Wis. Admin. Code Department of Workforce Development DWD 301.07

Current through October 28, 2024
Section DWD 301.07 - [Effective 1/1/2028] Migrant labor camps
(1) CERTIFICATE.
(a) The application fee for an annual certificate to operate a migrant labor camp shall be $100. Issuance of a certificate to operate a migrant labor camp is contingent on the migrant labor camp satisfying the minimum standards of this chapter.

Note: Section 103.92 (1) (a), Stats., requires every person maintaining a migrant labor camp in this state to apply for a certificate to operate the migrant labor camp and requires the application to be made annually by April 30 or 30 days prior to opening a new migrant labor camp. With certain exceptions, s. 103.92 (3), Stats., requires the department to issue a certificate if the migrant labor camp is in compliance with the department's rules establishing minimum standards for migrant labor camps. Section 103.92 (3), Stats., also provides that a certificate issued by the department authorizes a migrant labor camp to operate until March 31 of the next year.

(ag) A camp operator shall include with an application for a certificate to operate a migrant labor camp all of the following:
1. Documentation from the fire department providing fire protection for the migrant labor camp that the structures used for the migrant labor camp meet all local and state fire codes for the number of expected occupants identified on the application. The documentation shall be based on a fire inspection conducted no more than 6 months before submittal of an application for a certificate to operate a migrant labor camp.
2. The test results for the water sample required under sub. (9) (ar).
3. The written procedures for the temporary isolation of sick or injured occupants required under s. DWD 301.075 (2) (c).
(ar) The department shall review and make a determination on an application for a certificate to operate a migrant labor camp within 140 working days after the application is received or within 20 working days after the last inspection of the migrant labor camp that is needed for issuance of the certificate, whichever is sooner. The department shall schedule each inspection promptly, taking into consideration seasonal conditions and the employer's schedule for the use of the migrant labor camp. If 3 or more inspection visits are needed for issuance of the certificate, the department shall charge an additional fee of $300 for the third inspection and $500 for the fourth inspection and each subsequent inspection.

Note: Section 103.92 (3), Stats., requires the department to inspect each migrant labor camp for which an application for a certificate to operate a migrant labor camp is made.

(aw) Except for the denial of a certificate to operate a migrant labor camp that is required under s. 103.92 (6), (7), or (8), Stats., an applicant who wishes to contest the department's denial of a certificate may, within 30 days after the date of the denial, file a written request for hearing under s. DWD 301.135.

Note: Sections 103.92 (6), (7), and (8), Stats., specify requirements for the department to deny a certificate based on delinquencies in child or family support, taxes, or unemployment insurance contributions and such denials are subject to review as specified in those statutes.

(b) A camp operator shall file a separate application for a certificate to operate a migrant labor camp for each separate migrant labor camp that the camp operator maintains. In determining whether certain facilities constitute 2 or more separate migrant labor camps, the department shall consider the distance separating the housing units and whether or not there are shared facilities for the use of the people residing in the housing units.
(c) The department may not conduct any inspection for an applicant under this subsection until the application fee has been paid and the department has received the completed application.
(d) The department shall charge a fee of $100 for each partial inspection that is requested. A partial inspection is not an additional inspection visit under par. (ar).
(e) A visit to a migrant labor camp that is solely for the purpose of obtaining a water sample for testing is not an additional inspection visit under par. (ar).
(f) If the only purpose for an additional inspection visit is to verify that specified corrections have been made, the department may instead accept letters, emails, photos, receipts, or other documents from the camp operator that verify that the corrections have been made.
(g) A copy of the camp operator's certificate to operate a migrant labor camp shall be posted in a conspicuous place in the migrant labor camp. The posting shall be on a form prescribed by the department and shall be in English and in the language of the occupants if other than English.
(1m) NOTICE OF REVOCATION. If the department determines that a migrant labor camp is operating without a certificate to operate a migrant labor camp or identifies any other violation of this section or s. 103.92, Stats., that would warrant revocation of a certificate, the department shall provide a notice of violation pursuant to s. 103.965 (1), Stats., and allow up to 15 days to correct the violation. If the violation is not corrected, the department shall issue a notice of revocation of the certificate to operate a migrant labor camp. The notice of revocation shall be accompanied by a closing order.

Note: Section 103.92 (4), Stats., allows only certified migrant labor camps to operate in this state and requires the department to order the immediate closing of all other migrant labor camps.

