CHAPTER 251

An Act to amend the Code of Virginia by adding in Title 82 a chapter
numbered Chapter 26, and consisting of §§ 32-415 through 32-422,
relating to migrant labor camps, providing standards as to the manner
in which such camps shall be operated; providing minimum require-
ment as to sanitary facilities and segregation of the sexes at such
camps; authorizing the State Board of Health and local departments
of health to supervise and police such camps, permitting the State
Board of Health to provide rules and regulations applicable to such
camps; and providing penalties.

[S 192]

Approved March 14, 1962

Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia be amended by adding in Title 32 a chapter
numbered 26, and consisting of §§ 32-415 through 32-422, as follows:

Chapter 26

§ 32-415. (a) “Local department of health’ means the department
of health of any city, county or town in which a camp, as defined in this
chapter, is located.

(b) “Camp operator” means a person who has charge, care, or con-
trol of a camp which houses more than ten persons, one or more of whom is
a migrant worker as defined herein.

(c) “Garbage” means all putrescible animal and vegetable wastes
resulting from the handling, preparation, cooking, and consumption of
food at a camp.

(d) “Habitable room” means a room or enclosed floor space used or
intended to be used for living, sleeping, cooking, or eating purposes,
excluding bathrooms, water closet compartments, privies, laundries, pan-
tries, foyers, or communicating corridors, closets and storage spaces.

(e) “Migrant labor camp” hereinafter referred to as “camp”, means
and includes one or more structures, buildings, tents, barracks, trailers,
vehicles, converted buildings, and unconventional enclosure of living
spaces, reasonably contiguous, together with the land appertaining thereto,
established, operated or used as living quarters, for more than ten persons,
one or more of whom is a migrant worker as defined herein, engaged
in agricultural activities, including related food processing.

(f) “Migrant workers” means any person from within or outside
the State who passes seasonally from one place to another for the pur-
pose of employment, and who is not a year-round employee, and who
occupies living quarters other than his permanent home during the period
of such work.

(g) “Person” means and includes an individual or group of individ-
uals, firm, association, partnership or corporation.

(h) “Plumbing” means and includes all of the following supplied
facilities and equipment: water pipes, waste pipes, drains, vents, water
closets, sinks, lavatories, bathtubs, shower baths, laundry trays or tubs,
garbage disposal units, installed dishwashers, installed clothes washing
machines, catch basins, gas pipes, gas-burning equipment, and any other
similar supplied fixtures, together, with all connections to water systems,
sewerage systems or gas lines.

(i) “Refuse” means all putrescible and nonputrescible solid waste
except human body wastes, including garbage, rubbish and ashes.

(j) “Sanitary landfill’? means the controlled dumping of refuse on
land, compaction of this refuse into the smallest practicable volume, and
then the covering of it daily with an appropriate amount of earth.

(k) “Shelter” means any building of one or more rooms, tent, rail-
road car, trailer, or any other enclosure used for sleeping or quarters at
a camp.
(1) “Toilet facilities’ mean water closets, privies, urinals, chemical
toilets, and the rooms provided for installation of these units.

(m) “Sewage” shall mean all human excreta, laundry wash water,
kitchen sink waste, shower, bath and lavatory wash water, or the water
carried waste from any other fixture or equipment or machine.

(n) “Sewerage” means a system of sewers and appurtenances for
the collection, transportation, and disposal of sewage.

§ 32-416. (a) Each person who is planning to construct, substantially
remodel, or enlarge for occupancy or use, a camp or any portion or facility
thereof, or to convert a property for use or occupancy as a camp shall give
notice in writing of his intent to do so to the local board of health of the
county, city or town in which the camp is located or is to be located at least
thirty days before the date of beginning such construction, remodeling, en-
largement or conversion. The notice shall give the name of the city, town or
county in which the property is located, the location of the property
within that area, a brief description of the proposed construction, re-
modeling, enlargement or conversion, and the name and mailing address
of the verson giving the notice and his telephone number, if any. Upon
receipt of such notice, such local board of health shall forward a copy
of this chapter and any applicable regulations duly adopted hereunder
to the applicant.

