010 Scope
420.010: Scope (A) A farm labor camp shall not be located or operated unless such camp complies with the standards contained in 105 CMR 420.000. (B) The minimum standards of fitness for human habitation established by 105 CMR 410.000: Minimum Standards of Fitness for Humam Habitation (State Sanitary Code, Chapter II), shall not apply to any structure which is required to conform to the standards contained in 105 CMR 420.000.
420.020 Definitions
420.020: Definitions For purposes of 105 CMR 420.000 words, terms or phrases set forth in 105 CMR 420.020 shall be interpreted in the manner printed. Board ofhealth means the appropriate and legally designated health authority of the city, town, or other legally constituted governmental unit within the Commonwealth having the usual powers and duties of the board of health of a city or town or his or its authorized agent or representative. Drinking water means water provided or used for human consumption or for culinary purposes. Farm Labor Camp means any tract of land, including allbuildings, vehicles, and other structures located thereon, any part of which contains sleeping facilities made available inconnectionwiththe employment of laborers in farm activities and living apart from the operator's household and which are occupied or intended for occupancy by two or more such laborers or members of their families. Farm Activities means those activities carried on in connection with, including but not limited to, the care and training of farm and sporting animals, the production or processing of agricultural or horticultural products such as fitting, planting, cultivating, harvesting, vining, sorting, grading; packing, storing, canning, freezing, dehydrating, bottling and preserving or treating by any method. Garbage means the animal, vegetable, or other organic waste resulting from the handling, preparing, cooking, or consumption of food. Habitation means that portion inside a building or other structure which is used for living, sleeping, cooking, or eating purposes. Operator means any person who alone or jointly or severally with others owns a farm labor camp, or has care, charge, or control of a farm labor camp as agent or lessee of the owner or as an independent contractor. Person means every individual, partnership, corporation, firm, association, or group, including a city, town, county, or other governmental unit owning property or carrying on an activity regulated by 105 CMR 420.000. Provide means to supply and pay for. Rubbish means combustible and noncombustible waste material, except garbage, and includes but is not limited to such material as paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, grass clippings, tin cans, metals, mineral matter, glass, crockery, dust, and the residue from the burning of wood, coal, coke, and other combustible material.
105 CMR: DEPARTMEN T O F PUBLIC HEALTH
420.100 Location of Housing Facilities
420.100: Location of Housing Facilities The operator shall locate housing facilities only (A) Where an approved water supply is available; (B) Where approved sewage disposal facilities are provided; (C) Where drainage conditions will not create a health or safety hazard; (D) Where traffic conditions will not create a safety hazard; (E) In buildings other than those used to house livestock or poultry; and (F) Where farm or other activities do not create excessive noise which would endanger health.
420.101 Maintenance of Grounds
420.101: Maintenance of Grounds Ground within the housing site should be free from debris, hazards, noxious plants such as poison ivy and poison sumac and uncontrolled weeds or brush.
420.130 Safety, Size, Cleanability, Watertight
420.130: Safety, Size, Cleanability, Watertight The operator shall not use or permit the use of any building or shelter in a farm labor camp as a place of human habitation unless it is structurally safe, adequate in size for its use, easy to keep clean, and has a roof and sides which are watertight.
420.131 Floors
420.131: Floors The operator shall maintain the floors in allbuildings used for habitation tight, smooth, and free from chronic dampness. Except if a cellar exists, wooden floors in buildings used for human habitation shall be elevated no less than 12 inches above ground level. The operator shall keep the space beneath the floor clean and free from every obstruction.
420.132 Floor-to-Ceiling Height
420.132: Floor-to-Ceiling Height Every room for human habitation shall have a minimum floor-to-ceiling height of seven feet for at least ¼ of its floor area.
420.133 Mobile Homes
420.133: Mobile Homes Mobile homes or trailers may be used where permitted by local zoning or other regulations; provided, that the mobile homes or trailers also comply with the regulations in 105 CMR 420.000.
420.150 Natural Lighting
420.150: Natural Lighting The operator shall provide for each room used for human habitation (A) transparent or translucent glass or other equivalent material which admits light from the outdoors and which is equal in area to no less than 8% of the floor area of that room, and (B) windows, doors, skylights, or transoms in the exterior walls or roofs that can be easily opened to a minimum of 4% of the floor area of that room; provided, that a skylight which, if open exposes the interior of the dwelling to direct rainfall shall not qualify.
