dept. 1200, 1203, 8 CCR 1203-2, pt. 12, subpt. B

Current through Register Vol. 48, No. 1, January 10, 2025

Subpart B - Structural Notification

12.09. A commercial, registered limited commercial, or registered public applicator shall take reasonable actions to give notice of the date and approximate time of any wood-destroying, residential/commercial, or interior plant pest control pesticide application, made to multi-unit dwellings, prior to the application, to any person who resides in the multi-unit dwelling to be treated and whose name is on the published registry unless otherwise noted in Part 12.11.

12.10. Manner of notification for structural applications:

(a) Notification of each pesticide application to a multi-unit dwelling where a pesticide-sensitive person resides must be communicated to the pesticide-sensitive person.

(1) Unless making electronic notifications pursuant to Part 12.10(b), an applicator may meet this requirement by making not less than two attempts to notify any owner or tenant who is on the registry.

(2) Such attempts shall be made as early as practicable but not later than twenty-four hours before the application.

(3) Notice may be by any method, including telephone, mail, or personal notification.

(4) If attempts at notification by the applicator fail, and a pesticide application is necessary, the commercial, registered limited commercial, or registered public applicator shall attempt to notify the pesticide-sensitive registrant in person immediately prior to the application by placing notice on the pesticide-sensitive registrant's door.

(b) Electronic Notification:

(1) If an applicator provides notification to the pesticide-sensitive person electronically pursuant to § 35-10-112(1)(a)(III), C.R.S., only one attempt at notification is required, provided there has been no change to date, time, or location of the pesticide application communicated in the original electronic notice.

(2) Any change to the date, time, or location of the application must be communicated in a new electronic notification no later than twenty-four hours before the application.

(3) If a pesticide-sensitive person fails to acknowledge receipt of the applicator's electronic notification, the applicator is not required to make the additional notification attempts described in Part 12.10(a)(4) above.

(4) An applicator must maintain a record confirming that the applicator provided electronic notice to the pesticide-sensitive registrant in order for the single notification requirements in this Part 12.10(b) to apply.

(5) If an electronic means of notification is unavailable, the applicator must comply with Part 12.10(a)(2) and (4) above.

12.11. The following circumstances do not require notification, as outlined in Part 12.09, by structural applicators:

a) Emergency structural applications needed to ensure the safety or welfare of the general public, where it is not reasonably possible to comply with the notification requirements outlined in Part 12.09.

(1) Applications specified in this Part 12.11(a) require the applicator to attempt to notify any owner or tenant who is on the registry immediately prior to the application.

(2) Upon completion of the pesticide application, the applicator shall leave for each person on the registry, a printed or legibly written notice stating the name of each pesticide applied, the date and time the application was made, placement of the treatment, and such precautionary statements from the label of the pesticide that are necessary or appropriate to avoid endangering the pesticide sensitive person's health.

(3) The notification requirement in this Part 12.11(a) is in addition to the requirements for the notice of application outlined in Parts 10.04 and 10.05 of these Rules.

b) The use of rodenticide baits or insecticide baits that are in any of the following formulations: gel baits, solid baits, granular, or self-contained bait stations that prevent contact with the insecticide or rodenticide. Applications shall only be applied to common areas, in a manner where no physical contact can be made with the pesticide, or units, other than the pesticide sensitive person's individual dwelling unit. Compliance with the notice of application requirements in Parts 10.04 and 10.05 of these Rules are still required.

dept. 1200, 1203, 8 CCR 1203-2, pt. 12, subpt. B

38 CR 23, December 10, 2015, effective 12/30/2015

39 CR 05, March 10, 2016, effective 3/30/2016

45 CR 01, January 10, 2022, effective 1/30/2022

46 CR 23, December 10, 2023, effective 12/30/2023