(2) CLOSING ORDER. Within 3 working days from the date of an order closing a migrant labor camp, the department shall transmit the file and a copy of the order to the attorney general or the district attorney for the county in which the violation occurred for prosecution.

Note: Section 103.92 (4), Stats., authorizes the attorney general or district attorney to enforce the department's closing order.

(4) GATES AND GATEWAYS. Any fence around a migrant labor camp shall have one or more unlocked gates or gateways that have a width that is no less than the aggregate width required for exits under the Wisconsin commercial building code for a building with the same occupant load as the migrant labor camp.
(6) PLANS AND SPECIFICATIONS.
(ag) In this subsection:
1. "Addition" means construction performed on a building that increases the outside dimensions of the building.
2. "Alteration" means an enhancement, upgrading, or substantial change or modification to a building other than an addition or repair to the building or to electrical, plumbing, heating, ventilating, air conditioning and other systems within the building.
3. "New construction" includes an addition or alteration to an existing building.
4. "Repair" means the act or process of restoring to original soundness, including redecorating, refinishing, nonstructural repairs, or maintenance, or the replacement of existing fixtures, systems, or equipment with the equivalent fixture, system, or equipment.
(ar) Except as provided under par. (b), plans and specifications for all new construction intended for use as housing or common use facilities shall be approved by the department before letting contracts or commencing work.
(b) If the new construction will result in any of the following buildings, the camp operator is not required to submit plans and specifications under par. (ar) if the camp operator submits notice of intent to construct such a building to the department prior to constructing such a building:
1. Single story buildings for use as housing for not more than 2 families.
2. Buildings for use by not more than 8 persons who are not members of the same family.
3. Common use facilities containing less than 25,000 cubic feet total volume that have no floor or roof span greater than 30 feet and that are not more than 2 stories high.

Note: Plans and specifications for all new construction may also require the approval of the Department of Safety and Professional Services, a municipality, or a local governmental unit under the Wisconsin commercial building code. Contact the Department of Safety and Professional Services, Division of Industry Services Plan Review, 4822 Madison Yards Way, Madison, Wisconsin 53705 for further information.