105 CMR: DEPARTMEN T O F PUBLIC HEALTH
420.151 Artificial Lighting
420.151: Artificial Lighting The operator shall provide the electric service and shall provide at least one electric light fixture in each room used for sleeping, in each kitchen, dining room, mess hall, and toilet room and in addition, at least one wall-type electrical convenience outlet in each of those places, except the toilet and shower rooms. Adequate lighting shall also be provided for the safe and reasonable use of the yard area and pathways to common use facilities. The operator shall also provide the bulbs necessary for illumination. No less than one 60-watt bulb per 100 square feet of the floor area in rooms used for sleeping, and in kitchens, dining rooms, mess halls, and toilet rooms, will satisfy the requirements of this chapter; provided, that if a source of electricity is not available from power lines within 1000 feet, the operator shall provide safety lanterns in such numbers a s the Massachusetts Department of Public Health determines will meet the reasonable safety needs o f the farm labor camps. All wiring and lighting fixtures shall be installed in accordance with applicable State and local codes and maintained in a safe condition.
420.200 Beds
420.200: Beds The operator shall furnish a separate bed for each person; provided, that a double bed shall satisfy this requirement with respect to any married couple. Beds shall be set no less than three feet apart if single-decked, and 4½ feet apart if double-decked. Triple-decked beds are not allowed.
420.201 Minimum Sleeping Area Per Person
420.201: Minimum Sleeping Area Per Person The operator shall so arrange sleeping facilities that no less than 50 square feet of floor space is provided for each person over the age of two years sleeping in a room. There shall be a clear space of at least 27 inches above the sleeping surface of a bed, bunk, or cot.
420.202 Quarters for Laborers and Families
420.202: Quarters for Laborers and Families The operator shall house males and females in separate buildings or in areas of the same building so partitioned as to require separate entrances; provided, that families may be housed in the same building if they are furnished sleeping quarters which are separated by a partition of sound construction from the sleeping quarters of other males, females, and other families.
420.203 Storage of Personal Effects
420.203: Storage of Personal Effects The operator shall provide separate lockers or storage space suitable for storing the reasonably expected amount of personal effects of each person accommodated at the farm labor camp. Such equipment shall be provided with adequate locking devices.
420.230 Equipment
420.230: Equipment The operator shallprovide for each person accommodated at a farm labor camp comfortable beds, cots or bunks and at least one clean mattress, pillow, pillow case, blanket, towel, and two sheets.
420.231 Maintenance
420.231: Maintenance The operator shall maintain in good condition every bed cot, bunk, and bed spring. He shall also maintain in a clean and sanitary condition every sheet, pillowcase, blanket or other bed cover, and mattress bag which he provides. Sheets, towels, and pillowcases shall be laundered at least once a week. Blankets or other bed covering shall be washed or otherwise cleaned at least every three months. Mattress bags shall be washed and filling changed at least every six months.
105 CMR: DEPARTMEN T O F PUBLIC HEALTH
420.232 Cleaning Before Issue
420.232: Cleaning Before Issue Notwithstanding any other provisions of 105 CMR 420.000, the operator shall not make any item referred to in 105 CMR 420.231 available to any person without first having caused it to be washed or otherwise cleaned.
420.250 Minimum Number of Exits for Each Floor
420.250: Minimum Number of Exits for Each Floor The operator shall provide in each building used for human habitation at least two acceptable exits from each floor on which there exist sleeping or eating quarters.
420.251 Provision for Window Exit
420.251: Provision for Window Exit An easilyopenable window may be used as one of the two exits as required in 105 CMR 420.250. Such window shall have an openable portion not less than 28 inches in width and 32 inches in height nor shall the lower edge of the opening be more than three feet above the interior floor level. Equivalent-sized opening in the exterior walls may also qualify.
420.252 Exits for Large Sleeping Quarters
420.252: Exits for Large Sleeping Quarters Where sleeping quarters are provided for ten or more individuals in a room above the first floor, both egresses required under 105 CMR 420.250 shall lead directly to the outside.
