North Carolina General Statutes 95-224. Scope; powers and duties
(a) The provisions of this Article shall apply to all operators and migrants except:
(1) Any person who, in the ordinary course of that person’s business, regularly provides housing on a commercial basis to the general public; and who provides housing to migrants of the same character and on the same or comparable terms and conditions as those provided to the general public; or
Terms Used In North Carolina General Statutes 95-224
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- Migrant: means an individual, and his dependents, who is employed in agricultural employment of a seasonal or other temporary nature, and who is required to be absent overnight from his permanent place of residence;
(6) "Migrant housing" means any facility, structure, real property, or other unit that is established, operated, or used as living quarters for migrants;
(7) "Operator" means any person who owns or controls migrant housing; and
(8) "Person" means an individual, partnership, association, joint stock company, corporation, trust, or legal representative;
(9) "Substantive violation" means a violation of a safety and health standard, including those that provide fire prevention, and adequate and sanitary supply of water, plumbing maintenance, structurally sound construction of buildings, effective maintenance of those buildings, provision of adequate heat as weather conditions require, and reasonable protection for inhabitants from insects and rodents. See North Carolina General Statutes 95-223
(2) A housing unit owned by one or more of the occupants and occupied solely by a family unit.
(b) The Commissioner shall have the following powers and duties under this Article:
(1) To delegate to the Director the powers, duties, and responsibilities necessary to ensure safe and healthy migrant housing conditions.
(2) To supervise the Director.
(3) To issue preoccupancy certificates to certify that housing for migrant workers has been found to be in compliance with this Article.
(4) To conduct postoccupancy inspections of migrant housing in accordance with the provisions of N.C. Gen. Stat. § 95-226(g). (1989, c. 91, s. 2; 2007-548, s. 2.)