|(a) Facilities must follow the appropriate housing
standard as defined in 29 CFR §500.132, (the Employment and Training
Administration (ETA) and Occupational Safety and Health Administrations
(OSHA) housing standards also referred to as the "ETA and OSHA Housing
Standards"). The inspection checklists setting forth those standards
are available on the Department's website at https://www.tdhca.state.tx.us/migrant-housing/index.htm.
(b) Inspections of the Facilities of applicants for
a License and Licensees may be conducted by the Department under the
authority of Tex. Gov't Code §2306.928 upon reasonable notice
and using the appropriate inspection forms noted in subsection (a)
of this section. Inspections may be conducted by other State or Federal
agencies, on behalf of the Department, on forms promulgated by those
(c) In addition to the standards noted in subsection
(a) of this section, all Facilities must comply with the following
additional state standards:
(1) Facilities shall be constructed in a manner to
insure the protection of Occupants against the elements. Facilities
shall be maintained in good repair and in a sanitary condition. All
doors to the exterior shall have working locks and all windows shall
have working interior latches. Each unit shall have a working smoke
detector. Fire extinguishing equipment shall be provided in an accessible
place located within 100 feet from each Facility. Such equipment shall
provide protection equal to a 2 1/2 gallon stored pressure of five
gallon pump type water extinguisher.
(2) Combined cooking, eating, and sleeping arrangements
must have at least 100 SF per person (aged 18 months and older); the
portion of the Facility for sleeping areas must include at least 50
SF per person.
(3) Facilities for Families with children must have
a separate room or partitioned area for adult Family members.
(4) In dormitory-type facilities, separate sleeping
accommodations shall be provided for each sex. In Family housing units,
separate sleeping accommodations shall be provided for each Family
(5) Facilities previously used to mix, load, or store
pesticides and toxic chemicals may not be used for cooking, dishwashing,
eating, sleeping, housing purposes, or other similar purposes.
(6) In a central mess or multifamily feeding operation,
the kitchen and mess hall shall be constructed in accordance with
any applicable local or state rules on food services sanitation.
(7) Beds, bunks, or cots shall have a clear space of
at least 12 inches from the floor. Triple-deck bunks shall be prohibited.
Single beds shall be spaced not closer than 36 inches laterally or
end to end. Bunk beds shall be spaced not less than 48 inches laterally
or 36 inches end to end. There shall be a clear ceiling height above
a mattress of not less than 36 inches. The clear space above the lower
mattress of the bunk beds and the bottom of the upper bunk shall not
be less than 27 inches.
(8) Communal bathrooms shall have a minimum of one
showerhead per 10 persons and one lavatory sink per six persons. Showerheads
shall be spaced at least three feet apart to insure a minimum of nine
square feet of showering space per showerhead.
(9) In all communal bathrooms separate shower stalls
shall be provided.
(10) Mechanical clothes washers shall be provided in
a ratio of one per 50 persons. In addition to mechanical clothes washers,
one laundry tray per 100 persons shall be provided. In lieu of mechanical
clothes washers, one laundry tray or tub per 25 persons may be provided.
(11) All Facility sites shall be provided with electricity.
The electrical systems shall conform to all applicable codes and shall
be sufficient to provide the electricity with sufficient amperage
to operate all required and available features, including but not
limited to lighting, stoves, hot water heaters, heating systems, portable
heaters, refrigeration, and such other devices as may be connected
to wall type convenience outlets.