420.253 Ladder or Stairway for Window Exit
420.253: Ladder or Stairway for Window Exit Where a window or other opening is used as the second means of egress and lower the edge of the opening is more than six feet above the outside ground level, such egress shall be equipped with a ladder or stairway securely attached to the exterior of the building.
420.254 Exits to be Kept Unobstructed
420.254: Exits to be Kept Unobstructed All egresses shall be kept unobstructed at all times. Screens on exit windows shall be easily openable at all times.
420.300 Provision Required for Cooking and Eating
420.300: Provision Required for Cooking and Eating When workers or their families are permitted or required to cook in their individual unit, or cook and eat in a common facility or when central mess facilities are provided, the operator shall provide space, equipment, and facilities in accordance with the requirements of 105 CMR 420.000.
420.301 Walls, Floors and Ceilings in Food Areas
420.301: Walls, Floors and Ceilings in Food Areas Walls, floors, and ceilings of cooking and eating areas shall be constructed of easily cleanable materials. The operator shall keep them clean and maintain them in good repair. He shall paint or paper the walls and ceiling of such areas in a light color. The wall surface adjacent to cooking areas shall be of fire resistant material.
420.302 Refrigeration
420.302: Refrigeration The operator shall provide equipment for mechanical refrigeration of food at a temperature of 45°F or below.
420.303 Shelves and Counters for Food Preparation
420.303: Shelves and Counters for Food Preparation The operator shall provide adequate food storage shelves and a counter for food preparation. Food shall not be stored less than 18 inches above the floor. Such shelves and counters shall be constructed of easily cleanable material.
105 CMR: DEPARTMEN T O F PUBLIC HEALTH
420.304 Lighting and Ventilation
420.304: Lighting and Ventilation The operator shall provide adequate lighting and ventilation for every cooking and eating area.
420.305 Utensils
420.305: Utensils Every dish, glass, or other utensil used in the handling, preparing, cooking, or consumption of food or drink shall be of durable easily cleaned material, and maintained in good condition. Cracked or chipped dishes, glassware or other utensils are not considered to be in good condition.
420.306 Storage of Cooking and Eating Utensils
420.306: Storage of Cooking and Eating Utensils The operator shall provide a place for the storage of cooking and eating utensils which will afford protection from flies, vermin and dust.
420.307 Stoves and Worktables for Food Preparation
420.307: Stoves and Worktables for Food Preparation The operator shall provide as many stoves and worktables as are necessary to meet the reasonably anticipated need of the persons accommodated. The recommended ratio is one two-burner stove for each ten people or two families. All stoves shall be installed in accordance with applicable local and state codes.
420.308 Seating and Eating Arrangements
420.308: Seating and Eating Arrangements The operator shall provide tables and chairs or equivalent seating and eating arrangements, all commensurate with the capacity of the eating or dining area. The top of each table shall be of solid, non-absorbent material which can be easily cleaned.
420.309 Minimum Area Per Person in Cooking and Eating Areas
420.309: Minimum Area Per Person in Cooking and Eating Areas The operator shall provide an area of at least 15 square feet per person for use as a cooking and eating space. Such space shall be separated from sleeping quarters and not lead directly into a toilet room.
420.310 Dishwashing Facilities and Cleaning
420.310: Dishwashing Facilities and Cleaning The operator shall provide adequate sinks with hot and cold water sufficient in quantity and pressure for washing and disinfecting dishes. When the dishwashing facility is to be used by other than a single family group, it is recommended that the operator provide a two-compartment sink. Every gla ss, cup, knife, fork, spoon and dish shall be washed thoroughly after each use with a suita b le detergent and hot water and should be sanitized by one of the following methods: (A) immersion for at least 30 seconds in clean hot water at a temperature of at least 170°F, or (B) immersion for a period of at least one minute in a sanitizing solution containing (1) not less than 50 parts per million of available chlorine at a temperature not less than 75°F, or (2) any other chemical sanitizing agent which is effective and nontoxic under use conditions and for which a suitable field test is available. Such sanitizing agents, in use solutions, shall provide the equivalent bactericidal effect of a solution containing not less than 50 parts per million of available chlorine at a temperature not less than 75°F. Every other utensil used in the handling, preparing, or consumption of food and drink should be cleaned immediately after use.
105 CMR: DEPARTMEN T O F PUBLIC HEALTH
420.311 Sleeping Prohibited in Food Areas
420.311: Sleeping Prohibited in Food Areas Sleeping shall not be permitted in areas used for the preparation, storage or service of food.
