Section 82.20. Single family homes

(a) A ‘‘single family home’’ is defined as a residential dwelling in which an individual or two or more persons related as spouses, children, parents, brothers or sisters to the seasonal farm worker occupant function as a single housekeeping unit and where the dwelling cannot be affected by the heating, plumbing, water, sewage and electrical systems of the other housing units.

(b) A permittee using single family homes as a component of a seasonal farm labor camp shall enter into written agreements with the seasonal farm workers occupying the single family homes or comply with the requirements for other living quarters. A permittee is eligible to use a written agreement only as long as housing is maintained in a habitable condition. The standards in this chapter which are applicable to other seasonal farm labor housing may be used as guidelines for single family homes unless there are specific requirements in this section.

(c) A permittee shall comply with the requirements for other living quarters in this chapter unless the permittee provides a written agreement, as to each single family home, specifying these requirements, and each single family home meets these requirements:

(1) An approved water supply which meets the requirements of § 82.7 (relating to water supply) and which provides hot and cold running water at a minimum pressure of 25 pounds per square inch under peak demand.

(2) An adequate and safe supply of electrical power, which complies with § 82.12(b) (relating to lighting and electrical).

(3) Adequate ventilation and weathertight windows and doors for all habitable rooms.

(4) A sound, weatherproof and defect-free physical structure.

(5) Adequate and safe prevention of rodent and insect infestations.

(6) Adequate toilet facilities and plumbing, including sewage disposal, which meet the requirements of this title.

(7) The availability of an adequate heat supply that can maintain temperatures of at least 68°F, on a continuous basis.

(8) Adequate garbage disposal, including containers with lids for temporary storage prior to removal and collection.

(9) The maintenance and provision of at least one fire extinguisher of eight units capacity rated ABC and at least one smoke alarm. The extinguisher shall be mounted in an accessible location within the dwelling.

(d) At a minimum, the written agreement shall include the following:

(1) A statement that the occupants consider the house their domicile.

(2) A statement that the seasonal farm labor camp permittee has an obligation to provide habitable housing to the occupants of the single family home.

(3) The living capacity of the home.

(4) A statement that the seasonal farm worker occupant or a representative of seasonal farm workers may request from the Department that the housing be inspected for a determination of habitability.

(5) A statement that the seasonal farm worker occupant and the worker’s family shall be given at least 2 weeks notice prior to eviction.

(6) A statement that actions by a permittee for the recovery of possession of a single family home shall conform to Pa.R.C.P.D.J. No. 500.

(e) Upon receipt of a written request, the Department may inspect a home to determine if housing is habitable under this chapter. A permittee that provides a home which is not habitable will not have the option of the written agreement. A determination by the Department of habitability is only intended to determine whether the permittee may use the agreement or shall comply with the requirements for other living quarters under this chapter.

(f) An agreement between a seasonal farm labor camp permittee and a seasonal farm worker to occupy a single family home shall be written both in English and in a language the worker understands, if not the same.

(g) As part of an annual application for renewal or issuance of a permit for a seasonal farm labor camp, a copy of a written agreement entered into under subsections (b)—(d) shall be provided to the Department.

The provisions of this § 82.20 adopted January 28, 1994, effective January 29, 1994, 24 Pa.B. 709.

Notation

Authority

The provisions of this § 82.20 issued 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 Plan 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).