(b) Each person now operating or intending to construct and operate
a camp or camps, shall make application for a permit for the operation
of each camp. Application for such permit shall be made to the local
Department of Health in writing on a form and in a manner prescribed
by State Board of Health, at least thirty days before such camp is to be
opened. A separate application shall be submitted for each camp site.
A separate permit shall be issued annually for each such camp. If, after
inspection, the local Department of Health finds that the camp or the
proposed operation thereof conforms, or will conform, to the minimum
standards required by these regulations it shall issue a permit for the
operation of the camp. This permit shall not be transferable and shall
expire on December thirty-first of each year. No camp shall be operated
without a permit. In the event that such Department of Health shall find
that the camp does not, or the proposed operations thereof will not, comply
with the requirements of these regulations, and the operation of the camp
will not create an imminent danger to the public health and safety, the
local Department of Health may. grant a provisional permit to operate
such a camp upon such terms, requirements, or conditions as the local
Department of Health may determine until the requirements of these
regulations are fully complied with, provided, however, that the term
of such provisional permit shall not exceed thirty days and shall not be
renewable.

(c) Revocation of the permit may be made at any time for failure
to comply with said rules and regulations after a hearing before the local
Department of Health. A written notice shall be given to the camp op-
erator of the intent to hold a hearing and the charges prompting the
hearing on revocation shall be stated in the notice. The operator has the
right of appeal to the State Board of Health.

A new permit shall be issued to the camp when it is in compliance with
the rules and regulations as set forth herein.

(d) The camp operator, as defined in this chapter, shall be responsible
for complying with all statutory requirements and regulations relating to
camps and with all conditions stated in the permit issued to him here-
under. The camp operator or his agent shall at least weekly inspect the
camp grounds, structures, toilets, showers, laundry, mess hall, kitchen
or any other facilities of the camp when occupied and see that each is main-
tained in a clean and orderly condition and that broken or damaged ele-
ments are repaired within a reasonable time. All suspected cases of com-
municable disease occurring in the camp shall be immediately reported to
the local Department of Health and the provisions of the communicable
disease regulations of the State Board of Health shall be followed.

(e) Every employee and occupant of a camp shall use the sanitary
and other facilities furnished for his convenience and shall comply with
all applicable camp regulations which may concern or affect his conduct.
Every occupant of a camp shall keep in a clean and sanitary condition
that part of the camp and premises which he occupies, and shall dispose
of all his rubbish and garbage in a clean and sanitary manner by placing
it in containers required by § 32-418.

§ 32-417. No camp shall be located in swamps or marshes or subject
to drainage from barnyards, outdoor toilets or other sources of filth.
Each camp shall provide suitable space for recreation where practicable.
The camp grounds shall be maintained in a clean, safe and sanitary con-
dition at all times. When the camp is vacated or closed for the season all
garbage, rubbish and other refuse shall be collected and disposed of as
required by these regulations. Camp grounds, buildings and facilities shall
be left in a clean and sanitary condition. All new camp sites hereafter
selected shall be located on well-drained ground.

§ 32-418. (a) An adequate and convenient supply of uncontami-
nated water shall be available at all times in each camp for drinking,
cooking, bathing, and laundry purposes. The location of water supply
outlets shall be no more than two hundred feet from any dwelling unit.
No common drinking cups or common towels shall be provided. If drinking
fountains are provided they shall be of sanitary design and construction
and shall be kept clean. When wells or springs are used as source of camp
water supply they shall be constructed and protected as required by the
State Board of Health.