420.312 Maintenance of Equipment
420.312: Maintenance of Equipment All equipment used in the preparation, storage or service of food shall be kept in good working order.
420.313 Animals Prohibited
420.313: Animals Prohibited Animals shall not be allowed in areas used for the preparation storage or service of food.
420.350 Observation of Sanitary Practices Required
420.350: Observation of Sanitary Practices Required Whenever milk, cream, food, or meals are furnished or offered for sale in a farm labor camp, the operator shall make adequate provision for the sanitary storing, handling, and protection of food and milk supplies until served or used.
420.351 Fitness of Food for Human Consumption
420.351: Fitness of Food for Human Consumption All food shall be wholesome and suitable for human consumption.
420.352 Handling of Food
420.352: Handling of Food The operator should inform every person who handles food or drink to wash his hands with soap and water immediately after each use of the toilet or urinal. Every cook and every other person who aids in the preparation of any meal at a mess hall or other community feeding facility at a farm labor camp shall wash his hands thoroughly with soap and water before beginning to prepare each meal.
420.400 Employment Safeguards to Protect Against Disease
420.400: Employment Safeguards to Protect Against Disease The operator shall not hire any person known to possess an active communicable disease, nor should he allow any person to handle food who is not in apparent good health and free from open sores and lesions. He should refer all persons known or suspected of possessing a communicable disease to a physician, the board of health or the Massachusetts Department of Public Health.
420.401 Reporting Outbreaks of Communicable Disease
420.401: Reporting Outbreaks of Communicable Disease Whenever there shall occur in any farm labor camp a case of suspected food poisoning or an unusual prevalence of any other illness in which fever, diarrhea, sore throat, vomiting, or jaundice is a prominent symptom the operator shall report the outbreak immediately to the board of health or Massachusetts Department of Public Health in person or by telegraph or telephone.
420.430 Effective Measures Required Against Insects and Rodents
420.430: Effective Measures Required Against Insects and Rodents The operator shall take effective measures to prevent the breeding and to protect the premises from the entrance of rodents, flies, roaches and other vermin.
420.431 Screening
420.431: Screening The operator shall provide the exterior openings in every building of the farm labor camp used for human habitation with screens containing not less than 16 meshes per inch. All screen doors shall be tight fitting, in good repair and equipped with self-closing devices.
105 CMR: DEPARTMEN T O F PUBLIC HEALTH
420.450 Quantity and Quality of Water
420.450: Quantity and Quality of Water The operator shall supply a safe potable water supply sufficient in quantity and pressure to meet the needs of the occupants. The water supply shall be obtained only from a public water supply, if available, or some other source approved by the Massachusetts Department of Public Health.
420.451 Installation and Maintenance of Plumbing and Fixtures
420.451: Installation and Maintenance of Plumbing and Fixtures All pipes, pumps, and appurtenances delivering drinking water shall be installed in accordance with all applicable State or local codes and the operator shall maintain them in good working order. The area surrounding a pump or other fixtures used for water supply shall be properly drained and maintained in a sanitary condition.
420.452 Water From Unapproved Sources Allowed Only for Toilet Flushing
420.452: Water From Unapproved Sources Allowed Only for Toilet Flushing The operator shall not permit the use of water from any source not approved in accordance with 105 CMR 420.450, except for toilet flushing. No taps shall be provided on such sources.
420.453 Cross Connections Prohibited
420.453: Cross Connections Prohibited The operator shall not permit any cross connection to exist between any pipe carrying water from a source approved in accordance with 105 CMR 420.450 and any pipe carrying water from any other source.
420.454 Drinking Water Samples
420.454: Drinking Water Samples The Massachusetts Department of Public Health shall require sampling and sanitary analysis of drinking water from private sources. Such samples and analyses should be made at least once prior to seasonal occupancy or at such other times and as frequently as the Massachusetts Department of Public Health considers appropriate.
420.455 Drinking Fountains and Utensils
420.455: Drinking Fountains and Utensils The operator shall not make available or permit the use of any common drinking utensil. Every drinking fountain he supplies shall be of sanitary design and construction.