(c) One copy of plans and specifications are required to obtain the department's approval under par. (ar). The plans shall include all of the following:
1. A plot plan of the migrant labor camp that includes the location and grades of adjoining streets, alleys, lot lines, and any other buildings on the same lot or property.
2. The name of the owner of the migrant labor camp.
3. The intended use or uses of all rooms and the number of persons to be accommodated therein.
(f) One set of approved plans shall be kept by the owner of the migrant labor camp or camp operator and made available to a migrant labor inspector of the department.
(7) VARIANCES.
(a) The department may, upon written application by a camp operator and inspection by a migrant labor inspector of the department, grant written permission to individual camp operators to vary temporarily from particular provisions in this section. The department may approve a variance under this paragraph that does not extend beyond March 31 of the year immediately following the year of approval if the camp operator indicates the extent of the variance in the application and demonstrates to the department that the variance is necessary for all of the following purposes:
1. Obtaining a beneficial use of an existing facility.
2. Preventing a practical difficulty or unnecessary hardship.
(b) The department may, upon written application by a camp operator and inspection by a migrant labor inspector of the department, grant written permission to a camp operator to permanently vary from the provisions of this section if all of the following apply:
1. The camp operator demonstrates to the department that the variance is necessary for the purposes specified in par. (a) 1. and 2.
2. Appropriate alternative measures have been taken that protect the health and safety of the occupants and serve the purpose of the provisions from which variance is sought.
(c) A variance shall not be effective until granted in writing by the department.
(8) HOUSING SITE.
(a) Housing sites shall be well drained and free from depressions in which water may stagnate.
(b) Housing shall not be subject to, or in proximity to conditions which create or are likely to create or attract insects or be subject to noise, traffic, or any similar hazardous condition.
(bm) The principal camp area in which food is prepared and served and where sleeping quarters are located shall be at least 500 feet from any area in which livestock is kept.
(c) Grounds within housing sites shall be free from debris, noxious plants, including poison ivy and uncontrolled weeds or brush.
(d) A housing site shall provide a space for recreation reasonably related to the size of the facility and type of occupancy.
(e) No mobile home unit may be located less than 10 feet from any other building, from the boundary line of the premises on which the mobile home unit is located, or from any street.
(f)
1. To ensure that a housing site is not subject to a hazardous condition arising from pesticide application, the camp operator shall do all of the following:
a. Make a written request for advance notice of aerial pesticide applications from persons who own or control immediately adjacent land, pursuant to s. ATCP 29.51 (2). Upon receipt of notice of an aerial pesticide application, the camp operator shall immediately give notice to occupants.
b. Provide to occupants advance notice of at least 24 hours of any pesticide application on any land adjacent to the camp which is owned or controlled by the camp operator. If the application date or time is changed so that the application will occur before or after the intended date or time specified in the original notice of application, a new notice shall be given as soon as possible prior to the application. In this subdivision, "land adjacent" means land within 250 feet of the housing site, including land separated from the migrant labor camp by a roadway.
3. Notice under subd. 1. shall be given in English and in the language of the occupants, if other than English, by posting a written statement on a camp bulletin board or at the location where the occupants report for work in a place where it can be easily seen by the occupants. The notice shall include all of the following:
a. The intended date and time of application.
b. The location of the land on which the pesticide is expected to be applied.
c. The trade or common name of the pesticide.
d. A statement from the pesticide label of the practical treatment for potential side effects, including emergency first aid measures and information for physicians on treatment of poisons.
(9) WATER SUPPLY.
(ag) Any migrant labor camp regulated as a public water system under ch. NR 809 shall comply with ch. NR 809 in addition to the requirements of this section.
(ar) An adequate and convenient supply of water safe for human consumption, as defined in s. NR 809.04(42m), shall be provided for the occupants. Water is considered safe for human consumption for purposes of this paragraph if all of the following apply:
1. A water sample obtained within the 3-month period prior to the date the camp is to be occupied has been found total coliform negative by a laboratory accredited under ch. NR 149 or approved by the U.S. environmental protection agency.
2. The water sample under subd. 1. has been analyzed by the laboratory specified in subd. 1. for nitrate concentration and found to contain a total nitrate nitrite level not exceeding the maximum contaminant level specified in NR 809.11(2). If the maximum contaminant level is exceeded, the department may issue a certificate to operate the migrant labor camp only if the camp operator demonstrates to the satisfaction of the department that the requirements of s. NR 809.11 (3) (a) to (e) are satisfied.
(d) Drinking fountains shall not be located in rooms containing toilet facilities.
(f) Camp operators shall arrange to have well water tested by a laboratory certified pursuant to s. NR 809.76 within 3 months before camp occupancy.
(g) Camp operators shall provide to the department the well construction reports for wells that are required under s. NR 812.10(11).
(10) EXCRETA AND LIQUID WASTE DISPOSAL.
