1. The director may grant written permission to individual camp operators to vary from the provisions of this chapter or the rules of the department when the extent of the variation is clearly specified and it is demonstrated to the director’s satisfaction that:

 a. Such variation is necessary to obtain a beneficial use of an existing facility.
 b. The variation is necessary to prevent a substantial difficulty or unnecessary hardship.
 c. Appropriate alternative measures have been taken to protect the health, safety, and welfare of any inhabitants of a migrant labor camp and assure that the purpose of the provisions for which variation is sought will be observed.

Terms Used In Iowa Code 138.12

  • Board: means the board of hearing aid specialists. See Iowa Code 154A.1
  • Department: means the Iowa department of public health. See Iowa Code 138.1
  • Director: means the director of public health or the director's designee. See Iowa Code 138.1
  • Migrant: means any individual who customarily and repeatedly travels from state to state for the purpose of obtaining seasonal employment in agriculture, including the spouse and children of such individuals, whether or not authorized by law to engage in such employment. See Iowa Code 138.1
  • Migrant labor camp: means one or more buildings, structures, shelters, tents, trailers, or vehicles or any other structure or a combination thereof together with the land appertaining thereto, established, operated, or maintained as living quarters for seven or more migrants or two or more shelters. See Iowa Code 138.1
 2. Written application for such variations shall be filed with the director and local board of health serving the area in which the migrant labor camp is situated. No such variation shall be effective until granted in writing by the director.
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