§ 95-226. Application for inspection. - North Carolina Statutes

§ 95‑226.  Applicationfor inspection.

(a)        Except as providedin subsection (f) of this section, every operator shall request a preoccupancyinspection at least 45 days prior to the anticipated date of occupancy byapplying directly to the Department of Labor of North Carolina or to the localhealth department. Upon receipt of an application by the Department of Labor ofNorth Carolina, the Department of Labor of North Carolina shall immediatelynotify, in writing, the appropriate local health department; and the localhealth department shall inspect the migrant housing for compliance with G.S. 95‑225(c)and (d). Upon receipt of the application by the local health department, thelocal health department shall immediately notify, in writing, the Department ofLabor of North Carolina and shall inspect the migrant housing for compliancewith G.S. 95‑225(c) and (d).

The local health departmentshall forward the results of its inspection to the Department of Labor of NorthCarolina and to the operator. The Department of Labor of North Carolina shallinspect the migrant housing and certify to the operator the results of theinspection.

At the time the Department ofLabor of North Carolina conducts a preoccupancy inspection, the Department ofLabor of North Carolina shall provide the operator with a copy of the guide foremployers on compliance with the Immigration and Nationality Act, 8 U.S.C. §1101, et seq., as amended, prepared by the United States Department of Justice.

(b)        The Department ofLabor of North Carolina shall provide local health departments and AgriculturalExtension offices with blank copies of forms for applying for preoccupancyinspections.

(c)        The application forinspection shall include:

(1)        The name, address,and telephone number of the operator;

(2)        The location of themigrant housing;

(3)        The anticipatednumber of migrants to be housed in the migrant housing; and

(4)        The anticipateddates of occupancy of the migrant housing.

(d)        Except as providedin subsections (e) and (f) of this section, an operator may allow the migranthousing to be occupied only if the migrant housing has been certified by theDepartment of Labor of North Carolina or the United States Department of Laborto be in compliance with all of the standards under this Article, except thatan operator may allow migrant housing to be occupied on a provisional basis ifthe operator applied for a preoccupancy inspection at least 45 days prior tooccupancy and the preoccupancy inspection was not conducted by the Departmentof Labor of North Carolina at least four days prior to the anticipatedoccupancy. Upon subsequent inspection by the Department of Labor of NorthCarolina, the provisional occupancy shall be revoked if any deficiencies havenot been corrected within the period of time specified by the Department ofLabor of North Carolina, or within two days after receipt of written noticeprovided on‑site to the operator. No penalties may be assessed for anyviolation of this Article which are found during the preoccupancy inspection, unlesssubstantive violations exist during provisional occupancy.

(e)        If an operator hasapplied for an inspection pursuant to this Article and one or more migrantsarrives in advance of the arrival date stated in the application, the operatorshall notify the Department of Labor of North Carolina within two working daysof the occupancy of the migrant housing.

(f)         If an operatorreceives a preoccupancy inspection rating from the Department of Labor of NorthCarolina of one hundred percent (100%) compliance for a particular migranthousing unit for two consecutive years, in the third year the operator shallhave the right to conduct the preoccupancy inspection for that particularmigrant housing unit himself or herself. Operators conducting their own preoccupancyinspections pursuant to this subsection shall, at least 45 days prior tooccupancy, register the migrant housing with the Department of Labor of NorthCarolina and notify in writing the appropriate local health department. Thelocal health department shall inspect the migrant housing for compliance withG.S. 95‑225(c) and (d). The operator shall request a preoccupancyinspection under subsection (a) of this section in the year following a yearwhen the operator conducted a self‑inspection under this subsection.

(g)        In addition to anyother applicable federal or State law or regulation, the Department may onlyconduct a postoccupancy inspection of operators:

(1)        Who were subject toan annual preoccupancy inspection by the Department of Labor of North Carolinaand found not to be in one hundred percent (100%) compliance at thatinspection.

(2)        Who were assessed acivil penalty by the Department of Labor of North Carolina during the previouscalendar year for violations of this Article or pursuant to G.S. 95‑136(a)(3).

(3)        Who did not undergoa preoccupancy inspection, unless the operator conducted a self‑inspectionpursuant to subsection (f) of this section.

(4)        In response to areferral from a federal, State, county, or local government official or any personwith firsthand knowledge of an alleged violation of this Article or of analleged safety or health hazard whom the Department of Labor of North Carolinadeems to have provided a credible referral. (1989, c. 91, s. 2; 2007‑548, ss. 3.1, 3.2, 4.)