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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 265GENERAL SANITATION
SUBCHAPTER CMIGRANT LABOR HOUSING FACILITIES
RULE §265.33Site and Physical Facilities

(a) Facility site.

  (1) Facility sites shall be well drained and free from depressions in which water may stand. Natural sinkholes, pools, swamps, or other surface collectors of water within 200 feet of the periphery of the site shall be drained, filled, or treated to prevent mosquito breeding.

  (2) Facility sites shall not be subject to conditions which create offensive odors, flies, noise, traffic, fire, safety, flooding, overcrowding, or similar hazards.

  (3) Grounds within the facility site shall be free from debris, noxious plants (poison ivy, etc.) uncontrolled weeds, or brush.

  (4) Facility sites shall have recreation space for the facility occupants based on the maximum facility capacity.

  (5) Facility sites shall be located at least 500 feet from livestock feeding pens.

  (6) The housing site shall not be subject to periodic flooding or located so the drainage from and through the site will endanger any domestic or public water supply.

(b) Water supply.

  (1) A water supply which meets the provisions of Health and Safety Code, Chapter 341, and the Texas Commission on Environmental Quality's public drinking water standard, Texas Administrative Code, Title 30, Part 1, Chapter 290, Subchapter F, §§290.101 - 290.115, 290.117 - 290.119, and 290.121 and 290.122 (relating to Drinking Water Standards Governing Drinking Water Quality and Reporting Requirements for Public Water Systems), shall be available at all times in each facility.

  (2) When the water supply does not meet the standards, notice shall be given to facility occupants and posted in a conspicuous location in the facility site. Approved bottle water shall be provided to the occupants.

  (3) Facilities shall be connected to an existing public water supply system, if available.

  (4) Adequate arrangements for provision of hot water for bathing, laundering, culinary, and dishwashing purposes shall be available in all facility sites.

  (5) Facility sites shall provide water under pressure (a minimum of 20 psi and a minimum static of 35 psi) to each living arrangement and utility building.

  (6) In common use arrangements, dining halls, recreation, and meeting rooms, drinking fountains shall be provided for each 100 occupants or fraction thereof and shall meet American National Standards Institute standards, "Specification for Drinking Fountains 2.4.2-1942."

(c) Excreta and liquid waste disposal.

  (1) Arrangements shall be provided and maintained for effective sewage disposal. Raw or treated liquid waste shall not be discharged or allowed to accumulate on the ground surface.

  (2) Arrangements for disposal of excreta and liquid waste shall be connected to a public sewer system, if available.

  (3) All other disposal systems, (septic tanks, liquid waste treatment, privies, or portable toilets) shall be constructed and maintained as required by the Texas Department of Health.

  (4) Portable toilet rooms not ventilated by mechanical means shall be provided with adequate screened ventilation openings.

(d) Facilities.

  (1) Facilities shall be constructed in a manner to insure the protection of occupants against the elements. Facilities shall be in good repair and maintained in a sanitary condition.

  (2) Facilities shall have flooring constructed of smooth finished, rigid materials and be readily cleanable. The flooring shall be located to prevent entrance of ground or surface water into the facility.

  (3) In living arrangements utilized for combined cooking, eating, and sleeping purposes, no less than 100 square feet of floor space shall be provided for each occupant over 18 months of age. Rooms used for sleeping purposes only shall provide at least 50 square feet of floor space for each intended occupant.

  (4) Facilities utilized by families with children shall have a separate room or partitioned sleeping area for the husband and wife. The partition shall provide privacy.

  (5) 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 unit.

  (6) Adequate, separate arrangements for each person or family to hang clothes and store personal effects shall be provided.

  (7) The total floor area of each habitable room in a facility shall have a minimum ceiling height of seven feet.

  (8) Each habitable room (not including partitioned areas) shall have at least one window or skylight opening directly to the outside. The minimum total window or skylight area, including windows and doors, shall equal at least 10% of the usable floor area. The total openable area shall equal at least 45% of the minimum window or skylight area required, except where comparable adequate ventilation is supplied by mechanical or some other method.

  (9) Facilities previously used to mix, load, or store pesticides and toxic chemicals shall not be used for housing purposes.

(e) Cooking and eating arrangements.

  (1) When workers or their families cook in their individual units, space shall be provided and equipped for cooking and eating. Such space shall be provided with:

    (A) a cookstove with a minimum of four burners;

    (B) adequate food storage shelves and a counter for food preparation;

    (C) provisions for mechanical refrigeration of food at a temperature of not more than 45° F;

    (D) eating arrangements (table and chairs or equivalent) commensurate with the maximum capacity of the unit; and

    (E) adequate sinks with hot and cold water under pressure;

    (F) adequate lighting and ventilation.

  (2) When workers or their families cook and eat in a communal room or building separate from their sleeping accommodations, the room or building shall be provided with:

    (A) a stove with a minimum of four burners, in a ratio of one stove to 10 persons, or one stove to two families;

    (B) adequate food storage shelves and a counter for food preparation;

    (C) mechanical refrigeration for food at a temperature of not more than 45° F;

    (D) eating arrangements (tables and chairs or equivalent) commensurate with the intended use of the room or building;

    (E) adequate lighting and ventilation; and

    (F) nonabsorbent floors of easily cleanable materials.

  (3) In a central mess or multifamily feeding operation, the kitchen and mess hall shall be constructed in accordance with department rules on food services sanitation, §§229.161 - 229.171 of this title (relating to Food Service Sanitation), and:

    (A) shall be a size in proper proportion to the facility capacity and separate from the sleeping quarters;

    (B) floors, walls, ceiling, tables, and shelves of all kitchens, dining rooms, refrigerators, and food storage rooms shall be maintained in a clean, sanitary condition;

    (C) the exterior wall opening of all dining rooms shall be screened and rendered fly-tight during the period of facility operation;

    (D) screen doors shall be self-closing and installed to open outward from the area to be protected.

(f) Sleeping arrangements.

  (1) Sleeping arrangements (beds, metal frame cots, or bunks complete with springs, mattresses, and mattress covers) in good repair shall be provided for facility occupants. Sleeping arrangements shall be cleaned and maintained in a sanitary condition.

  (2) Mattresses and mattress covers shall be laundered and sanitized between assignment to different occupants.

  (3) Beds, bunks, or cots shall have a clear space of at least 12 inches from the floor. Triple-deck facilities 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.

(g) Heating.

  (1) All living quarters and service rooms shall be provided with properly installed, operable heating equipment that maintains a temperature of at least 68 degrees Fahrenheit.

  (2) All heating systems shall be fail safe in case of failure or interruption of the power or fuel source.

  (3) All walls or ceilings within 18 inches of the stovepipe of a solid or liquid fuel stove shall be of fireproof material.

Cont'd...

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