(a) Except as provided in paragraph (c) of this section, a facility
or real property to be used for housing a migrant agricultural worker
shall not be occupied by any migrant agricultural worker unless either a
State or local health authority or other appropriate agency, including a
Federal agency, has certified that the facility or real property meets
applicable safety and health standards.
(b) Except as provided in paragraph (c) of this section, the person
who owns or controls a facility or real property shall not permit it to
be occupied by any migrant agricultural worker unless a copy of a
certificate of occupancy from the State, local or Federal agency which
conducted the housing safety and health inspection is posted at the site
of the facility or real property. The original of such certificate of
occupancy shall be retained by such person for three years and made
available for inspection in accordance with section 512 of the Act.
(c) If a request for an inspection of a facility or real property is
made to the appropriate State, local or Federal agency at least forty-
five (45) days prior to the date on which it is to be occupied by a
migrant agricultural worker but the agency has not conducted an
inspection by such date, the facility or property may be occupied by
migrant agricultural workers unless prohibited by State law.
(d) Receipt and posting of a certificate of occupancy as provided
under paragraph (b) of this section, or the failure of an agency to
inspect a facility or property within the forty-five (45) day time
period, shall not relieve the person who owns or controls a facility or
property from the responsibility of ensuring that such facility or
property meets the applicable State and Federal safety and health
standards. Once such facility or property is occupied, such person shall
supervise and continually maintain such facility or property so as to
ensure that it remains in compliance with the applicable safety and
health standards.
