N.Y. Comp. Codes R. & Regs. tit. 10 § 15.4

Current through Register Vol. 46, No. 43, October 23, 2024

Section 15.4 - Permit to operate required; application, issuance, revocation, posting, inspections, access

(a) Permit required. No individual, group of individuals, partnership, firm, corporation, or association shall operate any migrant farmworker housing facility as defined by this Part or cause or allow the same to be occupied without a permit to do so from the permit issuing official.

(b) Application for permit. Application for a permit to operate a migrant farmwork or housing facility shall be made by the camp operator using forms provided by the Health Department at least 30 days before the first day of proposed operation of such housing facility. Following the revocation of a permit a new application for permit must be filed at least 72 hours before resuming operation. Operating permits shall not be transferable or assignable and cannot be issued for a term greater than 12 consecutive months.

(c) Permit issuance. The permit issuing official shall issue a permit when the migrant farmworker housing facility conforms, or will conform, to the requirements of this Part, and does not present a danger to the health or safety of the housing occupants. The operator to whom the permit is issued shall comply with the requirements of this Part and with any additional conditions stated in the permit. An application for a permit may be denied when the applicant has exhibited a history of noncompliance with the requirements of this Part.

(d) Revocation, suspension. A permit may be revoked, or suspended by the permit issuing official if the migrant farmworker housing facility for which the permit was requested or issued was found to have been maintained, operated or occupied in violation of the Public Health Law, or this Chapter. Before suspension, or revocation of a permit, or after receipt of a Notice of Violation, the permittee, or applicant, shall be given the opportunity to be heard by the permit-issuing official or his designated officer to appeal the revocation, or suspension of the permit to operate. A permit may be revoked upon request of the permittee or upon abandonment of operation.

(e) Posting. Posters supplied by the permit-issuing official which list the responsibilities of the operator and occupants for operation and maintenance of the housing facilities and environs must be placed in locations readily visible to the occupants.

(f) Inspections. Any property that is operated, or suspected of being operated as a migrant farmworker housing facility as defined by this Part is subject to inspection by the permit-issuing official or their representative.

(g) Pre-occupancy inspection required. No occupancy shall be allowed until after the required inspection has been made and a permit is issued, or permission to occupy is granted by the permit-issuing official.

(h) Operational inspections. A facility may be exempted from inspections, other than inspections based upon a complaint or an injury or illness investigation, during occupancy by migrant farmworkers if the permit-issuing official determines the operator has operated the facility for at least two consecutive years without any violations of this Part, and in a manner demonstrating such operation does not present an unreasonable risk to the health or safety of the occupants. The exemption applies only during the term of the permit and its renewal will be based upon continued documented compliance with the provisions of this Part.

(i) Access. The permit issuing official or their representative shall be allowed entry for the purposes of inspection to any property operated or suspected of being operated as a migrant farmworker housing facility as defined by this Part.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 15.4