Section 5E-14.108 - Fumigation Requirements - General Fumigation(1) Each general fumigation (subsection 5E-14.102(4), F.A.C.) shall be personally directed, supervised and performed by a certified fumigation operator or personally by a special fumigation identification card holder authorized by the Department and designated by and under the direction and supervision of the certified fumigation operator in charge (Section 482.151, F.S.). Such certified fumigation operator or his designated special fumigation identification card holder shall be available and on call at all times during the fumigation period (subsection 5E-14.102(3), F.A.C.) of each general fumigation (subsection 5E-14.102(4), F.A.C.) job in progress.(2) Whenever the presence of two (2) persons trained in the use of the fumigant is required by the fumigant label, at least one of these persons must be either a certified operator of fumigation or a designated special identification fumigation cardholder. The second person shall be a certified fumigation operator, a special identification cardholder, or an identification cardholder with a Fumigation Identification Card endorsement on the employee identification card, which may be obtained as provided in subsection 5E-14.1421(5), F.A.C. Two (2) trained persons shall be present at each fumigation site for the introduction of the fumigant, entry during fumigation, and from the start of aeration (first opening of the seal) until the active aeration period with all operable doors and windows open, if required by the fumigant label, is completed and the structure is secured for the remaining aeration period. The certified operator in charge of fumigation or his designated special identification cardholder shall be present at those times required by the fumigant label or by subsections 5E-14.108(1), 5E-14.111(4), 5E-14.112(1) and 5E-14.113(1), (2), F.A.C.(3) It shall be the duty of the certified operator in charge of fumigation to carry out the following: (a) Train and/or verify training to each special fumigation identification cardholder in proper fumigation procedures as required by regulations and fumigant label directions, and to know the location, purpose, use and maintenance of personal protective equipment and fumigant detection and safety devices and when and how to use this equipment.(b) Train each identification cardholder, assigned to fumigation work, in basic fumigation procedures, SCBA (self contained breathing apparatus) use and the proper use of fumigant safety equipment and to report immediately to the certified operator in charge or his special fumigation identification cardholder any irregularities or emergencies.(4) The department shall issue an immediate stop-use or stop-work order by utilizing the department's electronic fumigation notification website at http://fumigation.freshfromflorida.com or issuance of a Fumigation Stop-work or Use Order, (FDACS-13659, (Rev. 01/17), which is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-07902, for fumigation performed in a manner that presents an immediate serious danger to the health, safety or welfare of the public. Fumigant use or work shall not be resumed until corrections are made, verified, and either the release section of the stop order is completed by department personnel or the stop order is removed from the electronic fumigation notification system at http://fumigation.freshfromflorida.com.(5) Fumigators must have in their possession any keys or an access device necessary to gain the immediate access to a structure, including secondary locking devices, during the entire time that the structure is under fumigation (fumigant release, exposure period, aeration and until properly determined clear of all fumigant), unless a waiver is issued for specialized structures by the Department of Agriculture and Consumer Services.(6) When crew members are present on the fumigation site, two properly functioning, positive pressure, self-contained breathing apparatus (SCBA) must be available at the fumigation site at all times when the structure is under fumigation (fumigant release, exposure period, aeration and at other times when state law or the fumigant label requires the use or presence of a SCBA). Two SCBA do not need to be present at the fumigation site for activities that do not involve worker exposure to fumigant concentrations above thresholds permitted by the fumigant label. Such activities could include, but would not be limited to, remote monitoring, using a Fumiscope, TIF leak detection, job site cleanup, DACS inspections, and Quality Assurance Reviews.(7) Each business licensee location performing fumigation must own at least two, label-approved, clearance devices so that at all times, a licensee has access to a properly functioning clearance device which must be calibrated in accordance with either the device manufacturer or the fumigant label directions, whichever is more restrictive.(8) Licensees performing fumigations using a residential fumigant must ensure that all functioning and non-functioning fumigant clearance devices being used by the licensee are recorded within the department's electronic fumigation notification website at http://fumigation.freshfromflorida.com. Information recorded must include the name of the manufacture, serial number, last known date of calibration and operational status of each device. The department shall grant access to third parties for the purpose of verifying that the records maintained on the fumigation notification website are accurate. It is solely the licensee's obligation to ensure that all data submited to the deparment is accurate.(9) Licensees performing fumigations with a residential fumigant must agree to, in writing, and be in compliance with the Stewardship Policy requirements for the residential fumigant used, including having completed all training and quality assurance review(s) required under the relevant Stewardship Policy. New fumigation employees must receive Initial Stewardship Training on the residential fumigant(s) used by the licensee within 60 days of their first day of employment by the licensee, if the new fumigation employee did not receive that stewardship training earlier in the calendar year. Current employees of the licensee who transition to working as fumigation employees must receive Annual Stewardship Training on residential fumigant(s) used by the licensee within 60 days of receiving their new identification cards (e.g. as a certified operator for fumigation, a special identification cardholder, or an ID cardholder with a fumigation endorsement) if they did not receive that stewardship training earlier in the calendar year.(10) A licensee subcontracting a residential fumigation job to another licensee shall inform the subcontracted licensee of the residential fumigant to be used based on the residential fumigant fact sheet provided to the customer. The subcontracted licensee shall use the residential fumigant as designated by the contracting licensee and must provide proof of stewardship training for the residential fumigant designated by the contracting licensee upon request.Fla. Admin. Code Ann. R. 5E-14.108
Rulemaking Authority 482.051, 570.23(07) FS. Law Implemented 482.021(7), (25), 482.032, 482.051(1), 482.051(6), 482.061, 482.152, 482.163 FS.
New 1-1-77, Amended 6-22-83, Formerly 10D-55.108, Amended 7-5-95, 6-12-02, 4-17-03, Amended by Florida Register Volume 43, Number 080, April 25, 2017 effective 5/7/2017.New 1-1-77, Amended 6-22-83, Formerly 10D-55.108, Amended 7-5-95, 6-12-02, 4-17-03, 5-7-17.