(b) Separate toilet rooms containing water closets, chemical toilets
or privies shall be provided for each sex and shall be distinctly marked
“men” and “women” in English and the native language of the persons
occupying the camp. If the facilities for each sex are in the same build-
ing they shall be separated by solid walls or partitions extending from
the floor to the roof or ceiling. The minimum number of water closets,
chemical toilets or privy seats shall be one such unit for each twenty
persons. Wherever pit privies or chemical toilets are used they shall
be constructed in conformance with such regulations as the State Board
of Health may prescribe. All plumbing must conform to the standards
required by Chapter 24, Title 32, Code of Virginia. All toilet facilities
shall be readily accessible to the living quarters they are intended to
serve. All privies or latrines shall be located not more than two hundred
feet nor less than fifty feet from these quarters. Each water closet,
chemical toilet, or privy shall be provided with tight fitting hinged seat
lid. Each building or structure housing toilet facilities shall have a self-
closing door, adequate ventilation and lighting, and be provided with fly
screening. Where urinals are provided they shall be on the basis of one
for each thirty persons and shall comply with the standards prescribed
by Chapter 24, Title 32 of the Code of Virginia. All toilet facilities shall
be kept clean and sanitary at all times.

(c) (1) In every occupied camp wash basins shall be available in the
ratio of one for each twelve persons. One laundry tray or wash tub shall
be provided for each thirty persons occupying the camp.

(2) In every occupied camp facilities for bathing shall be provided
in the form of showers, installed tubs, or portable tubs. One bathing unit
consisting of either a showerhead, tub, or portable tub, shall be provided
for each fifteen persons.

(3) In every occupied camp facilities for heating water shall be made
available at all times for washing, bathing and laundry purposes.

(4) Where washrooms and bathrooms are provided, separate facilities
shall be available for each sex and shall be so designated. If the facilities
for each sex are in the same building they shall be separated by solid
walls or partitions extending from the floor to the roof or ceiling.

(5) The floors of such utility buildings shall be impervious to moisture
and sloped to drain. Floor drains or sloped floors to remove waste water
and facilitate cleaning shall be provided in all shower baths, shower rooms,
and laundry rooms.

Construction and maintenance of all plumbing must conform to
the standards prescribed by Chapter 24, Title 32, Code of Virginia.

d) In all camps hereafter constructed, connection shall be made to
public sewerage where such facilities are available. Where no public
sewerage is available for new camps, sewage disposal facilities shall be
installed in accordance with the regulations of the State Board of Health.
In all existing camps sewage disposal shall comply with the regulations
of the State Board of Health for the type of sewage disposal employed.

(e) In rooms used for living or sleeping purposes there shall be at
least one window opening to the outer air. The minimum total window
area shall be ten per centum of the floor area for all new construction.
Facilities shall be provided for hanging clothes.

All buildings and structures in the camps shall be constructed in a
safe manner with provisions against fire hazards and shall provide pro-
tection to the occupants against the elements. The roof and walls of each
building shall be of water-resistive construction. The floor of each room
shall be constructed of wood, concrete, asphalt or comparable material
sufficiently above ground level to avoid dampness. All walls, roofs and
floors shall be kept in safe repair. In all shelters hereafter constructed
or remodeled wooden floors shall be of planed tongue and groove lumber
and elevated not less than twelve inches above the average ground
level. Concrete or asphalt floors shall be elevated at least six inches above
the average ground level. In all shelters hereafter constructed or remodeled
each room designed for family use for sleeping purposes shall contain at
least one hundred square feet of floor space for each person sixteen years
of age or over. In dormitory or barrack type camps hereafter constructed
a minimum of fifty square feet of floor space shall be provided per person.
The minimum ceiling height shall be seven feet.

(f) In every occupied camp adequate sleeping facilities shall be avail-
able for each worker or member of his family. Such facilities shall consist
of beds, cots, or bunks and shall be elevated at least twelve inches from
the floor and spaced not closer than thirty-six inches laterally or end to
end. These facilities may be made of steel, wood, canvas or other sanitary
material and constructed so as to afford reasonable comfort to the occu-
pants. Between assignment to different persons, each bed, cot or bunk shall
be furnished with mattresses with clean covers or straw filled ticks, and
all ticking, covers, blankets, bed linen and mattresses provided by camp
operator shall be kept in a sanitary condition and laundered or otherwise
sanitized. Periodic inspections of beds and bedding shall be made to insure
freedom from vermin. When vermin are found or reported, effective
extermination measures shall be undertaken immediately. Sleeping quar-
ters for a group of people of one sex shall be separate from the sleeping
quarters occupied by a group of the opposite sex except in the housing
of families.