(a) Facilities shall be provided and maintained for effective disposal of excreta and liquid waste in a manner that neither creates nor is likely to create a nuisance or a hazard to health.
(b) Raw or treated liquid waste shall not be discharged or allowed to accumulate on the ground surface of a migrant labor camp.
(c) If public sewer systems are available, all facilities for disposal of excreta and liquid wastes shall be connected thereto.
(d) If public sewers are not available, a subsurface septic tank, seepage system or other type of liquid waste treatment and disposal system shall be provided.
(11) HOUSING.
(a) Housing shall comply with all federal, state, and local residential and commercial building codes, including the Wisconsin commercial building code, and with all of the following:
2. Exits and means of escape are subject to sub. (21) (b) to (e) and (f).
3. Maintenance of facilities is subject to sub. (22).
(b) Housing shall have flooring that is constructed of rigid materials, smooth finished, readily cleanable, and so located as to prevent the entrance of ground and surface water.
(c) All of the following space requirements shall be met:
1. Each room used for sleeping purposes shall contain at least 50 square feet of floor space for each occupant.
2. In a room where workers cook, live, and sleep a minimum of 100 square feet per person shall be provided.
(cm) Only a single family may live in a one-family housing unit, except as approved by the department. A single family may include parents and their unmarried children, grandparents, unaccompanied married children, and dependent minor relatives. The department may allow other individuals to share a one-family housing unit with a family, taking into consideration the following factors:
1. Respect for the integrity of the migrant family.
2. Privacy of the occupants.
3. Preference of family members.
4. Relationship of the occupants.
5. Size of the unit.
6. Health and safety concerns.
7. The employer's justification.
8. Compliance with this chapter, s. 106.50, Stats., and other applicable law.
(d) Housing used for a family with one or more children over 6 years of age shall have a room or partitioned sleeping area for the parents. The partition shall be of rigid materials and installed so as to provide reasonable privacy.
(e) In dormitory accommodations a camp operator shall make available upon request curtains or partitions to permit reasonable privacy between individual sleeping units. A bunk bed shall be considered an individual sleeping unit.
(f) Separate sleeping accommodations shall be provided for all the members of each sex or for each family.
(fm) Partitions between living units in a multifamily shelter shall extend from the floor to the ceiling of the shelter.
(g) There shall be adequate and separate arrangements for hanging clothing and storing personal effects for each person or family.
(h) The floor area in each living unit shall have a minimum ceiling height of 7 feet.
(i) Each habitable room shall have at least one window or skylight opening directly to the out-of-doors that satisfies all of the following:
1. The minimum total window or skylight areas in each habitable room, including windows in doors, shall equal at least 10 percent of the usable floor area.
2. The total window area that opens shall equal at least 45 percent of the minimum total window or skylight area required under subd. 1.
(12) SCREENING.
(a) Windows and doors that are used for ventilation shall be protected with screening of not less than 16 mesh. This paragraph does not apply to doors in buildings that are cooled with air conditioning.
(b) All screen doors shall be tight fitting, in good repair, and equipped with self-closing devices.
(13) HEATING.
(a) All living quarters and service buildings shall be provided with permanently installed and operable heating equipment capable of maintaining a temperature of at least 68 degrees Fahrenheit.
(c) A stove or other source of heat utilizing combustible fuel shall be installed and vented in such a manner as to prevent fire hazards and a dangerous concentration of gases and shall comply with the Wisconsin commercial building code.
(e) If a solid or liquid fuel stove is used in a room with wood or other combustible flooring, the stove shall sit on a concrete slab, insulated metal sheet, or other fireproof material, extending at least 24 inches beyond the perimeter of the base of the stove.
(f) Any wall or ceiling within 24 inches of a solid or liquid fuel stove or a stovepipe shall be of fireproof material.
(g) A vented metal collar shall be installed in accordance with the manufacturer's specifications around a stovepipe, or vent passing through a wall, ceiling, floor, or roof.
(h) A heating system may have automatic controls only if the controls are installed in accordance with the manufacturer's specifications and the controls cut off the fuel supply upon failure or interruption of the flame or ignition, or whenever a predetermined safe temperature or pressure is exceeded.
(14) ELECTRICITY AND LIGHTING.
(a) All housing sites shall be provided with electric service.
(b) All habitable rooms, common use rooms, rooms containing toilet facilities, and other areas, including laundry rooms, hallways, and stairways, shall contain adequate ceiling or wall type light fixtures.
(d) Adequate lighting shall be provided for yard areas, and pathways to common use facilities.
(e) All electrical wiring and lighting fixtures shall be installed and maintained in a safe condition and shall comply with the provisions of ch. SPS 316.
(f) Common use facilities shall be provided with a light switch at the entrance door.
(g) Illumination of common use facilities shall be not less than 10 foot candles 30 inches above the floor.
(h) Public passageways, stairways, and exit doors shall be illuminated in accordance with the Wisconsin commercial building code.
(15) TOILETS.
(a) All rooms containing toilet facilities shall comply with the Wisconsin commercial building code, except that privies are not permitted.
(c) Urinals of the approved type shall be provided in toilets to be used by 10 or more males in the ratio of one per 40 males or fraction thereof.