420.456 Water for Shed and Field Workers
420.456: Water for Shed and Field Workers Where running water from an approved source is not available, the operator shall make drinking water in covered containers readily available to both shed and field workers. Water containers shall be disinfected at the start of each season and whenever else necessary, and shall be maintained in a clean and sanitary condition. The filling hole plug shall be kept securely in place except during filling time .
420.457 Filling Water Barrels
420.457: Filling Water Barrels Only overhead hoses shall be used to fill water barrels. No overhead hose used to fill a water barrel shall be long enough to come in contact with the ground surface. The hose shall be provided with controls preventing its entering more than four inches into the water barrel.
420.500 Operator Required to Establish and Maintain Handwashing, Bathing, and Laundry Facilities
420.500: Operator Required to Establish and Maintain Handwashing, Bathing, and Laundry Facilities The operator shall provide handwashing, bathing, and laundry facilities, supplied with hot and cold water sufficient in quantity and pressure, for the use of all occupants. These facilities shall be kept clean and in good repair.
105 CMR: DEPARTMEN T O F PUBLIC HEALTH
420.501 Handwashing Facilities
420.501: Handwashing Facilities The operator shall provide wash basins or equivalent units in a ratio of one per 12 persons. He shall provide soap at each wash basin or equivalent unit. It is recommended that the operator so locate the wash basins to facilitate compliance with the handwashing requirements of 105 CMR 420.352 as well as to encourage good general hygienic practice.
420.502 Bathing Facilities
420.502: Bathing Facilities (A) The operator shall provide showers or bathtubs in a ratio of one showerhead or bathtub for the first 12 persons, and an additional showerhead or bathtub for each 15 additional persons. (B) Showerheads should be spaced at least three feet apart, with a minimum of nine square feet of floor space per unit. (C) The operator shall provide separate bathing facilities for each sex, except in individual family units. (D) Shower floors shall be constructed of nonabsorbent, nonskid materials and sloped toward properly installed floor drains. (E) The operator shall cause every shower room floor to be washed daily with a suitable detergent and hot water. Use of a 5% solution of available chlorine is recommended as a disinfectant. (F) The operator shall not permit the use of duckboards in a shower room.
420.503 Shower and Bathroom Ventilation
420.503: Shower and Bathroom Ventilation The operator shall provide for the ventilation of each shower room and bathroom to the outdoors and shall screen each window or other exterior openingwith screens containing not less than 16 meshes per inch.
420.504 Common Towels Prohibited
420.504: Common Towels Prohibited The use of common towels shall not be permitted.
420.505 Laundry Facilities
420.505: Laundry Facilities (A) Tubs and Washers. The operator shall provide laundry tubs or mechanical washers in the ratio of one for each 20 persons. (B) Clothes Drying. The operator shall provide adequate clothes drying facilities.
420.530 Minimum Facilities
420.530: Minimum Facilities (A) The operator shall provide at least the following toilet facilities: (1) one water closet (or seat) for each ten women, (2) one water closet (or seat) for each ten men. One urinal or 30 lineal feet of urinal trough may be substituted on a one for one basis, for up to one-third of the number of water closets (or seats) required: (B) Provided, that in determining the number of facilities required, those family groups having separate toilet facilities shall not be counted.
105 CMR: DEPARTMEN T O F PUBLIC HEALTH
420.531 Chemical Toilet and Privy
420.531: Chemical Toilet and Privy (A) No chemical toilet or privy shall be permitted without the written permission of the local board of health. (B) Any chemical toilet or privy permitted shall be so located and constructed that it (1) will not by leakage or seepage be a source of pollution of a water supply, surface water, or the adjacent ground surface; (2) will not permit access of flies to the privy vault; (3) will not be difficult to clean; (4) will not create unduly offensive odors; and (5) will not be within 100 feet of any sleeping room, dining room, mess hall, or kitchen.
420.532 Toilet Location
420.532: Toilet Location The operator shall locate the toilets so that they are no more than 200 feet from the door of the sleeping room of those people who are expected to use them. Toilet facilities shall be located so that they are accessible to every person without having to pass through any sleeping room other than the one or ones occupied by the person or his family.
420.533 Separate Toilet Facilities
420.533: Separate Toilet Facilities The operator shall provide separate toilet facilities for each sex, except those to be used by not more than two family groups. Each facility shall be clearly marked for the intended sex in English and in the native language of the persons expected to use the facilities.
