CHAPTER 16 ‑ MIGRANT HOUSING

 

SECTION .0100 ‑ GENERAL

 

13 NCAC 16 .0101             PURPOSE

This Chapter sets forth the rules of procedure for implementing G.S. 95, Article 19, Migrant Housing Act of North Carolina.

 

History Note:        Authority G.S. 95-4(2); 95-222; 95‑224; 95-227;

Eff. June 1, 1991;

Amended Eff. July 1, 1998.

 

13 NCAC 16 .0102             FORMS

 

History Note:        Authority G.S. 95‑227; 150B‑11;

Eff. June 1, 1991;

Repealed Eff. July 1, 1998.

 

13 NCAC 16 .0103             DEFINITIONS

The term "Department" shall mean the Department of Labor of North Carolina.

 

History Note:        Authority G.S. 95-4(2);

Eff. July 1, 1998.

 

SECTION .0200 ‑ INSPECTIONS

 

13 NCAC 16 .0201             PREOCCUPANCY INSPECTIONS

(a)  Following the filing of an "application for inspection" by an operator, the Department shall contact the operator, at which time, the Department shall provide information regarding the inspection of the migrant housing facility.

(b)  During an inspection, the Commissioner or assigned designees may take measurements, samples, photographs, videos, conduct interviews or employ other reasonable investigative techniques.

(c)  The migrant housing operator or representative shall be afforded an opportunity to provide pertinent information regarding conditions in the housing.

(d)  At the conclusion of an inspection, the Commissioner or assigned designees shall provide a written statement of any identified health or safety violation(s) to the migrant housing operator or representative.

 

History Note:        Authority G.S. 95-4(2); 95‑226; 95-227;

Eff. June 1, 1991;

Amended Eff. July 1, 1998.

 

13 NCAC 16 .0202             MIGRANT HOUSING CERTIFICATE

(a)  If no violations are identified during the preoccupancy inspection, the Department shall issue a migrant housing certificate to the operator.

(b)  Upon notification of any violations, the operator shall correct the violation(s) and so certify on the form supplied by the Department.  The operator shall provide any access or information requested by the Department to verify that the identified violations have been abated.  When the violative conditions are corrected, the Department shall issue a migrant housing certificate to the operator.

(c)  Except as provided in G.S. 95-226(d) and (e), no migrant housing shall be occupied prior to the receipt and posting, in a place accessible to all migrants, of a migrant housing certificate.

 

History Note:        Authority G.S. 95-4(2); 95‑136(g); 95‑226; 95‑227;

Eff. June 1, 1991;

Amended Eff. July 1, 1998.

 

13 NCAC 16 .0203             CERTIFICATION DENIED

13 NCAC 16 .0204             CONTESTING DENIAL

13 NCAC 16 .0205             ISSUANCE OF CERTIFICATES

13 NCAC 16 .0206             POSTING REQUIREMENTS

13 NCAC 16 .0207             REPEAT PREOCCUPANCY VISITS

13 NCAC 16 .0208             ENFORCEMENT VISITS

 

History Note:        Authority G.S. 95‑136(g); 95‑226; 95‑227; 150B-23;

Eff. June 1, 1991;

Repealed Eff. July 1, 1998.

 

SECTION .0300 ‑ PROVISIONAL OCCUPANCY

 

13 NCAC 16 .0301             PROVISIONAL OCCUPANCY

13 NCAC 16 .0302             PROVISIONAL OCCUPANCY DENIED

13 NCAC 16 .0303             INSPECTION OF PROVISIONALLY OCCUPIED HOUSING

 

History Note:        Authority G.S. 95‑136(g); 95‑225; 95‑226; 95‑227; 130A‑337;

Eff. June 1, 1991;

Repealed Eff. July 1, 1998.

 

SECTION .0400 - ENFORCEMENT

 

13 NCAC 16 .0401             ENFORCEMENT INSPECTIONS

Enforcement inspections shall be conducted in accordance with G.S. 95-227 and applicable 13 NCAC 7 rules.

 

History Note:        Authority G.S. 95-4(2); 95-227;

Eff. July 1, 1998.

 

13 NCAC 16 .0402             CITATIONS AND PENALTIES

Pursuant to G.S. 95-227, citations and penalties for violating the provisions of this Chapter or G.S. 95, Article 19 shall be issued in accordance with G.S. 95-137 and G.S. 138(a).

 

History Note:        Authority G.S. 95-4(2); 95-227;

Eff. July 1, 1998.

 

SECTION .0500 - APPEALS

 

13 NCAC 16 .0501             APPEALING NON-ISSUANCE OF A MIGRANT HOUSING CERTIFICATE

An operator who is denied a migrant housing certificate requested pursuant to G.S. 95-226 may, within 15 days of the denial, request that the Commissioner, or his designee, review the decision.  The Commissioner's decision may be appealed in accordance with Article 3 of G.S. 150B.

 

History Note:        Authority G.S. 95-4(2); 95‑227;

Eff. July 1, 1998.

 

13 NCAC 16 .0502             APPEALING VIOLATIONS OF THIS CHAPTER AND/OR G.S. 95, ARTICLE 19

Citations and penalties issued pursuant to this Chapter may be contested in accordance with G.S. 95-137 as provided in G.S. 95-227.

 

History Note:        Authority G.S. 95-4(2); 95-227;

Eff. July 1, 1998.