N.C. Gen. Stat. § § 95-225
Adoption of standards and interpretations.
Operative Text
(a) Unless otherwise provided, all established federal standards are adopted and shall be enforced by the Department of Labor of North Carolina. (b) The Commissioner shall provide for publication in the North Carolina Register any modification by the federal government of the established federal standards within 30 days of their adoption. (c) For the protection of the public health, the Commission for Public Health shall adopt and the Department of Environmental Quality shall enforce rules that establish water quality and water sanitation standards for migrant housing under this Article. (d) The requirements for the collection, treatment, and disposal of sewage, as provided in Article 11 of Chapter 130A, and the rules adopted pursuant to that Article shall apply to migrant housing. (e) Whenever the outside temperature falls below 50 degrees Fahrenheit and the migrant housing is occupied, heating equipment shall be provided and operable. Regardless of outside temperature, this equipment must be capable of maintaining living areas of 65 degrees Fahrenheit. If housing is to be occupied from May 15 until September 1 only, no heating equipment shall be required at the time of preoccupancy inspection. (f) All migrant housing shall comply with the standards regarding fire safety for migrant housing as adopted by the Commission for Public Health and in effect on January 1, 1989. (g) For purposes of this Article, the established federal standard provided in 29 C.F.R. 1910.142(i) does not apply. The following standards shall apply to migrant housing: (1) Food preparation facilities and eating areas shall be provided and maintained in a clean and sanitary manner; (2) A kitchen facility shall be provided with an operable stove with at least one burner per five people, and in no event with less than two burners; an operable refrigerator with .75 cubic feet per person minimum; a table; and a sink with running hot and cold water; (3) Surfaces with which food or drink come in contact shall be easily accessible for cleaning, and shall be nontoxic, resistant to corrosion, nonabsorbent, and free of open crevices; (4) Acceptable storage facilities shall be provided and shall be kept clean and free of vermin; and (5) All food service facilities, other than those where migrants procure and prepare food for their own or their family's consumption, shall comply with the standards regarding kitchen and dining room facilities for migrant housing, as adopted by the Commission for Public Health and in effect on January 1, 1989. (h) Each migrant shall be provided with a bed that shall include a mattress in good repair with a clean cover. The Department of Labor of North Carolina inspector shall determine the condition of the mattress and cover during the preoccupancy inspection. If the mattress or cover is damaged beyond normal wear and tear during the migrant's occupancy of the housing, the operator may charge the migrant the reasonable cost of replacing the mattress or cover. (1989, c. 91, s. 2; c. 727, s. 220; 1997-443, s. 11A.36; 2007-182, s. 2; 2007-548, s. 3; 2015-241, s. 14.30(u).)
N.C. Gen. Stat. § 95-225 establishes a comprehensive set of health, safety, and habitability standards that apply specifically to migrant housing in North Carolina. The provision adopts federal occupational safety standards as a baseline, while layering on state-specific rules covering water quality, sewage, heating, fire safety, food preparation facilities, and bedding. Multiple state agencies share enforcement responsibilities, including the Department of Labor, the Department of Environmental Quality, and the Commission for Public Health.
Plain English — not legal advice.
Operators of migrant housing in North Carolina must ensure compliance with the full range of standards set out in § 95-225, which span federal baseline requirements, water and sanitation rules, fire safety codes, and detailed kitchen facility specifications. Compliant operators generally maintain functional heating equipment capable of reaching 65°F in living areas whenever the housing is occupied and outside temperatures drop below 50°F, and equip kitchens with adequate stove burners, refrigeration space, and running hot and cold water. Each resident must be provided a bed with a mattress in good repair and a clean cover, and operators should document the condition of mattresses and covers at the preoccupancy inspection conducted by the Department of Labor of North Carolina.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Migrant workers residing in housing covered by § 95-225 are entitled to a range of baseline protections, including functional heating, sanitary food preparation areas, adequate kitchen equipment, and a bed with a mattress in good repair and a clean cover. If conditions in the housing appear to fall short of these standards—such as inoperable heating during cold weather or unsanitary kitchen facilities—tenants may consider contacting the North Carolina Department of Labor, the Department of Environmental Quality, or a local tenant-rights or farmworker advocacy organization to learn about available complaint processes. Under § 95-225(h), a landlord or operator may only charge a tenant for mattress or cover replacement if damage goes beyond normal wear and tear, which is a determination made during the preoccupancy inspection.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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