| (a) Fumigation of structures to control wood destroying
insects or other pests shall be performed only under the direct on-site
supervision of a certified applicator licensed in the category of
structural fumigation. Direct on-site supervision means that the certified
applicator exercising such supervision must be present at the site
of the fumigation during the introduction of the fumigant, any reentry
prior to aeration, during the initial aeration process, and when the
structure is released for occupancy.
(b) All motor vehicles used by a licensee or licensee's
employees in conducting structural fumigation services, to include
the transportation of tarps and fumigants, shall display the TPCL
number of the business. The transportation of all fumigants shall
be done consistent with label directions.
(c) A licensee licensed in the structural fumigation
category may subcontract the performance of a structural fumigation
to another licensee licensed in the structural fumigation category.
The primary contractor shall notify the customer that the performance
of the structural fumigation service will be performed by another
properly licensed business other than the primary contractor. This
written notification shall be a part of the disclosure documents as
a separate statement itself or attached to the disclosure documents,
and must be signed and dated by the customer. Both the primary contractor
and the subcontractor shall maintain a copy of the disclosure documents
issued to and signed and dated by the customer, and the report as
described in subsection (l) of this section for a period of two (2)
years.
(d) Structural fumigation shall be performed in compliance
with all label requirements applicable to state and federal laws and
regulations.
(1) During a fumigation, whenever the presence of two
(2) persons trained in the use of fumigant is required by the fumigant
label, at least one (1) of these persons must be the certified applicator
providing direct on-site supervision as described in subsection (a)
of this section and the second person must be trained in the necessary
safety precautions.
(2) Two (2) trained persons shall be present at each
fumigation site during the introduction of the fumigant, any reentry
prior to aeration, during the initial aeration process, and if the
label requires, until the active aeration period with all operable
doors and windows open is completed and the structure is secured for
the remaining aeration period.
(3) During these periods of time, two (2) operational
Self-Contained Breathing Apparatuses (SCBA) must be present at the
fumigation site. Fumigators must have in their possession any keys
necessary to unlock secondary locking devices and/or an access device
that would allow for immediate access to the structure the entire
time the structure is under fumigation.
(4) A trained person in structural fumigation must
be a registered apprentice, licensed technician, or certified applicator
in the structural fumigation category having been trained in the proper
use of a SCBA and clearing devices.
(e) Prior to the release of the fumigant, warning signs
shall be posted in plainly visible locations on or in the immediate
vicinity of all entrances to the structure under fumigation and shall
not be removed until the premises is determined safe for occupancy.
Ventilation shall be conducted with due regard for public safety.
(f) Local fire, police, or emergency authorities shall
be notified of the structural fumigation prior to introduction of
the fumigant. Notification shall be made in writing, by email or by
telephone as long as a record is made of the name of the person that
was informed and the date and time. The same agency shall be informed
that the structure is released for occupancy.
(g) The space to be fumigated shall be vacated by all
occupants prior to the commencement of fumigation. The space to be
fumigated shall be sealed in such manner to ensure that the concentration
of the fumigant released is retained in compliance with the manufacturer's
recommendations. Fumigation tarps with puncture holes, tears, rips,
or splitting seams must be taped or repaired in such a manner to ensure
that the concentration of the fumigant released is retained in compliance
with the manufacturer's recommendations.
(h) Warning signs shall be printed in red on white
backgrounds and shall contain the following statement in letters not
less than two (2) inches in height: "Danger-Fumigation." Signs must
also depict a skull and crossbones, not less than one (1) inch in
height, the name of the fumigant, the date and time fumigant was introduced,
and the name, license number, and telephone number where the certified
applicator performing the fumigation may be reached twenty-four (24)
hours a day.
(i) On any structure that has been fumigated, the certified
applicator responsible for the fumigation shall, immediately upon
completion, post a durable sticker on the wall adjacent to the electric
breaker box, water heater, or beneath the kitchen sink. This must
be a durable sticker not less than one (1) inch by two (2) inches
in size. It must have the name and license number of the certified
applicator, date of fumigation, fumigant used, and the purpose for
which it was fumigated (target pest).
(j) A certified applicator performing the fumigation
shall use adequate warning agents with all fumigants that lack such
properties. When conditions involving abnormal hazards exist, the
person exercising direct on-site supervision shall take such safety
precautions in addition to those prescribed to protect the public
health and safety. The certified applicator responsible for the fumigation
shall visibly inspect the structures to assure vacancy prior to introduction
of fumigant.
(k) The certified applicator responsible for the fumigation
shall also post a person or persons to guard the location whenever
a licensed applicator is not present from the time the fumigant is
introduced until the label concentration for aeration is reached.
The person posted at the location shall deter entry into the structure
by routinely inspecting the structure under fumigation at least once
each hour. The person posted at the location shall remain alert and
on duty as directed by the certified applicator. The certified applicator
responsible for the fumigation shall secure all entrances to the structure
in such a manner as to prevent entry by anyone other than the certified
applicator responsible for the fumigation. The structure must remain
secured by secondary locking devices until the structure is released
for occupancy.
(l) For the purpose of maintaining proper safety, establishing
responsibility in handling the fumigants, and to ensure a successful
fumigation the business performing the structural fumigation shall
compile and retain a report for each fumigation job and/or treatment
for a period of at least two (2) years. The certified applicator responsible
for the fumigation must have a copy of the report at the time of the
fumigation. The report for each fumigation job or treatment must contain
the following information to be recorded as the fumigation progresses:
(1) name, address and business license number of the
pest control business;
(2) name and address of property and owner;
(3) measured cubic feet fumigated;
(4) target pest or pest controlled;
(5) fumigant or fumigants used, EPA registration number
and amount;
(6) name of warning agent and amount used;
(7) temperature and wind conditions;
(8) time gas introduced and aerated (date and hour);
(9) name and license number of the certified applicator
responsible for the fumigation and providing direct on-site supervision;
(10) list of any extraordinary safety precautions taken;
(11) date and time released for occupancy (signed by
certified applicator);
(12) the dates and times local fire, police or emergency
authorities were notified;
(13) the identification of clearing devices used; and
(14) proof that the department was notified of the
structural fumigation with the date and time of the notification.
(m) Fumigations for the purpose of controlling wood
destroying insects are subject to the provisions of §7.174 of
this chapter (relating to Wood Destroying Insect Treatment Disclosure
Documents).
(n) Every licensee engaged in application of a fumigant
is required to use an approved and calibrated clearance device consistent
with the fumigant label.
(1) The approved and calibrated clearance device must
be used consistently with the label.
(2) An independent and qualified facility or person
must perform calibration of the clearance device not less than annually
and anytime it is suspected to be inaccurate. Calibration must be
in compliance with the manufacturer's requirements.
Cont'd... |
