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Administrative Code Chapter DWD 301, which includes requirements for employers who hire migrant seasonal agricultural workers, migrant labor contractors, and housing for migrant seasonal agricultural workers, was updated with new requirements in effect on February 1, 2024.
Under the updated rule, migrant labor camp operators must provide documentation from their local fire departments confirming that their property meets local and state fire codes for the number of expected occupants with their camp application.
The requirements that housing for migrant seasonal agricultural workers comply with all local and state fire and safety laws and federal, state, and local residential commercial building codes existed prior to the February 2024 updates and have not changed. DWD does not have the authority to exempt buildings from these requirements. See DWD 301.07(21)(a) and 301.07(11)(a).
Some migrant labor camps are experiencing challenges in scheduling inspections of the facilities of their migrant labor camp by the local fire department or the fire department's contracted third-party fire inspector. Below is the process for camp operators to gain certification for 2024 if they are not able to present documentation proving compliance during the application process and how to prepare for 2025.
Migrant labor camp operators who are unable to schedule a fire inspection with their local fire department or the fire department's contracted third-party fire inspectors may apply for a temporary variance from DWD 301.07(1)(ag)1, which is the requirement that camp operators provide documentation from the fire department that the migrant labor camp meets all local and state fire codes for the number of expected occupants.
The migrant labor camp operator must still meet all local and state fires codes. See DWD 301.07(21)(a) and 301.07(11)(a) (requiring that housing comply with all federal, state, and local residential and commercial building codes). This variance is from the requirement at DWD 301.07(1)(ag)1 that camp operators provide documentation from the local fire department that these codes are met.
The variance application must include the following information:
Any variance granted by the Department of Workforce Development from DWD 301.07(1)(ag)1 will be temporary and expire on December 31, 2024.
The variance application (DETM-5942-E: Petition for Variance Application) can submitted online.
The fire inspector may need to know what classification of building they are inspecting before conducting a fire inspection on your migrant labor camp.
Migrant labor camp operators may need to go through the Plan Review process with their local municipality or delegated municipality to determine if the migrant labor camp's facilities are appropriately classified.
Migrant labor camp operators should work with their local or state Building Inspector to determine if the migrant labor camp's facilities are appropriately classified so a fire inspection can be conducted.
DWD Contact Information
201 E. Washington Ave
P.O. Box 7946
Madison, WI 53707
(608) 266-3131
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