3701-33-06 Excreta and liquid waste disposal.

 

 

 

Rule Summary and Fiscal Analysis (Part A)

 

Department of Health

Agency Name

 

Kaye Norton

Division                                                                  Contact

 

246 North High Street Columbus OH 43215-0000       614-644-8184

Agency Mailing Address (Plus Zip)                                       Phone                     Fax

 

[e-mail]

Email

 

 

 

3701-33-06

Rule Number

NEW

TYPE of rule filing

Rule Title/Tag Line              Housing site and units.

RULE SUMMARY

1.  Is the rule being filed for five year review (FYR)? No

2.  Are you proposing this rule as a result of recent legislation? No

3.  Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 119.03

4.  Statute(s) authorizing agency to adopt the rule: 3733.42

5.  Statute(s) the rule, as filed, amplifies or implements: 3733.42, 3733.43, 3733.431, 3733.44, 3733.45, 3733.46, 3733.47, 3733.471, 3733.48

6.  State the reason(s) for proposing (i.e., why are you filing,) this rule:

Required 5-year Rule Review. There are many farms throughout Ohio that rely on migrant workers to assist with tasks during the growing season. If a farm utilizes these migrant workers, it is common practice to provide housing for them during the time they are employed. However, since there can be a relatively large concentration of people in a small area for a short period of time there is a potential for the spread of disease or illness if living conditions are not maintained in a satisfactory condition. This entire rule set regulates the Agricultural Labor Camp

operators in Ohio and helps protect the migrant workers living in these facilities, as well as the general public, against the spread of disease.

7.  If the rule is an AMENDMENT, then summarize the changes and the content of the proposed rule; If the rule type is RESCISSION, NEW or NO CHANGE, then summarize the content of the rule:

Chapter 3701-33 rules have been rearranged and condensed; therefore, this rule is considered new. This rule requires the operator to keep the housing site and housing units in a clean and sanitary condition. It requires the camp to be established away from areas with poor drainage or that are subject to flooding, and conditions that create odors or traffic. The housing units are to be constructed with floors, walls and ceilings that are easy to clean. They cannot be over crowded. The operator must provide beds, and if cooking is allowed, appliances in each unit. The biggest change to this rule is that operators will be required to provide hot and cold running water to each housing unit and provide at least a handwashing sink.

8.  If the rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections

121.71 to 121.74 of the Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons:

This rule cites several Revised Code chapters and Section 3280.104 of the Code of Federal Regulations. The O.R.C. and C.F.R. are generally available in libraries and on the internet to persons who reasonably can be expected to be affected by the rule.

9.  If the rule incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material electronically, provide an explanation of why filing the text or other material electronically was infeasible:

Pursuant to R.C. 121.75 and 121.76, the cited materials are exempted from inclusion in this filing.

10.  If the rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation of why filing the text or other material was infeasible:

Not Applicable.

11.  If revising or refiling this rule, identify changes made from the previously filed version of this rule; if none, please state so. If applicable, indicate each specific paragraph of the rule that has been modified:

June 12, 2016 - This rule is revise filed at JCARR's recommendation to add a date to the CFR citation in paragraph (A)(18)(b).

12.  Five Year Review (FYR) Date:

(If the rule is not exempt and you answered NO to question No. 1, provide the scheduled review date. If you answered YES to No. 1, the review date for this rule is the filing date.)

NOTE: If the rule is not exempt at the time of final filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review date for No Change rules.

FISCAL ANALYSIS

13.  Estimate the total amount by which this proposed rule would increase / decrease either revenues / expenditures for the agency during the current biennium (in dollars): Explain the net impact of the proposed changes to the budget of your agency/department.

This will have no impact on revenues or expenditures.

$0.00

Not applicable

14.  Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule:

Not applicable

15.  Provide a summary of the estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency:

The estimated costs to comply with this rule is between $51, 901 (single unit with bathroom) to $250,000 (43 bed dorm with kitchen and showers) when building a new facility (based on information provided by camp operators who recently built some new facilities). Existing camps would have to come into compliance and

provide water to each housing unit within 5 years of the effective date of this rule. It will cost about $500 to install a hand wash sink in each housing unit (Lowe#s Home Improvement). All other costs are minimal ongoing costs for maintenance.

16.  Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? No

17.  Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in R. C. 121.39? No

S.B. 2 (129th General Assembly) Questions

18.  Has this rule been filed with the Common Sense Initiative Office pursuant to

R.C. 121.82? Yes

19.  Specific to this rule, answer the following:

A.) Does this rule require a license, permit, or any other prior authorization to engage in or operate a line of business? No

B.) Does this rule impose a criminal penalty, a civil penalty, or another sanction, or create a cause of action, for failure to comply with its terms? No

C.) Does this rule require specific expenditures or the report of information as a condition of compliance? No