Section 18 AAC 90.625 - School use and notification(a) The administrator of a school shall, whenever practical, ensure the use of nonchemical methods to control pests, including proper sanitation practices, structural repair, and window screens.(b) Except as provided in (h) of this section, at least 24 hours before the application of a pesticide to an area of the school that is used by or is accessible to children, the administrator of the school shall notify parents or guardians of children of the application; a notice under this subsection must include (1) a description of the area where the pesticide will be applied;(2) the date and approximate time of application; if the application will be outdoors, the notification must include three dates in chronological order in case the preceding date is canceled due to weather;(3) the common or brand name of each pesticide to be used;(4) the targeted pests to be controlled by the pesticide;(5) each active ingredient in the pesticide;(6) the EPA registration number;(7) the telephone contact number, if any, on the label of the pesticide for additional information about each pesticide; and(8) a contact name and telephone number at the school.(c) During the school term the notification required in this section must be made by individual notice delivered by phone, face to face oral communication, electronic mail, postal mail, or facsimile. A school or school district may also develop a registration system to provide this notification only to those parents who wish to receive the notification. If the school or school district develops a registration system, the administrator of each school shall provide written notice to the parents or guardians of the children at the beginning of the school year or upon a child's enrollment that pesticides may be used in or around the school, and shall explain to each parent or guardian how to register to be notified at least 24 hours before a pesticide treatment.(d) If given in writing, the notice required in (c) of this section may not be included with any other notice being provided to parents or guardians on another matter.(e) If pesticides are used outside the school term and the school is open to or accessible by the public, the notification required under this section must be prominently posted in a conspicuous location on the school premises at least 24 hours before the pesticide treatment is scheduled to begin.(f) Immediately before starting the application of a pesticide, the certified applicator shall post an 81/2 x 11 inch sign in the area where pesticides are being applied. The school administrator shall ensure the sign remains posted and children are kept out of the treated area until the reentry interval on the label, if any, has expired, or, if the label does not specify a reentry interval, for at least 24 hours. The sign must contain the following message, along with the name of the pesticide, the pesticide's EPA registration number, the name and telephone number of a contact for the school, and the date and time of the application: CLICK TO VIEW SIGN
(g) A school administrator may authorize an immediate pesticide treatment without prior notification if the administrator determines an emergency exists. An emergency includes an immediate and unanticipated threat to the health and safety of the individuals at the school. An emergency does not exempt the school from the requirements of (f) of this section.(h) The following pesticide applications are not subject to the notification or posting requirements of this section: (1) applications of antimicrobial pesticides;(2) an application where the school remains unoccupied for a continuous 72 hour period following the application of the pesticide;(3) applications of rodenticides in tamper resistant bait stations or in areas inaccessible to children;(4) applications of silica gels and other ready-to-use pastes, foams, or gels that will be used in areas inaccessible to children.(i) A school administrator shall keep records of pesticide applications subject to the notification and posting requirements of this section. Records must be kept for two years and include (1) a copy of each notice issued under this section; if a school administrator authorizes a pesticide application under (g) of this section, all the information that is required in a notice under (b) of this section must be included in the record;(2) the date of application;(3) the name and employer of the individual who applied the pesticide, including the individual's certification number;(4) the rate of application;(5) the concentration of the pesticide applied; and(6) the total amount of pesticide used.(j) Records required to be kept under this section must be made available to the department and to the public for review.Eff. 3/31/2002, Register 161; am 9/30/2007, Register 183The sign required in 18 AAC 90.625(f) is available at the department's pesticide program offices in Wasilla and Anchorage and on the Internet at http://www.dec.state.ak.us/eh/ pest/index.htm.
As of Register 178 (July 2006), the regulations attorney made a technical revision under AS 44.62.125(b)(6), to 18 AAC 90.625(c).
Authority:AS 46.03.010
AS 46.03.020
AS 46.03.320
AS 46.03.330
AS 46.03.730