NORTH CAROLINA GENERAL ASSEMBLY

1963 SESSION

 

 

CHAPTER 809

HOUSE BILL 461

 

 

AN ACT REGULATING THE SANITATION OF AGRICULTURAL LABOR CAMPS.

 

The General Assembly of North Carolina do enact:

 

Section 1.  Chapter 130 of the General Statutes of North Carolina is hereby amended by adding a new Article following Article 13 thereof, to be Article 13A and to read as follows:

"ARTICLE 13A

"Sanitation of Agricultural Labor Camps

"Sec. 130-166.1.  Definitions. For the purpose of this Article, the following definitions shall apply:

(1)        'Agricultural labor camp or camps'. The term 'agricultural labor camp or camps' means and includes one or more buildings or structures, tents, trailers, or vehicles, together with the land appertaining thereto, established, operated or used as living quarters for ten or more seasonal or temporary workers engaged in agricultural activities, including related food processing.

(2)        'Camp operator'. The term 'camp operator' means a person having charge or control of the camp housing for migrant agricultural workers.

(3)        'Crew leader'. The term 'crew leader' means the individual who handles the contract and is recognized by the group as the leader.

"Sec. 130-166.2.  Permit Required for Operation of Camp. No person shall operate directly or indirectly, an agricultural labor camp unless he has obtained a permit to operate such camp from the local health department having jurisdiction over the area in which the agricultural labor camp is located, and unless such permit is in full force and effect and is posted and is kept posted in the camp to which it applies at all times during the maintenance and operation of the camp.

"Sec. 130-166.3.  Application for Permit; Issuance of Permit. An application for a permit to operate an agricultural labor camp shall be made to the local health department having jurisdiction over the area in which the proposed agricultural labor camp is located, and shall be in writing and conform to the provisions of this Article. The local health department to which the application is made shall issue, free of cost, a permit for the operation of the agricultural labor camp, if the health director of such department is satisfied, after investigation or inspection, that the camp meets the minimum standards prescribed by this Article. Such permit shall be valid for a period of one (1) year, unless sooner revoked. Such permit shall not be transferable.

"If an applicant for a permit to operate an agricultural labor camp is denied said permit, or if the holder of a permit has his permit revoked in accordance with the provisions of this Article, the applicant or holder shall be entitled upon due request, to a fair hearing before the local board of health having jurisdiction over the area in which the agricultural labor camp is located.

"Sec. 130-166.4.  Responsibility for Sanitary Standards and Maintenance. The camp operator shall be responsible for complying with the provisions of this Act concerning sanitation standards. The crew leader shall be responsible for maintaining the agricultural labor camp in a sanitary condition.

"Sec. 130-166.5.  Duty of Camp Employees and Occupants. Every employee or occupant of a camp shall use the sanitary facilities provided and shall maintain in a sanitary manner that part of the housing or camp premises which he occupies.

"Sec. 130-166.6.  Cleanliness of Camp Area. The camp area shall be well drained and maintained in a clean, safe and sanitary manner.

"Sec. 130-166.7.  Adequate and Safe Water Supply. An adequate, convenient, and safe water supply, approved by the State Board of Health, shall be available at all times at each camp. Water under pressure shall be provided, and water outlets shall be located not farther than 200 feet from each housing unit. The well or spring shall be constructed in accordance with State Board of Health Bulletin #476, 'Protection of Private Water Supplies'. The supply shall be adequate to provide a minimum of 35 gallons per person per day.

"Sec. 130-166.8.  Adequate Sewerage Facilities. Toilet facilities for each sex shall be provided in accordance with the provisions of General Statute 130-160. The minimum number of toilet seats shall be one for 20 users for each sex. Privies, when used, shall be located no farther than 200 feet from the dwelling units.

"Sec. 130-166.9.  Adequate Bathing Facilities. Warm water (at least 90°) shall be made available for bathing facilities at each camp. In camps housing more than 15 workers, showers shall be provided on the ratio of one shower head for each 15 persons. Separate facilities shall be provided for each sex.

"Sec. 130-166.10.  Adequate Shelter. In rooms for living and sleeping purposes, there shall be at least one window for each room opening to the outer air. The minimum total window area shall be ten per cent (10%) of the floor area for new buildings, and five per cent (5%) for existing buildings. All buildings shall be constructed in a safe manner with provisions against fire hazards and shall protect the occupant against the elements. The roof and walls shall be water resistant. In dormitory type construction, a minimum of 20 square feet per person shall be provided.

"Sec. 130-166.11.  Adequate Lighting. Every camp operator shall provide for artificial illumination in a safe and adequate manner. At least one outlet shall be provided for each housing unit used for sleeping or cooking purposes.

"Sec. 130-166.12.  Sanitary Food Facilities. Where central feeding facilities are provided, and operated for pay, they shall be operated in accordance with the requirements of the State Board of Health for food handling establishments.

"Sec. 130-166.13.  Sanitary Garbage Disposal. Water-tight receptacles shall be provided for storage of garbage and refuse. Containers must be emptied daily and the contents buried or disposed of in a sanitary manner."

Sec. 2.  Responsibility for Enforcement. The responsibility for the enforcement of this Article shall rest upon the North Carolina State Board of Health or its duly authorized representative.

Sec. 2A.  Posting of Notice. The State Board of Health shall cause the provisions of this Act to be prominently displayed on the premises of each agricultural labor camp.

Sec. 3.  Separability Clause. If any part of this Act is adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remaining portions of this Act.

Sec. 4.  Repealing Clause. All laws and clauses of laws in conflict herewith are hereby repealed.

Sec. 5.  Effective Date. This Act shall be in full force and effect from and after January 1, 1964.

In the General Assembly read three times and ratified, this the 11th day of June, 1963.