Section 82.1. Definitions

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

Act—The Seasonal Farm Labor Act (43 P. S. § § 1301.101—1301.606).

Central kitchen—The area in which a person designated by the employer or farm labor contractor is to be responsible for the preparation, cooking and storage of food for more than their immediate family.

Communal kitchen—The area intended for the use of more than one family or person for preparation, cooking and storage of food.

Communicable disease—An illness due to a specific infectious agent or its toxic products which arises through transmission of that agent or its products from a reservoir to a susceptible host, either directly as from an infected person or animal or indirectly through an intermediate plant or animal host or vector or the inanimate environment.

Department—The Department of Environmental Resources of the Commonwealth, or its designated agent.

Domicile—A place of residence at which a person intends to remain for an unlimited time and which the person considers to be the person’s permanent home.

Employer—An individual, firm, partnership, association, trust, corporation, receiver or other officer of a court of the Commonwealth and a person or group of persons acting directly or indirectly in the interest of an employer in relation to an employe employing or permitting to work a seasonal farm worker in this Commonwealth. The term includes a farmer, grower, nurseryman or landowner who employs or on whose premises or in whose interest is employed, a seasonal farm worker.

Farm labor contractor—A person who, for payment, wages, salary, fees or other consideration, either for himself or on behalf of another person recruits, solicits, hires, furnishes or transports five or more seasonal farm workers (excluding members of his immediate family) in a calendar year for employment in agriculture or in agriculture-related industry. In any case in which a firm, partnership, association, corporation or organization engages in these activities for the purpose of supplying seasonal farm workers solely for its own operation, the term means that officer, official, supervisor or employe most directly responsible for the activity. The term does not include one or more of the following:

(i) A person, firm, partnership, association or corporation which is the holder of a valid and current license under the Employment Agency Law (43 P. S. § § 535—581).

(ii) A nonprofit charitable organization, public or nonprofit private educational institution or similar organization.

(iii) An individual farmer, grower, nurseryman or landowner who engages in the activity for the purpose of supplying seasonal farm workers solely for his own operation, except that an employe of an individual farmer who engages in the activity on the farmer’s behalf shall be considered a ‘‘farm labor contractor’’ for the purposes of the act.

(iv) A person who engages in the activity for the purpose of obtaining seasonal farm workers of a foreign nation for employment in the United States if the employment is subject to one of the following:

(A) An agreement between the United States and the foreign nation.

(B) An arrangement with the government of a foreign nation under which written contracts for the employment of the workers are provided for through the United States by an instrumentality of the foreign nation.

Fire and Panic Act—The act of April 27, 1927 (P. L. 465, No. 299) (35 P. S. § § 1221—1235).

Four or more unrelated persons—Four or more unrelated individuals who occupy living quarters owned, leased or operated by an employer or a farm labor contractor. Related persons refers only to farm workers and their immediate family members. All other persons shall be considered unrelated. As used in this definition, ‘‘immediate family’’ means a husband, wife, parent, stepparent, child, stepchild, brother, stepbrother, sister or stepsister of the farm worker. The term ‘‘four or more unrelated persons’’ does not include the following: a farmer, grower, nurseryman or landowner, including the owner of a farm corporation or partnership, who owns or controls the land occupied by farm workers and family members of the farmer, grower, nurseryman or landowner.

Garbage—Putrescible wastes, except sewage and body waste, including animal and vegetable offal.

Habitable room—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, pantries, foyers, communication corridors, closets and storage spaces.

Hot water—Water heated to a temperature of at least 120°F.

Laundry tray—A permanently fixed receptacle to a drain and water supply usually containing double tubs.

Laundry tub—A portable container, large enough to use for washing clothes.

Living quarters—The aggregate of all dwelling units and domestic housing accommodations on the premises. The term includes sleeping rooms, kitchens, dining and general assembly rooms, and rooms used by seasonal farm workers. The term does not include buildings reserved exclusively for the personal use of the landowner.

Mobile home—A transportable, single family dwelling intended for permanent occupancy, office or place of assembly contained in one unit, or in two units designed to be joined into one integral unit capable of later being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without permanent foundation. This term, however, may not include transport trucks or vans equipped with sleeping space for a driver or drivers.

Nonpublic water system—A system providing water for human consumption that is not subject to the requirements of the Pennsylvania Safe Drinking Water Act and the regulations under that act. The term includes collection, treatment, storage and distribution facilities under the control of the operator of the system and used in connection with the system.

Normal operating pressure—A minimum, fairly constant, water service pressure, at the point of outlet discharge not less than 8 pounds per square inch for fixtures except for direct flush valves, which may be not less than 15 pounds per square inch, and except where special equipment is used requiring higher pressure.

Other temporary basis—

(i) In the context of employment, employment which is to last for less than 1 year or for the time contemplated to complete a particular piece of work.

(ii) In the context of residence, occupancy of living quarters away from the person’s domicile for the purpose of agricultural employment.

(iii) Where a person is presumed to be working on a temporary basis for less than 1 year, the employer may rebut this presumption.

Pennsylvania Safe Drinking Water Act—35 P. S. § § 721.1—721.17.

Person—An individual, firm, partnership, association, trust, corporation, receiver or other organization. In the case of a corporation, association or other organization, the term includes an officer, director, manager, agent or employe who has knowledge of any conduct or condition, and has supervisory responsibility over the conduct or condition.

