22 TAC §599.11
The Structural Pest Control Board proposes amendments of
22 TAC §599.11 concerning structural fumigation requirements. The proposed
amendment establishes the responsibility of the certified applicator throughout
the regulation as that individual that performs the fumigation, fulfills posting
requirements, secures the structure to prevent entry by those unauthorized
and maintaining safety and establishing responsibility for the handling of
the gases used in the fumigation. The proposal also adds that the treatment
sticker be posted on the wall adjacent to the electric breaker box, as well
as beneath the kitchen sink or in the interior bath trap access and specifies
that the report for each fumigation job include temperature and wind conditions.
Benny M. Mathis, Executive Director has determined that there will not
be fiscal implications as a result of enforcing or administering the rule.
There will not be any estimated additional cost, estimated reduction in cost
or estimated loss or increase in revenue to state or local government for
the first five year period the rule will be in effect.
Benny M. Mathis, Executive Director has determined that for each year
of the first five years the rule as proposed is in effect, the public benefits
anticipated as a result of enforcing the rule as proposed will heighten protection
for the public health and safety of the public at large. The cost of compliance
with the rule for small businesses will be negligible. There will be no cost
comparison per employee, cost per hour of labor or cost per $100 of sales
for small or larger businesses. There are no anticipated economic costs to
individuals who are required to comply with the rule as proposed.
Comments on the proposal may be submitted to Frank M. Crull, General Counsel,
Structural Pest Control Board, 1106 Clayton Lane #100LW, Austin, Texas 78723.
The amendment is proposed under Tex.Rev.Civ.Stat.Ann., Article
135b-6, which provides the Structural Pest Control Board with the authority
to license and regulate the structural pest control industry.
The following article is affected by this rule: Article 135b-6
§599.11.Structural Fumigation Requirements.
(a)
Fumigation of structures to control wood destroying organisms
shall be performed only under the direct on-site supervision of a certified
applicator licensed by the Board in the category of fumigation. Direct on-site
supervision shall mean that the certified applicator exercising such supervision
shall be present at the site of the fumigation during the entire time the
fumigants are being released [
, the time ventilation is commenced,
]
and at the time property is released for occupancy.
(b)
Fumigation shall be performed in compliance with all label
requirements applicable to state, county, and city laws and ordinances and
all applicable laws and regulations of the United States.
(c)
Prior to the commencement of fumigation, warning signs
shall be posted in plainly visible locations on or in the immediate vicinity
of all entrances to the space under fumigation and shall not be moved until
fumigation and ventilation have been completed, and the premises determined
safe for reocccupancy. Ventilation shall be conducted with due regard for
the public safety.
(d)
Local fire authorities or, when not available, local police
authorities, shall be notified prior to introduction of the fumigant and at
the time the structure is released for occupancy.
(e)
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 assure concentration of the fumigant released has
been retained in compliance with the manufacturer's recommendations.
(f)
Warning signs shall be printed in red on white backgrounds
and shall contain the following statement in letters not less than two inches
in height; "Danger-Fumigation." They shall also depict a skull and crossbones,
not less than one inch in height, the name of the fumigant, the date and time
fumigant was introduced, and the name, address, and telephone number where
the
certified applicator
[
licensee
] performing the fumigation
may be reached
twenty four
(24) hours a day.
(g)
On any structure that has been fumigated, the
certified
applicator
[
licensee
] who performed the fumigation shall,
immediately upon completion, post a durable sign
on the wall
adjacent
to the electric
breaker box,
[
meter or hot
] water heater,
beneath the kitchen sink or in the interior bath trap access.
This shall
be a durable sign not less than one inch by two inches in size. It shall have
the name of the
certified applicator
[
licensee
], date
of fumigation, [
type of
] fumigant used, and the purpose for which
it was fumigated (target pest).
(h)
A
certified applicator
[
licensee
]
performing fumigation shall use adequate warning agents with all fumigants
which 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 shall visibly inspect the structures to assure vacancy
prior to introduction of fumigant.
(i)
The
certified applicator
[
licensee
]
shall also post a person or persons at the location from the time the fumigant
is introduced until all tarpaulins and seals are removed and the label concentration
for aeration is reached. The
certified applicator
[
license
] shall then secure all entrances to the structure in such a manner
as to prevent entry by anyone other than the
certified applicator
[
licensee
] or an agent of the
certified applicator
[
licensee
]. The structure shall remain secured until the concentration
indicated by the fumigant label for release for occupancy is reached.
(j)
For the purpose of maintaining proper safety and establishing
responsibility in handling the
fumigants
[
dangerous gases used
in fumigation
], the
business license holder
[
licensee
] shall compile and retain for a period of at least two (2) years a
report for each fumigation job and/or treatment.
The person posed at
the location shall deter entry into the structure by routinely inspecting
the structure under fumigation at least once each hour. The person posed at
the location shall be alert and on duty to prevent entry into the structure
while the structure while the fumigant is present.
The report for each
fumigation job or treatment shall contain the following information:
(1)
name and address of pest control company;
(2)
name and address of property and owner;
(3)
type of
roof
[
structure as to details of
roofing
];
(4)
cubic feet fumigated;
(5)
target pest or pest controlled;
(6)
[
kind of
] fumigant or fumigants used and amount;
(7)
name of warning agent and amount used;
(8)
type of sealing method;
(9)
temperature and wind conditions
[
weather
conditions as to temperature and wind
];
(10)
time gas introduced and
aerated
[
ventilated
] (date and hour);
(11)
name of licensee (certified applicator);
(12)
list of any extraordinary safety precautions taken;
(13)
time released for occupancy (signed by certified applicator;
[
and
]
(14)
the date and hour fire or police authorities were notified
; and
[
.
]
(15)
verification of clearing procedures and
identification of devices used.
(k)
Fumigations for the purpose of controlling wood destroying
insects are subject to the provisions of 599.4 of this title (relating to
Disclosure).
(l)
Every business license holder engaged
in application of a fumigant is required to use an approved clearance device
as prescribed on the fumigant label.
(1)
This approved calibrated clearance device must be used
as required by the label. As appropriate, this device must be calibrated in
accordance with manufacturer's recommendations.
(2)
An independent person must perform calibration of the monitoring
device at least annually. Calibration shall be in compliance with the manufacturer's
requirements.
(3)
Proof of calibration must be kept on file for a period
of two (2) years and available for review by Board personnel and by placing
a yearly validation on the clearance device.
(m)
The certified applicator responsible for
the fumigation site shall be responsible for following all the label prescribed
procedures for aeration and clearing the structure that is being fumigated.
(n)
The word "trained" is defined as a person
having the same qualifications as an apprentice unless the label states more
stringent requirements in the application of the fumigant.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the
Secretary of State, on December 19, 2000.
TRD-200008841
Benny M. Mathis, Jr.
Executive Director
Structural Pest Control Board
Earliest possible date of adoption: February 4, 2001
For further information, please call: (512) 451-7200