Note: Par. (c) is amended eff. 1-1-2028 by CR 23-030 to read:

(c) Urinals installed in accordance with the manufacturer's specifications shall be provided in toilet facilities to be used by 10 or more males in the ratio of one per 25 males or fraction thereof.
(d) Except in individual family units, separate toilet facilities for men and women shall be provided and all of the following apply:
1. Toilet facilities for men and women that are in the same building shall be separated by a solid wall from floor to roof or ceiling.
2. Toilet facilities shall be distinctly marked "men" and "women" in English and in the language of the persons expected to occupy the housing or marked with easily understood pictures or symbols.
(e) Where common use toilet facilities are provided, an adequate and accessible supply of toilet tissue with holders shall be furnished.
(f) All common use toilet facilities shall be well lighted and ventilated and shall be clean and sanitary.
(g) Toilet seats shall be of impervious material or shall be well painted or varnished.
(h) All living quarters and service buildings shall be provided with toilet facilities that are located within 200 feet of each living unit.
(16) BATHING, LAUNDRY AND HANDWASHING.
(a) Bathing and handwashing facilities shall be supplied with adequate hot and cold water under pressure and shall be provided for the use of all occupants.
(b) Bathing and handwashing facilities shall be clean and sanitary and located within 200 feet of each living unit.
(c) There shall be a minimum ratio of showerheads as set forth in chs. SPS 361 and 362.

