3 Del. Admin. Code § 601-21.0

Current through Register Vol. 28, No. 5, November 1, 2024
Section 601-21.0 - Institutional And Maintenance Pesticide Use Restrictions
21.1 For the purposes of Section 21.0, the following definitions shall apply:

"Apartment Building" means a building that contains four or more dwelling units that are rented primarily for nontransient, permanent dwelling purposes, with rental paid by intervals of 1 week or longer.

"Child Day-care Center" means a facility, other than a school as defined elsewhere herein, which provides care, education, protection, supervision and guidance on a regular basis for children. Services are provided for part of the 24 hour day, unattended by parent or guardian, and for compensation. Provided, nevertheless, that "child day-care center" shall not include any facility which is operated within a private home.

"General Use Pesticide" includes all pesticides as defined by 3 Del.C. § 1202(27), with the following exceptions:

Any Restricted Use Pesticides, as defined by 3 Del.C. § 1202 (30);

Any State Restricted Use Pesticide, as defined by 3 Del.C. § 1202 (31);

Any anti-microbial pesticide used for controlling bacteria, viruses, or other microorganisms.

"Hospital" has the same meaning assigned by 16 Del.C. § 1001(1).

"Institutional and Maintenance Applicator" means any person who owns, operates or maintains a school, apartment building, nursing home, hospital or child day-care center, or is an employee of a school, apartment building, nursing home, hospital, or child day-care center; and who applies general use pesticides inside the school, apartment building, nursing home, hospital, or child day-care center.

"Nursing Home" has the same meaning assigned by 16 Del.C. § 1101.

"Private Home" means a non-public residence such as a house, duplex, townhouse, apartment, or mobile home where the provider of child day-care services lives and has control over the furnishings and use of space. An individual unit in public housing and university housing complexes is considered a private home.

"School" means a completed structure utilized as a public or private school, grades kindergarten through post graduate.

21.2 A person certified as an Institutional and Maintenance applicator may not engage in the business of pest control outside the scope of their employment at a school, apartment building, nursing home, hospital, or child day-care center, unless the person becomes certified as otherwise provided by the LAW.
21.3 An owner or manager of a building that is a school, apartment building, nursing home, hospital, or child day-care center may obtain Institutional and Maintenance pest control services for the building from a person only by:
21.3.1 Contracting with a business licensed pursuant to 3 Del.C. § 1206;
21.3.2 Having the services performed by an Institutional and Maintenance applicator with a valid certification in subsection 7.7.1.1 or 7.7.1.5 of these regulations.
21.4 Records of "general use pesticide" applications made in a school, apartment building, nursing home, hospital, or child day-care center shall be kept in accordance with subsection 14.1.

3 Del. Admin. Code § 601-21.0

7 DE Reg. 1674 (06/01/04)
26 DE Reg. 1050 (6/1/2023) (Final)