SECTION 7.178. Structural Fumigation Requirements


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  • (a) Fumigation of structures to control wood destroying insects 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 any time the fumigants are being released and at the time property is inspected, ventilated and released for occupancy.

    (b) Fumigation shall be performed in compliance with all label requirements applicable to state and federal laws and regulations.

    (c) 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 space under fumigation and shall not be removed until the premises is determined safe for reoccupancy. Ventilation shall be conducted with due regard for public safety.

    (d) When directed by the label, local fire authorities or, when not available, local police authorities, shall be notified in writing, by telephone if a record is made of the name of the person that was informed and the date and time, or by e-mail prior to introduction of the fumigant. The same agency shall be informed that 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 ensure that the concentration of the fumigant released is 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." Signs must 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, license number, and telephone number where the certified applicator performing the fumigation may be reached twenty four (24) hours a day.

    (g) 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, beneath the kitchen sink or in the interior bath trap access. This must be a durable sticker not less than one inch by two 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).

    (h) A certified applicator performing 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.

    (i) 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 until the structure is released for occupancy.

    (j) For the purpose of maintaining proper safety and establishing responsibility in handling the fumigants, the business license holder shall compile and retain for a period of at least two (2) years a report for each fumigation job and/or treatment. The report for each fumigation job or treatment must contain the following information:

      (1) name, address and business license number of the pest control company;

      (2) name and address of property and owner;

      (3) cubic feet fumigated;

      (4) target pest or pest controlled;

      (5) fumigant or fumigants used 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 certified applicator;

      (10) list of any extraordinary safety precautions taken;

      (11) date and time released for occupancy (signed by certified applicator);

      (12) the dates and time fire or police authorities were notified; and

      (13) identification of clearing devices used.

    (k) Fumigations for the purpose of controlling wood destroying insects are subject to the provisions of §7.174 of this title (relating to Termite Treatment Disclosure Documents).

    (l) Every licensee engaged in application of a fumigant is required to use an approved and calibrated clearance device as prescribed on the fumigant label.

      (1) This approved and calibrated clearance device must be used as required by 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.

      (3) Proof of calibration must be kept on file for a period of two (2) years and available for review by department personnel and by placing an annual validation on the clearance device.

    (m) 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.

    (n) Notice of all fumigations of a structure must be called, emailed, or faxed to the department between the hours of 6:00 a.m. and 9:00 p.m., Monday through Friday, using the specified telephone number, email address or fax number at least four (4), and no more than twenty four (24) hours prior to the structural fumigation application. The licensee must provide address and site location, chemical to be used, date and time of treatment, approximate square footage under contract and the name and license number of the business licensee. If the structural fumigation is cancelled, notice of the cancellation must be sent using the department specified telephone number, email address or fax number within three hours of the time the pest control company learns of the cancellation.

    (o) 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.

    (p) Current certified applicators must conduct/perform four (4) hours of training per year to maintain their certification.

      (1) 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 verifiable performance/training records form will be made available to the certified applicator or technician upon written request.

      (2) A minimum of one CEU per year in structural fumigation is required to maintain the certification following initial testing.

Source Note: The provisions of this §7.178 adopted to be effective June 1, 1984, 9 TexReg 2307; amended to be effective November 27, 1992, 17 TexReg 8009; amended to be effective March 5, 1996, 21 TexReg 1543; amended to be effective April 5, 2001, 26 TexReg 2541; amended to be effective August 27, 2003, 28 TexReg 6844; amended to be effective October 9, 2005, 30 TexReg 6272; transferred effective September 1, 2007, as published in the Texas Register August 17, 2007, 32 TexReg 5189; amended to be effective December 11, 2008, 33 TexReg 9989