Note: Par. (c) is amended eff. 1-1-2028 by CR 23-030 to read:

(c) There shall be a minimum ratio of one showerhead per 8 occupants of a migrant labor camp.
(d) Showerheads shall be spaced at least 3 feet apart with a minimum of 9 square feet of floor space per showerhead or shall be placed in a commercially available 30-inch shower stall that has an area of at least 6.25 square feet.
(e) Floors of showers shall be constructed of nonabsorbent, nonskid materials and sloped to properly constructed floor drains.
(f) If common use shower facilities for both sexes are located in the same building, the facilities shall be separated by a solid opaque and nonabsorbent wall extending from the floor to ceiling or roof, and shall be plainly designated "men" or "women" in English and in the language of the persons expected to occupy the housing or marked with easily understood pictures or symbols.
(g) Adequate dry dressing space shall be provided in common use shower facilities.
(h) Except in individual family units, separate shower facilities shall be provided for each sex.
(i) Each shower unit for women shall be enclosed as a separate compartment.
(j) Each shower compartment shall be supplemented by an individual dressing compartment.
(k) Lavatories or equivalent units shall be provided in a ratio as set forth in ch. SPS 362.
(l) Mechanical or automatic washers that are supplied with adequate hot and cold water under pressure shall be provided for the use of all occupants in the ratio of one per 20 occupants.
(p) At least one laundry tray, tub, or sink shall be provided in each room that includes a washer.
(r) Dryers shall be provided for the use of all occupants in the ratio of one per 20 occupants.
(17) COOKING AND EATING FACILITIES.
(a) If workers or their families are permitted or required to cook in their individual unit, a space shall be provided and equipped for cooking and eating. The space shall be provided with all of the following:
1. A stove with an oven.
2. Adequate food storage shelves and a counter for food preparation.
3m. A refrigerator maintained at 40 degrees Fahrenheit or lower and a freezer maintained at zero degrees Fahrenheit or lower.
4. A table and chairs or equivalent seating and eating arrangements that are commensurate with the capacity of the unit.
5. Adequate lighting and ventilation.
6. An adequate sink with hot and cold water under pressure.
7. Floors that consist of nonabsorbent, easily cleaned materials.
(b) If workers or their families are permitted or required to cook and eat in a common facility, a room or building separate from the sleeping facilities shall be provided for cooking and eating. The room or building shall be provided with all of the following:
1. Stoves with an oven in a ratio of one stove to 10 persons or one stove to 2 families.
2. Adequate food storage shelves and a counter for food preparation.
3m. A refrigerator maintained at 40 degrees Fahrenheit or lower and a freezer maintained at zero degrees Fahrenheit or lower.
4. Tables and chairs or equivalent seating adequate for the intended use of the facility.
5. Adequate sinks with hot and cold water under pressure.
6. Adequate lighting and ventilation.
7. Floors that consist of nonabsorbent, easily cleaned materials.
(c) If central mess facilities are provided, the kitchen and mess hall shall be in proper proportion to the capacity of the housing and shall be separate from the sleeping quarters.
(d) Central mess facilities operated by or for the camp operator shall comply with all of the following:
1. The kitchen and dining room shall be separated from sleeping quarters and rooms containing toilet facilities.
2. No kitchen or dining room shall be used for sleeping purposes.
3. Kitchen and dining room tables and chairs or benches shall be so constructed as to be easily kept clean.
4. Table tops or coverings shall be smooth and free from cracks.
5. Dishes and utensils shall be of nontarnishable materials, free from cracks and easily cleaned.
6. Cooking utensils shall be stored on racks or suspended on hooks at least 12 inches above the floor.
7. The kitchen and dining room shall be swept daily.

Note: The department recommends using a sweeping compound that lays the dust.

8. The kitchen and dining room shall be scrubbed with hot soap suds or suitable detergent at least once a week.

Note: During rainy periods, the department recommends scrubbing more often than once a week.