420.534 Field Sanitation Facilities
420.534: Field Sanitation Facilities The operator shall provide additional toilet facilities when farm activities require the workers to be more than 750 feet from the main toilet facilities of the camp unless transportation is readily available. At least one water closet, privy, or chemical toilet shall be provided for each 100 workers. These facilities shall be separate for each sex and shall be located not more than 750 feet from the work area.
420.535 Ventilation and Screening of Toilet Facilities
420.535: Ventilation and Screening of Toilet Facilities The operator shall provide for the ventilation of each toilet room to the outdoors and shall screen each window or other exterior opening of each toilet room, privy or chemical toilet room with screens containing no less than 16 meshes per inch.
420.536 Maintenance of Toilet Facilities
420.536: Maintenance of Toilet Facilities The operator shall maintain all toilet facilities in a clean and sanitary condition, and he shall keep them in good repair. Toilets shall be supplied with a sufficient amount of toilet tissue.
420.550 Sewage Disposal
420.550: Sewage Disposal The operator shall provide a sanitary drainage system connected to the public sewerage system; provided, that if because of distance or ground conditions connection to a public sewerage system is not practicable, the operator may provide a subsurface sewage disposalsystem which in in compliance with 310 CMR 15.00.
420.600 Number of Receptacles and Location
420.600: Number of Receptacles and Location The operator shall provide as many recep ta c les for the storage of garbage and rubbish as are sufficient to contain the accumulation before final collection or ultimate disposal, and shall so locate them that no objectionable odors enter any dwelling place.
105 CMR: DEPARTMEN T O F PUBLIC HEALTH
420.601 Refuse Storage
420.601: Refuse Storage Garbage shall be stored in fly-tight, covered, and watertight receptacles of metal or other durable material. Rubbish shall be stored in receptacles of metal or other durable material.
420.602 Refuse Disposal
420.602: Refuse Disposal The operator shall provide for the ultimate disposal of garbage and rubbish no less often than twice a week. Disp o sal shall be by disposal in a solid waste facility approved by the Massachusetts Department of Environmental Protection.
420.603 Cleaning of Garbage Cans
420.603: Cleaning of Garbage Cans The operator shall cause each garbage can to be thoroughly cleaned each time it is emptied.
420.630 Heating Facilities; Maintenance of Adequate Temperature
420.630: Heating Facilities; Maintenance of Adequate Temperature The operator of every farm labor camp shall provide heating facilities and shall also supply heat in e ve ry room used for human habitation and in every bathroom of at least 68°F; provided, that the requirement for heating facilities and heat shall apply only during the period from September 15 to May 15, both inclusive.
420.631 Kerosene Heaters Prohibited
420.631: Kerosene Heaters Prohibited Kerosene space heaters are prohibited.
420.632 Venting of Permitted Heaters
420.632: Venting of Permitted Heaters Space heaters and water heaters, except electrical ones, shall be properly vented to a chimney or duct leading to the outdoors in accordance with applicable local and state codes.
420.633 Installation and Maintenance of Heating Facilities
420.633: Installation and Maintenance of Heating Facilities All heating facilities shall be installed in accordance with applicable state or local codes and shall be maintained in such a manner as to avoid a fire hazard and to prevent a dangerous concentration of fume s .
420.650 Applicable Fire and Safety Laws
420.650: Applicable Fire and Safety Laws All buildings in which farm workers sleep, bathe, toilet or eat shall be maintained and constructed and maintained in accordance with 780 CMR, 527 CMR 12.00 and 248 CMR.
420.651 Fire Prevention and Fire Fighting
420.651: Fire Prevention and Fire Fighting The operator shall provide such facilities, equipment, and fire breaks for fire prevention and fire fighting as may be required by the local fire department. He shall instruct the occupants of the camp of the measures to take in case of fire. These instructions, both in English and in the native language of the workers, shall be posted in a conspicuous place.
420.652 Safeguards Applicable to Agricultural Pesticides and Toxic Chemicals
420.652: Safeguards Applicable to Agricultural Pesticides and Toxic Chemicals (A) Agricultural pesticides and toxic chemicals shall not be stored in the housing area. (B) The operator shall not permit workers to handle agricultural pesticides or toxic chemicals unless the workers are instructed as to their proper usage, handling, and necessary safety precautions.