Plumbing—Includes 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 clothing washing machines, catch basins and other similar supplied fixtures, together with connections to water systems or sewerage systems.

Private kitchen—The area intended for the use of one family or person for preparation, cooking and storage of food.

Public water system—A system regulated under the Pennsylvania Safe Drinking Water Act for the provision to the public of water for human consumption which has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year. The term includes collection, treatment, storage and distribution facilities under control of the operator of the system and used in connection with the system. The term includes collection or pretreatment storage facilities not under control of the operator which are used in connection with the system. The term also includes a system which provides water for bottling or bulk hauling for human consumption. Water for human consumption includes water that is used for drinking, bathing and showering, cooking, dishwashing or maintaining oral hygiene.

Refuse—Materials which are discarded as useless.

Seasonal employment—Employment ordinarily pertaining to or of the kind performed at certain seasons or periods of the year and from its nature cannot be continuous or carried on throughout the year.

Seasonal farm labor camp—Living quarters, including without limitation housing accommodations, motels, rooming houses, dormitories and mobile homes, maintained directly or indirectly in connection with any work of or place where work is being performed by seasonal farm workers whether or not rent is paid or reserved for use or occupancy. The term includes the immediate premises or site upon which these buildings are situated; the facilities necessary to or associated with the buildings; and any area or site set aside and provided for camping of seasonal farm workers. The term does not include buildings reserved exclusively for the personal use of the landowner, including the primary residence of the landowner which serves as housing for the landowner, family members and friends of the family. In determining whether any living quarters is a seasonal farm labor camp under the act, the Department may consider factors which include, but are not limited to, the following:

(i) Whether the living quarters are owned, leased, operated or contracted for in whole or in part by an employer or farm labor contractor.

(ii) Whether the seasonal farm worker has reasonable alternative choices of housing in connection with his work or place of work.

(iii) Whether persons other than seasonal farm workers are housed in the living quarters.

Seasonal farm worker—An individual who meets any of the following conditions:

(i) The individual resides in living quarters owned, leased or operated by an employer or a farm labor contractor and occupied by four or more unrelated persons.

(ii) The individual is employed in raising, cultivating, fertilizing, seeding, planting, pruning, harvesting, gathering, washing, sorting, weighing or handling, drying, packing, packaging, grading, storing or delivering to market or to storage or to a carrier for transportation to market in its unmanufactured state an agricultural commodity as defined in the Pennsylvania Agricultural Commodities Marketing Act of 1968 (3 P. S. § § 1001—1013) or a farm product as defined in 1 Pa.C.S. § 1991 (relating to definitions) on a seasonal or other temporary basis.

(iii) The individual, irrespective of his primary employment, performs agricultural labor on a seasonal or other temporary basis except this subparagraph excepts an individual who commutes daily from his permanent residence to the work site unless transportation is provided an individual by a farm labor contractor.

Sewage—A substance that contains any of the waste products, excrement or other discharge from the bodies of human beings or animals; noxious or deleterious substances being harmful or inimical to the public health, to animal or aquatic life, or to the use of water for domestic water supply or for recreation, and a substance that constitutes pollution under The Clean Streams Law (35 P. S. § § 691.1—691.1001).

Shower bath—Plumbing fixtures permanently installed to provide a waterspray under pressure.

Sink—A receptacle or fixture used for general cleaning purposes or for disposing of waste water.

Store room—An enclosed storage area having a floor area of greater than 20 square feet.

Toilet facilities—Water closets, privies, urinals, chemical toilets and the rooms provided for installation of these units.

Wash basin—A basin or bowl used for the purpose of obtaining personal cleanliness.

Washroom—A room equipped with troughs, washbowls, shower baths, laundry and other facilities for the purpose of obtaining personal cleanliness.

Water closet—Sanitary facilities for defecation equipped with a hopper or tray and a device for flushing the bowl by water under pressure.

Wood frame construction—That type of construction in which the structural parts and materials are of wood or are dependent upon a wood frame for support, including a construction having a noncombustible exterior veneer.

The provisions of this § 82.1 adopted September 28, 1973, effective September 29, 1973, 3 Pa.B. 2178; amended March 28, 1975, effective April 14, 1975, 5 Pa.B. 626; amended January 2, 1981, effective January 3, 1981, 11 Pa.B. 11; amended January 28, 1994, effective January 29, 1994, 24 Pa.B. 709. Immediately preceding text appears at serial pages (97737) to (97738) and (105251) to (105253).

Notation

Authority

The provisions of this § 82.1 issued under sections 301 and 603 of the Seasonal Farm Labor Act (43 P. S. § § 1301.301 and 1301.603); amended under the Seasonal Farm Labor Act (43 P. S. § § 1301.301—1301.606); section 9 of the act of May 18, 1937 (P. L. 654, No. 174) (43 P. S. § 25-9); the Reorganization Act of 1955 (71 P. S. § 751-12); and sections 1907-A, 1919-A and 1920-A of The Administrative Code of 1929 (71 P. S. § § 510-7, 510-19 and 510-20).

Cross References

This section cited in 7 Pa. Code § 82.1b (relating to rebutting the presumption of employment of a seasonal farm worker on a temporary basis).