9. Dining tables shall be washed with soap or suitable detergent and water after each meal.
10. Handwashing facilities shall be provided in kitchens and shall include hot and cold water under pressure, soap and individual toweling for use by kitchen personnel only.
11. Cooks and all food handlers shall be clean and wear clean clothing.
12. A sink with ample facilities for providing hot and cold water under pressure shall be provided for washing dishes and kitchen utensils.
13. All dishes and utensils shall be thoroughly scraped and shall be washed and scalded or disinfected.
14. All dishes and utensils shall be air dried.
15. All milk used shall either be adequately pasteurized, evaporated or powdered.
16. Perishable foods such as meats, milk, butter, eggs, and salads shall be kept under refrigeration not to exceed 40 degrees Fahrenheit.
17. Refrigerators shall be thoroughly washed with hot water and soap or suitable detergents at least once a week.
18. Nonperishable foods shall be stored in clean and rodent proof containers elevated above the floor.
19. The wall surface adjacent to cooking areas shall be of fire-resistant material and shall comply with the Wisconsin commercial building code.
(18) GARBAGE AND OTHER REFUSE.
(a) Durable, fly tight, rodent tight, and clean containers in good condition of a minimum capacity of 20 gallons, shall be provided adjacent to each housing unit for the storage of garbage and other refuse.
(b) Containers required under par. (a) shall be provided in a minimum ratio of 1 per 10 persons and shall be emptied when full, but not less than twice a week.
(d) The disposal of garbage and other refuse shall be in accordance with state and local law.
(19) INSECT AND RODENT CONTROL. Housing and facilities shall be free of insects, rodents and other vermin.
(20) SLEEPING FACILITIES.
(a) Sleeping facilities shall be provided for each person.
(b) Sleeping facilities shall consist of comfortable beds or bunks, and shall be provided with clean mattresses covered with a sanitized, waterproof material.
(bm) Sleeping facilities shall be spaced no closer than 36 inches both laterally and end-to-end and shall be elevated at least 12 inches from the floor.
(c) Any bedding provided by the camp operator shall be clean and sanitary.
(d) Sleeping facilities may not contain triple deck bunks.
(dm) The upper decks of bunk beds shall include guardrails that comply with 16 CFR 1213.3 (a).
(e) The clear space above the top of the lower mattress of a bunk bed and the bottom of the upper deck shall be a minimum of 27 inches.
(f) The distance from the top of the upper mattress to the ceiling shall be a minimum of 36 inches.
(g) Sleeping facilities may not contain beds used for double occupancy except in family accommodations.
(21) FIRE, SAFETY, AND FIRST AID.
(a) All buildings shall be constructed and maintained in accordance with applicable state or local fire and safety laws.
(b) Any family housing and housing units for less than 10 persons that are of one-story construction shall have 2 means of escape.
(c) Only one means of escape required under par. (b) may be a readily accessible window with space of not less than 24 by 24 inches that may be opened.
(d) All sleeping quarters intended for use by 10 or more persons, central dining facilities and common assembly rooms shall have at least 2 doors remotely separated so as to provide alternate means of escape to the outside or to an interior hall.
(e) Sleeping and common use rooms located on or above the second story shall comply with the state and local fire and building codes relative to multi-story dwellings and with all of the following:
1. On two-story buildings a modified class "A" type fire escape constructed of wood may be provided as a second exit serving not more than 8 persons.
2. The fire escape and its connectors shall be capable of supporting 100 pounds per square foot and shall be fastened to the building by through bolts of at least seven-eighth inch diameter and nuts and washers of at least 4 inch diameter.
(em)
1. Except as provided in subd. 3., a camp operator shall install portable smoke detectors approved by the underwriters laboratory in all of the following locations:
a. Except in the kitchen, within 6 feet of the doorway of each sleeping area of each housing unit.
b. In the basement of each housing unit.
c. At the head of any stairway on each floor level of each housing unit.
2. Each portable smoke detector required under subd. 1. shall be installed no closer than 3 inches and no farther than 12 inches from the ceiling, except a camp operator may follow a manufacturer's recommendation on the installation of a particular smoke detector in a different location if the camp operator provides the department's migrant labor inspector with proof of the manufacturer's installation recommendation at the time of the camp inspection.
3. This paragraph does not apply to buildings with permanently wired smoke detectors installed by a professional electrician at the time of construction.
(f) Exit lights and signs shall be provided in accordance with the Wisconsin commercial building code.
(g) Fire extinguishing equipment shall be provided in a readily accessible place located not more than 100 feet from each housing unit.
(h) Fire extinguishing equipment shall provide protection equal to a 2.5 gallon stored pressure or 5 gallon pump type water extinguisher.
(i) First aid facilities consisting of at least all of the following shall be provided in a ratio of one per 50 persons and shall be readily accessible for use at all times:
1. Sixteen adhesive bandages.
2. Two and a half yards of adhesive tape.
3. Ten antibiotic applications.
4. Ten antiseptic applications.
5. One breathing barrier.
6. One burn dressing.
7. Ten burn treatments.
8. One cold pack.
9. Two eye coverings with means of attachment.
10. One fluid ounce of eye skin wash.
11. Six hand sanitizers.
12. Two pairs of medical exam gloves.
13. One 2 inch by 4 yard roller bandage.
14. One 4 inch by 4 yard roller bandage.
15. One pair of scissors.
16. Two sterile pads.
17. Two trauma pads.
18. One triangular bandage.
19. Ten face masks.
(l) No flammable or volatile liquids or materials may be stored in or adjacent to rooms used for living purposes, unless needed for current household use.
(m) Agricultural pesticides and toxic chemicals may not be stored in the housing area.
(22) CAMP OPERATORS' AND OCCUPANTS' RESPONSIBILITIES.
(a) A camp operator or agent may establish reasonable rules relating to the responsibility of occupants as to migrant labor camp occupancy and care. A copy of all such rules shall be posted in the migrant labor camp where they can be easily seen by the occupants and shall be given to the occupants together with the work agreement. All such rules shall be written in English and the language of occupants if other than English.
(b) A camp operator or agent shall do all of the following:
1. Clearly explain to occupants their responsibilities under any rules established under par. (a).
2. At least once a week inspect the migrant labor camp area, structures, toilets, showers, and other facilities and ensure that each is maintained in a clean and orderly condition and that broken or damaged property is promptly repaired.
3. Designate an employee or other individual to maintain the grounds and common use facilities in a clean and orderly condition at least daily, except that in migrant labor camps occupied by 100 or more persons, the camp operator shall provide a full-time person or the equivalent to perform all duties required under this subdivision during the period that the migrant labor camp is occupied.
4. Designate an employee or other individual to be responsible for compliance with this paragraph and post the employee's or other individual's name with the copy of this section that is posted under sub. (24).
(c) Each occupant shall do all of the following:
1. Use the sanitary and other facilities furnished by the migrant labor camp.
2. Keep in a clean and orderly manner that part of the migrant labor camp and premises that the occupant occupies or uses.
3. Be responsible for the cleanliness of the dwelling units to which the occupant has been assigned and adjacent grounds.
4. Dispose of garbage and other refuse by placing it in containers provided for garbage and other refuse.
(23) INSPECTION.
(a) All migrant labor camps including individual dwelling units shall be opened to inspection by representatives of the department at all of the following times:
1. Normal daytime business hours for investigation of employers' records.
2. Between sunrise and sunset for investigation of all other matters.
(b) A migrant labor inspector of the department shall make the inspector's presence known to the camp operator or an adult member of the operator's immediate family or the person designated as responsible for compliance with this section and to any affected occupant before making an inspection.
(24) POSTING OF RULES. A copy of this section prepared by the department in English, and in the language of the occupants if other than English, shall be posted in the migrant labor camp or where the occupants report for work in a place easily seen by the occupants. The copy shall state where copies of the rules under this section may be obtained.

