§ 1823. — Safety and health of housing.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 29USC1823]
TITLE 29--LABOR
CHAPTER 20--MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION
SUBCHAPTER II--MIGRANT AGRICULTURAL WORKER PROTECTIONS
Sec. 1823. Safety and health of housing
(a) Compliance with substantive Federal and State safety and health
standards
Except as provided in subsection (c) of this section, each person
who owns or controls a facility or real property which is used as
housing for migrant agricultural workers shall be responsible for
ensuring that the facility or real property complies with substantive
Federal and State safety and health standards applicable to that
housing.
(b) Certification that applicable safety and health standards met;
posting of certificate of occupancy; retention of certificate
and availability for inspection and review; occupancy prior to
inspection
(1) Except as provided in subsection (c) of this section and
paragraph (2) of this subsection, no facility or real property may be
occupied by any migrant agricultural worker unless either a State or
local health authority or other appropriate agency has certified that
the facility or property meets applicable safety and health standards.
No person who owns or controls any such facility or property shall
permit it to be occupied by any migrant agricultural worker unless a
copy of the certification of occupancy is posted at the site. The
receipt and posting of a certificate of occupancy does not relieve any
person of responsibilities under subsection (a) of this section. Each
such person shall retain the original certification for three years and
shall make it available for inspection and review in accordance with
section 1862 of this title.
(2) Notwithstanding paragraph (1) of this subsection, if a request
for the inspection of a facility or real property is made to the
appropriate State or local agency at least forty-five days prior to the
date on which it is occupied by migrant agricultural workers and such
agency has not conducted an inspection by such date, the facility or
property may be so occupied.
(c) Applicability to providers of housing on a commercial basis to the
general public
This section does not apply to any person who, in the ordinary
course of that person's business, regularly provides housing on a
commercial basis to the general public and who provides housing to
migrant agricultural workers of the same character and on the same or
comparable terms and conditions as is provided to the general public.
(Pub. L. 97-470, title II, Sec. 203, Jan. 14, 1983, 96 Stat. 2591.)
Section Referred to in Other Sections
This section is referred to in section 1812 of this title.