105 CMR: DEPARTMEN T O F PUBLIC HEALTH
420.653 Safe Storage of Flammable Materials
420.653: Safe Storage of Flammable Materials Flammable or volatile liquids or materials, except for those needed for current household use, shall not be stored in or adjacent to rooms used for living purposes.
420.654 First-Aid Equipment Required
420.654: First-Aid Equipment Required The operator shall provide a standard 24-unit first-aid kit or its equivalent which he shall keep stocked and available for the emergency treatment of any person in the farm labor camp.
420.655 Availability of First Aid Equipment for Ready Use
420.655: Availability of First Aid Equipment for Ready Use The operator should care for or place the first-aid equipment in the care and charge of a responsible person and should make provision for the ready use of that equipment at all times.
420.700 Curtailment
420.700: Curtailment No person shall cause the water, electricity, or other utility, service, facility, or equipment which is required to be made available under these minimum standards to be shut off or removed from any occupied structure except for such temporary period as may be necessary during actual repairs or alterations or during temporary emergencies when curtailment of servic e is approved by the Massachusetts Department of Public Health.
420.800 General Administration
420.800: General Administration (A) Applicability of 105 CMR 400.000: State Sanitary Code, Chapter I: General Administrativ e Procedures. The provisions of 105 CMR 400.000: State Sanitary Code, Chapter I: General Administrative Procedures, with respect to administration and enforcement of these minimum standards shall apply, unless otherwise specified, to 105 CMR 420.000. (B) No Restriction Implied Upon Authority of Local Boards of Health. The provisions of 105 CMR 420.000 shall not be construed to limit or restrict the powers or duties of local boards of health.
420.810 Certificate of Occupancy Required
420.810: Certificate of Occupancy Required A farm labor camp shall not be operated by any person or occupied by workers until a current certificate of occupancy has been issued and posted in the headquarters or main building of such camp.
420.811 Procedure for Obtaining Certificate of Occupancy
420.811: Procedure for Obtaining Certificate of Occupancy A certificate of occupancy shallnot be issued until an application containing information as required b y the Ma ssachusetts Department of Public Health has been submitted to and approved by said Department. Such application shall be obtained from the Massachusetts Department of Public Health, completed by the operator and returned to said Department at least 21 days prior to the expected opening date of the farm labor camp; provided, that in the case of an emergency where a farmer is threatened by loss of crop he may apply in writing to the said Department asking for a waiver of the 21 day notice and requesting an immediate inspection of the quarters to be occupied.
420.812 Revocation of Certificate of Occupancy
420.812: Revocation of Certificate of Occupancy A certificate of occupancy issued in accordance with the provisions of 105 CMR 420.000 may be revoked for any violation of this code which the Massachusetts Department ofPublic Healthdetermines exists.
420.813 Expiration of Certificate
420.813: Expiration of Certificate The certificate of occupancy shall expire on December 31 following the date of issue and may be revoked for cause at any time by the Massachusetts Department of Public Health.
105 CMR: DEPARTMEN T O F PUBLIC HEALTH
420.820 Inspection of Farm Labor Camps
420.820: Inspection of Farm Labor Camps (A) All farm labor camps shall be inspected annually by the Massachusetts Department of Public Health. In lieu thereof, said Department may delegate any such annual inspection to the board of health of the city or town where said camp is located. (B) If inspection of a farm labor camp is delegated to the board of health as provided in M.G.L. c. 111, § 128G, said board shall make its inspection and file its report to the Massachusetts Department of Public Health on a form prescribed by the Massachusetts Department of Public Health within 30 days of notice of such delegation.
420.821 Complaints of Violations
420.821: Complaints of Violations The Massachusetts Department of Public Health shall investigate within 30 days all signed written complaints of violations of 105 CMR 420.000. The board of health shall forward forthwith to the Massachusetts Department of Public Health any such written complaint which may be directed to said board.
420.830 Correction Orders
420.830: Correction Orders If an inspection as provided in 105 CMR 400.000 or in 105 CMR 420.000 reveals that a farm labor camp does not comply with the provisions of 105 CMR 420.000, the Massachusetts Department of Public Health may order the person responsible to comply with the violated provisions within a specified time as determined by the Massachusetts Department of Public Health.
