Section 13.08 - Commercial Application of Pesticides to Indoor Settings(1)General Requirements.(a) Applicators of pesticides to indoor settings shall take all practical steps necessary to avoid applications with people present in a room or area to be treated. Individuals occupying a room or area to be treated at the time of application shall be informed of the procedure.(b) Applications of disinfectants, algaecides, antimicrobials, paints, stains, wood preservatives, insecticidal baits placed in tamper-resistant bait stations or in generally inaccessible locations, and applications to wall or floor voids are exempt from 333 CMR 13.08.(c) Rodenticides placed in generally accessible areas of indoor settings must be placed in tamper-resistant bait stations and must be secured in place so as to prevent lifting and/or removal of these bait stations.(d) The applicator or his/her employer must notify the Contracting Entity of all post application label requirements pertinent to the application.(e) The applicator or his/her employer shall provide pre-notification to any person upon request between seven days and 48 hours prior to any application of pesticides to areas which the individuals occupy or have access. Pre-notification shall be made in writing and contain the following information:1. Name and phone number of the company making the application;2. Proposed date of application;3. Locations to be treated; and4. Names, EPA Registration Numbers, and active ingredients for the pesticide products that may be used.(f) Rodenticide bait stations shall carry a label which indicates the following:1. Name and phone number of the company making the application;2. Date of the application;3. Name and EPA Registration Number of the pesticide product; and4. Active ingredients in product.(g) Upon completion of each application, the applicator or his/her employer shall provide the Contracting Entity, and, upon request, the building residents and occupants, with the following information: 1. Name and phone number of the pest control company;2. Name and license number of applicator;4. Names and EPA Registration Numbers of the pesticide products applied; and5. Date and approximate time of application.(2)Residential Buildings where the Contracting Entity Resides in the Unit to be Treated. In addition to the requirements of 333 CMR 13.08(1), whenever the Contracting Entity resides in the unit to be treated with pesticides, the applicator or his/her employer shall provide the Contracting Entity with a Department-approved Consumer Information Bulletin prior to entering into an agreement for pesticide application.(3)Residential Buildings where the Contracting Entity Does Not Reside in the Unit to be Treated. In addition to the requirements of 333 CMR 13.08(1), the following shall apply whenever a pesticide application is made to a unit in which the Contracting Entity does not reside:(a) Upon entering into an agreement for pesticide application, the applicator or his/her employer shall provide the Contracting Entity with a Department-approved Information Bulletin for Building Managers and Landlords.(b) The applicator or his/her employer shall pre-notify all occupants of residential units between seven days and 48 hours prior to any application of pesticides to areas which residents occupy or have access. Pre-notification shall be made in writing and shall contain the following information:1. Name and phone number of the company making the application;2. Proposed date and time of application;3. Locations to be treated;4. Product names, EPA Registration Numbers, and active ingredients for the pesticide products that may be used;5. Purpose of application;6. Preparation procedures required by the pesticide label to protect items such as food, utensils, and pets; and7. Department-approved Consumer Information Bulletin.(c) Prior to commencing each application, the applicator shall post a notice, approved by the Department, on all of the entrances of areas to be treated to which residents or others may have access. The applicator must leave these notices posted after the application. Entrances to units of individuals do not require posting. Contracting Entities who do not wish to have notices posted must sign a Department-approved form stating that they do not want notices posted. Such signed forms shall be maintained by the applicator or his/her employer for a period of three years and shall be made available to the Department upon request.
(4)Notification and Disclosure Requirements Applicable to Pesticide Applications Made in Non-residential Public Buildings. In addition to the requirements of 333 CMR 13.08(1) the following shall apply whenever a pesticide application is made in a non-residential public building:(a) Prior to entering into an agreement, the applicator or his/her employer shall provide the Contracting Entity with a Department-approved Information Bulletin for Building Managers and Landlords.(b) Prior to commencing each application, the applicator shall post a notice, approved by the Department, on all of the entrances to the treated room or area to be treated. The applicator must leave these notices posted after the application. Contracting entities who do not wish to have notices posted must sign a Department-approved form stating that they do not want notices posted. Such signed forms shall be maintained by the applicator or his/her employer for a period of three years and shall be made available to the Department upon request.
(c) The applicator or his/her employer shall provide the following information on previously conducted applications to any individual upon reasonable request: 1. All locations treated, including locations of rodenticide bait stations;2. The date and time of application; and3. The names of products used, EPA Registration Numbers, product active ingredients, and a copy of the label for each product used.(d) Upon the request of any person, the applicator or his/her employer shall pre-notify that person between seven days and 48 hours prior to any application of pesticides. Prenotification shall be made in writing and contain the following information:1. Name and phone number of the company making the application;2. Proposed date and time of application;3. Locations to be treated;4. Product name, EPA Registration Numbers, and active ingredients for the pesticide products that may be used; and5. Purpose of application.(5)Waiver of Pre-notification for Emergency Applications.(a) Pre-notification may be waived for pesticide applications made to indoor settings when there is an immediate threat to public health or safety.(b) Use of this pre-notification waiver may be made only under the following conditions: 1. Each waiver may be used for only one pesticide application;2. The rationale for the need for the waiver must be documented in writing by the applicator or his or her employer;3. The applicator or his or her employer must keep a written record of the waived pesticide application, along with the written rationale for the need for the waiver, for at least three years;4. The written record of the waived pesticide application, along with the written rationale for the need for the waiver, must be made available to any individual upon a reasonable request;5. A written record of the waived pesticide application, along with the written rationale for the need for the waiver, must be submitted to the Department within 24 hours after the pesticide application; and6. A written record of the waived pesticide application, along with the written rationale for the need for the waiver, must be provided to all individuals who have requested prenotification within 48 hours after application.Amended by Mass Register Issue 1330, eff. 1/13/2017.