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TITLE 4AGRICULTURE
PART 1TEXAS DEPARTMENT OF AGRICULTURE
CHAPTER 7PESTICIDES
SUBCHAPTER HSTRUCTURAL PEST CONTROL SERVICE
DIVISION 5TREATMENT STANDARDS
RULE §7.178Structural Fumigation Requirements

  (3) Proof of calibration must be kept on file for a period of two (2) years and available for review by the department. The record of proof for each clearing device shall contain the date of calibration and the name of the independent and qualified facility or person who performed the calibration.

(o) The certified applicator responsible for the fumigation shall be responsible for following label requirements for aeration and clearing of the structure that is being fumigated.

(p) Notice of all fumigations of a structure must be submitted using the department's designated notification system between the hours of 6:00 a.m. and 9:00 p.m., at least four (4), and no more than twenty-four (24) hours prior to the structural fumigation application. If the structural fumigation is cancelled, notice of the cancellation must be sent using the department's designated notification system within three hours of the time the pest control company learns of the cancellation. The licensee must provide:

  (1) address and site location;

  (2) fumigant to be used;

  (3) date and time of treatment (for the purposes of this section the time of treatment is when the business conducting the fumigation is scheduled to arrive at the fumigation site);

  (4) measured cubic feet under contract;

  (5) the name and license number of the business licensee; and

  (6) the name and license number of the certified applicator responsible for overseeing the fumigation.

(q) Before an individual may apply for an initial certified applicator's license in the structural fumigation category the following experience requirements must be met:

  (1) Attend a forty (40) hour structural fumigation school that has at least sixteen (16) hours of hands-on-training, and has been approved by the department; or

  (2) Obtain forty (40) hours of on-the-job training with at least sixteen (16) hours of hands-on-training that is approved by the department. Department-approved hands-on-training includes the following:

    (A) Inspect the structure and identify pest(s) prior to fumigation;

    (B) Prepare disclosure documents pursuant to the provisions of §7.174, of this chapter;

    (C) Measure the structure and calculate volume;

    (D) Calculate dosage of fumigant;

    (E) Notify local fire, police or emergency authority as appropriate;

    (F) Secure materials left inside the structure, check pilot lights and appliances;

    (G) Tarp, place snakes, or otherwise seal the structure for fumigation;

    (H) Post the structure and secure entrances to the structure;

    (I) Instruct the person (guard) on duty at the site on responsibilities and safety precautions;

    (J) Set up equipment including splash pan and fans;

    (K) Introduce fumigant and warning agent (if required) to the structure;

    (L) Aerate the structure;

    (M) Take down tarps, remove snakes, remove locks, or otherwise remove sealing material;

    (N) Clear the structure;

    (O) Store and/or dispose of fumigant containers;

    (P) Prepare the report of fumigation required by subsection (l) of this section; and

    (Q) Securing the fumigant for transportation consistent with label directions.

(r) Current certified applicators with the structural fumigation category must receive four (4) hours of training per year to maintain their structural fumigation certification. The four (4) hours of training may be classroom or on the job training. Department-approved hands-on-training includes the following:

  (1) Inspect structure and identify pest(s) prior to fumigation;

  (2) Prepare disclosure documents pursuant to the provisions of §7.174 of this chapter;

  (3) Measure the structure and calculate volume;

  (4) Calculate dosage of fumigant;

  (5) Notify local fire, police or emergency authority as appropriate;

  (6) Secure materials left inside the structure, check pilot lights and appliances;

  (7) Tarp, place snakes, or otherwise seal the structure for fumigation;

  (8) Post the structure and secure entrances to the structure;

  (9) Instruct the person (guard) on duty at the site on responsibilities and safety precautions;

  (10) Provide onsite supervision during application (only one applicator per company may claim provision of onsite supervision);

  (11) Set up equipment including splash pan and fans;

  (12) Introduce fumigant and warning agent (if required) to the structure;

  (13) Aerate the structure;

  (14) Take down tarps, remove snakes, remove locks, or otherwise remove sealing material;

  (15) Clear the structure;

  (16) Provide onsite supervision during aeration and clearing (only one applicator per company may claim provision of onsite supervision);

  (17) Store and/or dispose of fumigant containers;

  (18) Prepare the report of fumigation required by subsection (l) of this section; and

  (19) Secure the fumigant for transportation consistent with label directions.

(s) In addition to the four (4) hours of training per year, certified applicators must acquire one (1) CEU per year in structural fumigation to maintain the certification following initial testing.

(t) A verifiable performance/training records form will be made available to the department upon request. These performance/training records forms shall be kept on a format prescribed by the department in the business file for at least two (2) years. The responsible certified applicator for the company that performed the training must certify in the training records of each certified applicator that the certified applicator has completed the required training and has demonstrated competency. The verifiable performance/training records form will be made available to the certified applicator or technician upon written request.


Source Note: The provisions of this §7.178 adopted to be effective January 9, 2018, 43 TexReg 42; amended to be effective January 16, 2023, 48 TexReg 129

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