420.831 Revocation Orders
420.831: Revocation Orders If an inspection as provided for in 105 CMR 400.000: State Sanitary Code Chapter I: General Administrative Procedures or 105 CMR 420.000 reveals that a building used for human habitation so fails to comply with the provisions of 105 CMR 420.000 as to endanger or materially impair the healthor well-beingofthe occupants of the public, the Massachusetts Department of Public Healthmay revoke the certificate of occupancy.
420.832 Content of Orders
420.832: Content of Orders (A) Every order authorized by 105 CMR 420.000 shall be in writing. (B) Subject to the emergency provisions of this code any order issued shall: (1) include a statement of the violation or defect, and may suggest action, which if taken, will effect compliance with 105 CMR 420.000; (2) allot a reasonable time for any action it requires; and (3) inform the person to whom it is directed of his right to a hearing, and of his responsibility to request the hearing, and to whom the request shall be made.
420.833 Service of Orders
420.833: Service of Orders Service of Orders issued under the provisions of105 CMR 420.000 shall be served in accordance with 105 CMR 420.400.
420.840 Variances
420.840: Variances (A) The designee of the Commissioner of the Massachusetts Department of Public Health may vary the application of any provision of 105 CMR 420.000 with respect to any particular case when, in his/her opinion, the enforcement thereof would do manifest injustice; provided, that the decision of the Massachusetts Department of Public Health shall not conflict with the spirit of 105 CMR 420.000. (B) A copy of any such variance shall, while it is in effect, be available to the public at all reasonable hours in the office of the Commissioner of Public Health of the Commonwealth.
105 CMR: DEPARTMEN T O F PUBLIC HEALTH
420.850 Requesting and Holding Hearing
420.850: Requesting and Holding Hearing The person to whom any order has been served pursuant to any regulation of 105 CMR 420.000 may request a hearing before the Commissioner of Public Health by filing within seven days after the day the order was served in the office of the Commissioner of Public Health a written petition requesting a hearing on the matter. Upon receipt of such petition the Commissioner or his/her designee shall set a time and place for such hearing and shall inform the petitioner thereof in writing. The hearing shall be commenced not later than ten days after the day on which the petition was filed; provided, that upon applic ation of the petitioner the Commissioner may postpone the date of the hearing for a reasonable time beyond such ten-day period if in his judgment the petitioner has submitted a good and sufficient reason for such postponement.
420.851 Hearing of Petitioner
420.851: Hearing of Petitioner At the hearing the petitioner shall be given an opportunity to be heard and to show why the order should be modified or withdrawn.
420.852 Procedure by the Department After Hearing
420.852: Procedure by the Department After Hearing After the hearingthe Massachusetts Department of Public Health shall sustain, modify, or withdraw the order and shall inform the petitioner in writing of its decision. If the Massachusetts Department of Public Health sustains or modifies the order, it shall be carried out within the time period allotted in the original or in the modification.
420.853 Official Hearing Record
420.853: Official Hearing Record Every notice, order, or other record prepared by the Massachusetts Department of Public Health in connection with the hearing shall be entered as a matter o f p ub lic record in the office of the Commissioner of Public Health of the Commonwealth.
420.854 Hearing Petition Not Submitted or Sustaining of Order
420.854: Hearing Petition Not Submitted or Sustaining of Order If a written petition for a hearing is not filed in the office of the Commissioner of Public Health of the Commonwealth within seven days after the day an order has been issued, or if after a hearing the order has been sustained in any part, each day's failure to comply with the order as issued or modified shall constitute an additional offense.
420.860 Appeals of Final Decision
420.860: Appeals of Final Decision Any person aggrieved by the final decision of the Massachusetts Department of Public Health with respect to the denial of plan approval, the denial or revocation, or failure to renew a certificate, or with respect to any order issued under the provisions of 105 CMR 420.000 may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of this Commonwealth.
420.870 Severability
420.870: Severability Each provision of 105 CMR 420.000 shall be construed as separate to the end that if any regulation, sentence, clause or phrase thereof shall be held invalid for any reason, the remainder of 105 CMR 420.000 and all other regulations shall continue in full force. REGULATO RY AUTHO RITY 105 CMR 420.000: M.G.L. c. 111, §§ 3 and 127A.
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