(g) All windows of living and sleeping quarters shall be effectively
screened during the fly season with fly screening material of at least six-
teen mesh per inch. All screen doors shall be equipped with self-closing
evices.

(h) Every camp shall provide and maintain safe, adequate artificial
illumination. In existing camps where electric service is provided: each
habitable room and other rooms which house or enclose eating or cooking
facilities, laundries, washrooms and toilets shall be provided with at
least one electric light outlet; stairways and halls shall be adequately
lighted; outside areas shall be provided with electric lighting to the
extent that all walkways and entrances to buildings are illuminated;
electric wiring shall be installed in accordance with the provisions of
the National Electrical Code; and in all shelters hereafter constructed or
remodeled each habitable room shall be provided with a minimum of one
celling-type light receptacle and one wall or floor electric convenience
outle

(i) Where central cooking facilities are operated in conjunction with
mess halls they shall be: constructed and maintained in accordance with
the regulations of the State Board of Health applicable to such mess
halls; separate from the sleeping quarters; floor, walls, ceilings, tables
and shelves of all kitchens, dining rooms, refrigerator and food storage
rooms shall be so constructed that they can always be maintained in
a clean and sanitary condition; the exterior wall openings of all dining
rooms, kitchens and food storage rooms shall be provided with fly
screening at all times when the camp is in operation; screen doors shall
have self-closing devices and open outward; adequate refrigeration fa-
cilities for storage of food shall be provided; and all dishes, glassware,
tableware, cutlery and kitchen utensils and equipment shall be ade-
quately cleansed, washed and disinfected after each use. The cooking
of meals by a family unit or individuals within its assigned quarters is
permitted, but only when walls and floors surrounding the cook stove have
been made safe from fire by the use of asbestos or other fire resistant
material extending at least twelve inches beyond the stove in each direction.

(j) Metal cans, with tightfitting covers, of at least twenty gallon
capacity shall be provided for storage of garbage and refuse. Whenever
these receptacles are full and at least twice a week the garbage and refuse
shall be collected. Provisions shall be made for disposing of garbage and
other refuse by incineration, grinding, incorporation in sanitary landfill
or burial at least eighteen inches below the ground surface. All waste
water, garbage and refuse shall be disposed of in a manner which is not
or does not become offensive or insanitary, and does not pollute the water
supply.
(k) Effective measures shall be taken to control rodents, flies, mos-
quitoes, bedbugs or other vermin within the camp premises.

(1) Fire protection equipment, fire fighting equipment and first aid
supplies shall be provided in such camps.

(m) Dormitory sleeping quarters, central dining rooms and common
assembly rooms shall have at least two exits.

§ 32-419. The State Board of Health and the local board of health
shall have the right to enter any migrant labor camp at reasonable hours
to determine whether the provisions of this chapter are being complied
wi

§ 82-420. The State Board of Health may make rules and regulations
governing such camps in accordance with the provisions of Chapter 1.1
of Title 9 of the Code of Virginia. Such rules shall be designed to protect
the public health.

§ 32-421. In addition to any other remedy provided by law the State
Board of Health or the local Department of Health may apply to any
court of record having jurisdiction for relief by injunction.

§ 32-422. Any violation of the provisions of this chapter or failure
to comply with any rules and regulations promulgated hereunder shall
be a misdemeanor. Each day of such violation shall be a separate offense
and punished as such.

2. If any section, subsection, sentence, part or application of this act
be held unconstitutional by a court of last resort, such holding shall not
affect any other section, sentence, part or application which can be given
effect without the part so held invalid.

3. This act and rules and regulations adopted hereunder shall apply as
of July one, nineteen hundred sixty-two to migrant labor camps estab-
lished for the first time on or after that date, but as to any such camp in
existence on that date this act and such rules and regulations shall not
apply until January one, nineteen hundred sixty-three.