8 Colo. Code Regs. § 1203-2, pt. 15

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

Part 15 - Enforcement

15.01 The phrase "substantial danger or harm to public health and safety, to property, or to the environment" as used in § 35-10-121 (2.5), C.R.S. means the existence of a condition which could reasonably be expected to cause, or the actual occurrence of:

(a) physical illness, injury, or death to one or more individuals;

(b) damage to property, either real or personal; or

(c) any adverse impact on land, air or water resources that is appreciable and not immediately reparable.

15.02 Any person who uses any pesticide classified for restricted use must be licensed as a qualified supervisor, certified operator, or private applicator in accordance with the Act and these Rules, except:

(a) any technician not licensed as a certified operator who is applying restricted use pesticides under the on-site supervision of a qualified supervisor or mixing and loading restricted use pesticides under the supervision of a qualified supervisor, and;

(b) any person working under the on-site supervision of a licensed private applicator for the purposes of raising an agriculture commodity.

(c) Any unlicensed technician or person working under the on-site supervision of a licensed private applicator must be at least 18 years old, except that an unlicensed technician must be at least 16 years old if all of the following requirements are met:

(1) The unlicensed technician is using the restricted use pesticide under the direct supervision of a private applicator who is an immediate family member.

(2) The restricted use pesticide is not a fumigant, sodium cyanide, or sodium fluoroacetate.

(3) The unlicensed technician is not applying the restricted use pesticide aerially.

15.03 Any person who supervises the use of any pesticide classified for restricted use must be licensed as a qualified supervisor or private applicator in accordance with the Act and these Rules.

15.04 A qualified supervisor, certified operator or private applicator shall not use or supervise the use of a restricted use pesticide in any category of licensure the person does not hold.

15.05 Any person who operates any device for hire that produces a pesticide as defined in § 35-10-103(10) C.R.S., must be licensed as a commercial applicator and be licensed as or employ or contract with a qualified supervisor in the appropriate licensure category. It is a violation of these Rules for a commercial applicator to use any such device in a manner inconsistent with labeling directions or these Rules, or in an unsafe or negligent manner.

(a) No such device may be used to treat any pest within a structure, unless otherwise allowed pursuant to Part 15.05(c) below;

(b) Such devices may only be used to control burrowing rodents, unless otherwise allowed pursuant to Part 15.05(c) below;

(c) The Commissioner may approve the use of such device in sites or to control pests other than those listed in Part 15.06(a) if he determines that such use will not pose a risk to the public health or safety. Such use shall be subject to additional requirements or restrictions the Commissioner deems necessary.

15.06 Any commercial applicator using a device for hire that produces carbon monoxide for the control of burrowing rodents must abide by the following application requirements and restrictions in addition to any device labeling directions:

(a) This Part 15.06 applies to commercial applications of carbon monoxide by means of a device to burrow openings of the following rodent species that are located within the specified distances from enclosed structures that are occupied or may be occupied by humans or animals.

(1) Pocket gopher: within 150 feet of such structures;

(2) Prairie dog: within 100 feet of such structures;

(3) Ground squirrel: within 20 feet of such structures;

(4) Rat: within 20 feet of such structures;

(5) Vole: within 11 feet of such structures;

(6) Field mice: within 8 feet of such structures;

(7) Any burrowing rodent species not listed in this Part 15.06(a): within 150 feet of such a structure.

(b) Any commercial applicator using a device to make applications of carbon monoxide to control burrowing rodents within the distances specified in Part 15.06(a) must abide by the following application requirements and restrictions:

(1) All persons or animals occupying any enclosed structure within the distances specified for the type of rodent burrow being treated in Part 15.06(a) must be evacuated from the structure during the application.

(2) If any existing carbon monoxide detectors installed in the structure activate during a burrowing rodent application, all applications within the distances specified for the type of rodent burrow being treated in Part 15.06(a) from the structure must cease immediately.

(3) Following any application listed in Part 15.06(a), applicators must enter and monitor the structure at least one hour after the application has concluded to verify that carbon monoxide levels have not risen above 9 ppm.

(4) Monitoring must be done with a carbon monoxide monitor that can detect carbon monoxide levels as low as 9 ppm. All structures must, through monitoring for carbon monoxide levels by the applicator, be verified to have carbon monoxide levels no higher than 9 ppm prior to any re-entry by the occupant.

(5) Upon any detection of carbon monoxide above 9 ppm, either from detection equipment installed in a structure or from the applicator's own monitoring equipment, all applications within the distances from the structure specified for the type of rodent burrow being treated in Part 15.06(a) must cease immediately and the following actions must be performed:

(i) The applicator must open all exterior doors of the structure and begin aerating the structure immediately.

(ii) After one hour of aeration, the applicator must enter the structure and verify that carbon monoxide levels have fallen to 9 ppm or less throughout the structure and remain at 9 ppm or less for one hour. If at any time during the monitoring process the applicator's monitoring equipment detects carbon monoxide levels over 25 ppm, the applicator must leave the structure immediately, continue to aerate the structure, and repeat the monitoring process every hour until carbon monoxide levels fall and remain at 9 ppm or less throughout the structure for one hour.

(iii) Any detection of carbon monoxide above 9 ppm must be recorded in the applicator's records, including:

(1) the time the detection occurred;

(2) the level detected if known;

(3) the time that levels were confirmed to have fallen to 9 ppm or less throughout the structure and;

(4) the name of the applicator that performed the monitoring.

(6) In addition to the written notice required by Parts 10.04 and 10.05 of these Rules, applicators shall provide written precautionary information about carbon monoxide poisoning to the occupant or owner, including the following statement:

"Should you or a family member experience any symptoms associated with carbon monoxide poisoning within 24 hours of this treatment, such as headache, dizziness, weakness, nausea, vomiting, chest pain, or confusion, remove the person from the area where the onset of symptoms occurred and call 911 or seek medical attention."

15.07 Commercial applicators shall maintain accurate and legible office records of all carbon monoxide device applications made for hire. Such records shall include all of the following information:

(a) Name and address of the person for whom the application was made.

(b) Location where carbon monoxide application was made, if different from Part 15.07(a). The location of a field application should be fully described. In the case of roadside carbon monoxide applications, the record should include the county or state road number and the portion of roadside to which burrowing rodent treatments were applied, described by reference to mileage markers or prominent features such as road intersections, river or creek crossings.

(c) Specific rodent pest for which the carbon monoxide device application was made.

(d) Location of rodent burrow(s) to which carbon monoxide was applied.

(1) Areas treated within the distances specified in Part 15.06(a) must be recorded by specifying the number of burrow openings treated and the location of each in relation to the structure (e.g.: One prairie dog burrow opening 90 feet West of the residence).

(2) Applications made further than the distances specified in Part 15.06(a) may be recorded with a description of where the applications occurred on the property (e.g.: 10 acres located in the Northeast corner of property).

(3) An applicator may map the area(s) treated to meet this requirement; each application location made to a rodent burrow within the distances specified in Part 15.06 must be noted individually on the map.

(e) Records shall indicate that the specific pesticide applied is carbon monoxide.

(f) Date and time of application. The record shall indicate the time when the application was started and completed, in hour and minutes, with accuracy within 15 minutes.

(g) Name of the person(s) who made the application (i.e., technician, certified operator, qualified supervisor).

(h) If any detections of carbon monoxide occur, the information required in Part 15.06 (b)(5)(iii).

8 CCR 1203-2, pt. 15

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