Section 20-2216. PEST CONTROL BY FUMIGATION

 

2216.1The following regulations shall apply to fumigation operations performed by any person required to obtain an applicator certification and license or to be registered as a registered technician as required by the Pesticide Operations Act of 1977, effective April 18, 1978 (D.C. Law 2-70; D.C. Official Code §§ 8-401 et seq.), as amended.

 

2216.2Notwithstanding any other provisions of the Pesticide Operation Regulations, Chapters 22 through 25 of this title, each fumigation operation shall be performed or supervised only by a licensed applicator certified to perform fumigation.

 

2216.3Each member of the fumigation crew shall be trained in those aspects of the fumigation process in which the member participates, have adequate knowledge of the fumigant, and be provided with all the safety equipment necessary for the member’s protection.

 

2216.4Before performing fumigation, the licensed applicator shall notify the fire station nearest the site of the fumigation.

 

2216.5The notice to the nearest fire station required by § 2216.4 shall be in writing and shall include the following information:

 

(a)The name and address of the pesticide operator;

 

(b)The name of the fumigant;

 

(c)The name of the licensed certified applicator and the applicator's day and night telephone numbers;

 

(d)The location and type of structure; and

 

(e)The date and approximate time of fumigation, and the estimated length of the fumigation period.

 

2216.6The structure, vault, vehicle, commodity, or area to be treated shall be conspicuously posted with warning signs on all sides.

 

2216.7Warning signs required by § 2216.6 shall carry the following information:

 

(a)The skull and crossbones symbol;

 

(b)The name of the fumigant;

 

(c)A warning statement that reads: "DANGER POISON KEEP OUT";

 

(d)The name of the company performing fumigation; and

 

(e)The name and telephone number of the licensed certified applicator in charge.

 

2216.8A guard shall be on the site during the entire fumigation period.

 

2216.9A guard shall be capable, awake, alert, and remain on duty at the site at all times to prevent unauthorized persons from gaining entrance into the structure.

 

2216.10The licensed certified applicator shall:

 

(a)Ensure that all persons and pets are out of the structure before fumigation;

 

(b)Ensure that the structure is secure; and

 

(c)Ensure that the structure is safe for re-occupancy. 

 

2216.11Only a licensed applicator certified to perform fumigation shall perform the introduction of the fumigant.

 

 

authority

Section 12(a) of the Pesticide Operations Act of 1977, effective April 18, 1978 (D.C. Law 2-70; D.C. Official Code § 8-411(a) (2013 Repl.)); Section 11(a) of the Pesticide Education and Control Amendment Act of 2012, effective October 23, 2012 (D.C. Law 19-191; D.C. Official Code § 8-440(a) (2013 Repl.)); Section 103(b)(1)(B)(ii)(II) of the District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code § 8-151.03(b)(1)(B)(ii)(II) (2013 Repl.)); the Brownfields Revitalization Amendment Act of 2010 (Brownfields Act), effective April 8, 2011 (D.C. Law 18-369; D.C. Official Code §§ 8-631.01 et seq. (2013 Repl.)); and Mayor’s Order 98-47, dated April 15, 1998, as amended by Mayor’s Order 2006-61, dated June 14, 2006.

source

Final Rulemaking published at 62 DCR 3340 (March 20, 2015).