Wis. Admin. Code Department of Workforce Development DWD 301.07

Cr. Register, April, 1978, No. 268, eff. 5-1-78; emerg. am. (11) (c), eff. 1-5-79; am. Register, May, 1979, No. 281, eff. 6-1-79; am. (9) (a) and cr. (1) (cm) and (cn), Register, May, 1981, No. 305, eff. 6-1-81; cr. (8) (f), Register, October, 1982, No. 322, eff. 11-1-82; corrections in (4), (6) (e), (11) (a) 1., (13) (c), (14) (h), (15) (a) and (m), (16) (o), (17) (a) 6. and (d) 19. and (21) (f) made under s. 13.93(2m) (b) 7 and 14., Stats., Register, October, 1985, No. 358; am. (1), Register, March, 1986, No. 363, eff. 4-1-86; renum. from Ind 201.07 and am. (7), (9) (a) 2.a. and b., (b), (10) (d), (11) (c) (intro.), (h), (i) (intro.), (13) (a), (14) (e), (15) (a) to (c) (intro.), (f), (g), (m) (16) (L) (o) to (q) (17) (a) 6. and (21) r. (11) (bm), (cm), (cn), (gm), (13) (b), (d), (14) (c), (15) (c) 1., (i) to (L), (16) (m) and (n), Register, February 1993, No. 446, eff. 3-1-93, corrections made under s. 13.93(2m) (b) 5 and 7., Register, August, 1995, No. 476; renum. (1) to be (1) (a) and am., cr. (1) (b) to (f), (9) (e) and am. (16) (p), (20) (c), (21) (k) 1. and 2., Register, December, 1997, No. 504, eff. 1-1-98; correction in (14) (e) made under s. 13.93(2m) (b) 7, Stats., Register, December, 1997, No. 504; CR 07-018: r. (9) (b), (15) (b) and (c) 2., cr. (11) (cm) and (21) (em), am. (13) (a), r. and recr. (16) (c) and (k) Register December 2007 No. 624, eff. 1-1-08; corrections in (4), (6) (e), (11) (a) 1., (13) (c), (14) (h), (15) (a) and (21) (f) made under s. 13.93(2m) (b) 7, Stats., Register December 2007 No. 624; corrections in (4), (6) (e), (11) (a) 1., (13) (c), (14) (e) and (h), (15) (a), (16) (c) and (k), (17) (d) 19., (21) (f) made under s. 13.92(4) (b) 7, Stats., Register January 2012 No. 673.
Amended by, CR 23-030: r. and recr. (1) (title), renum. (1) (a) to (1) (a) and (ar) and am., cr. (1) (ag), (aw), am. (1) (c) to (f), cr. (1) (g), am. (2), renum. (3) to (1m) and am., am. (4), r. (5) (title), renum. (5) (a), (b), (c), (d) to DWD 301.015 (3), (4), (19), (22) and, as renumbered. am. (4), (22), renum. (6) (a) to (6) (ar) and am., cr. (6) (ag), am. (6) (b) (intro.), 2., 3., cons. (6) (c) and (d) and renum. to (6) (c) and am., r. (6) (e), am. (6) (f), (7) (a) to (c), cr. (8) (bm), am. (8) (c) to (e), renum. (8) (f) 1., 2., 3., (9) (a) (intro.), 1. to (8) (f) 1. (intro.) and a., b., 3. (intro.), (9) (ar) (intro.), 1. and am., r. (9) (a) 2. a., b., cr. (9) (ag), r. (9) (c), am. (9) (d), r. (9) (e), cr. (9) (f), (g), am. (10) (a), (b), renum. (11) (a) to (11) (a) (intro.) and am., r. (11) (a) 1., r. and recr. (11) (a) 2., am. (11) (a) 3., (b), (c) (intro.), (d), (e), renum. (11) (f) 1. to (11) (fm), am. (11) (i), (12), (13) (a), (c), (g), (h), (14) (b), (d), (h), (15) (a), (c), renum. (15) (d) to (15) (d) (intro.) and am., am. (15) (d) 1., 2., (e), (f), (h), r. (15) (m), am. (16) (a) to (d), (f), (i) to (k), cons. (16) (L) and (o) and renum. to (16) (L) and am., am. (16) (p), r. (16) (q), cr. (16) (r), am. (17) (a) (intro.), 1., r. (17) (a) 3., cr. (17) (a) 3m., am. (17) (a) 4., cr. (17) (a) 7., am. (17) (b) (intro.), r. (17) (b) 3., cr. (17) (b) 3m., am. (17) (b) 7., (d) (intro.) 1., 7., 8., 16., 19., am. (18) (a), cons. (18) (b) and (c) and renum. (18) (b) and am., am. (18) (d), cr. (20) (bm), (dm), am. (20) (e), (21) (title), (b), (c), (e), (em) 1. (intro.), a., 2., r. (21) (em) 4., am. (21) (f), (h), renum. (21) (i) to (21) (i) (intro.) and am., cr. (21) (i) 1. to 19., r. (21) (j), (k), am. (22) (a), (b), (c) (intro.), 1., 2., 4., renum. (23) (a) to (23) (a) (intro.) and am., cr. (23) (a) 1., 2., am. (23) (b), (24) Register January 2024 No. 817, eff. 2/1/2024, except am. (15) (c), (16) (c) effective 1/1/2028; correction in (6) (ag) 4. made under s. 35.17, Stats., Register January 2024 No. 817, eff. 2/1/2024