Texas Register, Volume 30, Number 43, Pages 6973-7094, October 28, 2005 Page: 6,988
6973-7094 p. ; 28 cm.View a full description of this periodical.
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(5) Fire extinguishing equipment shall be provided in an
accessible place located within 100 feet from each facility. Such equip-
ment shall provide protection equal to a 2 1/2 gallon stored pressure
of five gallon pump type water extinguisher.
(6) First aid supplies shall be provided and be accessible
at all times. The supplies shall be equivalent to the 16 unit first aid kit
recommended by the American Red Cross, and shall be provided in a
ratio of one to 50 persons. First aid kits shall be distributed and placed
conspicuously throughout the migrant labor housing facility.
(7) Flammable or volatile liquids or materials, except those
needed for household use other than use as fuel, shall not be stored in
or adjacent to rooms used for living purposes.
(8) Agricultural pesticides and toxic chemicals other than
those commonly regarded as being for household use, such as cleaning
agents, shall not be stored within the facility site. Any pesticide or
other toxic materials, and any potentially hazardous implements or
equipment, kept within 500 feet of the facility site shall be stored in a
secure, locked enclosure.
90.3. Licensing.
(a) Texas Government Code, 2306.922 requires the licensing
of migrant labor housing facilities.
(b) Any person who wants to apply for a license to operate
a facility may obtain the application form from the Department. The
required form is in 90.8 of this chapter.
(c) An application must be submitted to the Department at
least 45 days prior to the intended operation of the facility, but no
more than 60 days.
(d) The fee for a license is $250, and the license is valid for
one year unless sooner revoked or suspended.
(e) Fees shall be tendered by check or money order payable
to the Texas Department of Housing and Community Affairs. If any
check or other instrument given in payment of a licensing fee if re-
turned for any reason, any license that has been issued in reliance upon
such payment being made is null and void.
(f) A fee, when received in connection with an application is
earned and is not subject to refund.
(g) Within 30 days of the receipt of a complete application and
fee, the facility shall be inspected by an authorized representative of
the Department. Inspections shall be conducted during business hours
on business days.
(h) The person performing the inspection on behalf of the De-
partment shall prepare a report of findings of that inspection.
(1) If the person performing the inspection finds that the
migrant labor housing facility, based on the inspection, will be in com-
pliance with 90.2 of this chapter, and the Director finds that there is
no other impediment to licensure, the license will be issued.
(2) If the person performing the inspection finds that al-
though one or more deficiencies were noted that will require timely
corrective action which may be confirmed by the operator without need
for re-inspection, and the Director finds that there is no other impedi-
ment to licensure, the license will be issued subject to such conditions
as the Director may specify. The applicant may, by signed letter, agree
to these conditions, request a re-inspection within 60 days from the
date of the Director's letter advising of the conditions, or treat the Di-
rector's imposing of conditions as a denial of the application.
(3) If the person performing the inspection finds that al-
though one or more deficiencies were noted that will require timelycorrective action, the deficiencies are of such a nature that a re-inspec-
tion is required, the applicant shall address these findings and advise
the inspector, within 60 days from the date of written notice of the
findings, of a time when the facility maybe re-inspected. If the results
of the re-inspection are satisfactory and the Director finds that there is
no other impediment to licensure, the license will be issued.
(4) If the person performing the inspection finds that the
migrant labor housing facility is in material non-compliance with 90.2
of this chapter or that one or more imminent threats to health or safety
are present, the Director may deny the Application.
(i) If the Director determines that an application for a license
ought to be granted subject to one or more conditions, the Director
shall issue an order accompanying the license, and such order shall:
(1) Be clearly incorporated by reference on the face of the
license;
(2) Specify the conditions and the basis in law or rule for
each of them; and
(3) Such conditions may include limitations whereby parts
of a migrant labor housing facility may be operated without restriction
and other parts may not be operated until remedial action is completed
and documented in accordance with the requirements set forth in the
order.
() Correspondence regarding an application should be
addressed to: Texas Department of Housing and Community Affairs,
Attention: Migrant Labor Housing Facilities, PO BOX 12489,
AUSTIN, TX 78711-2489
(k) Within 14 days of the date of receipt of an application and
license fee, the Department shall issue a written notice informing the
applicant that the application is complete and accepted for filing, or, if
the application is deficient, a letter specifying what is else needed in
order to process the application.
(1) An applicant or licensee that wishes to appeal any order
of the Director, including the appeal of a denial of an application for
a license or an election to appeal the imposing of conditions upon a
license, may appeal such order by sending a signed letter to the Di-
rector within 30 days from the date specified on such order, indicating
the matter that they wish to appeal.
90.4. Records.
(a) Each licensee shall maintain on premises, available for in-
spection by the Department, the following records:
(1) Copies of all correspondence to and from the Depart-
ment. This shall include the current designation of each Operator;
(2) A current list of the occupants of the facility and the
date that the occupancy of each commenced;
(3) Documentation establishing that all bedding facilities
were sanitized prior to their being assigned to the current occupant;
and
(4) Copies of any and all required federal, state, or local
approvals and permits, including but not limited to any permits to op-
erate a waste disposal system or a well or other water supply, and any
correspondence or from such approving or permitting authorities.
(b) All such records shall be maintained for a period of at least
two years.
90.5. Complaints.
(a) If the Department receives any complaint, it shall investi-
gate it by appropriate means, including the conducting of a complaint30 TexReg 6988 October 28, 2005 Texas Register
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Texas. Secretary of State. Texas Register, Volume 30, Number 43, Pages 6973-7094, October 28, 2005, periodical, October 28, 2005; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth97316/m1/15/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.