Section 5E-14.111 - Fumigation Requirements - Application; Restrictions and Precautions(1) For purposes of fumigation "structure" shall mean: any building including its foundation, walls and roof but excluding any surfacing portions such as driveways or walkways that merely lie on the land and provide no means for a fumigant to pass outside of the fumigation seal.(2) Neither the structure nor enclosed space to be fumigated nor any part or parts thereof shall be occupied by persons during the fumigation period. In addition, structures or enclosed spaces which are physically connected with the structure to be fumigated shall not be occupied by persons during the fumigation period. (See subsections 5E-14.111(3) and (4), F.A.C.)(3) In the event one or more units in a multi-unit structure (see subsection 5E-14.102(9), F.A.C.) are to be fumigated, the entire multi-unit structure must be vacated prior to fumigation and individually tested for clearance in accordance with label instructions following fumigation. If these requirements cannot be met, the fumigation shall not be performed.(4) It shall be the duty of the certified operator in charge or his designated special fumigation identification card holder to be present and personally make a careful examination of all parts of the structure to be fumigated, such as locked rooms, compartments, closets, enclosed spaces and any connected structures, to verify that no persons have remained therein.(5) Fumigation of structures shall be performed in strict accordance with the registered label and labeling directions and precautions for the intended use and type of structure, provided there is sufficient distance along the entire length of the passageway between the structure(s) to be fumigated and all adjacent occupied structure(s) to allow visible inspection, with or without egress, for connected structures as defined in subsection 5E-14.102(17), F.A.C., and inspection for and sealing of exterior openings, such as vents, windows, etc., that require sealing for adequate fumigant confinement. If these requirements cannot be met, the fumigation shall not be performed unless the adjacent structure(s) is vacated.(6) When fumigating structures with methyl bromide, sulfuryl fluoride or any other relatively odorless gas, technical chloropicrin shall be used separately as a warning agent immediately prior to release of the relatively odorless gas at the rate of not less than one fluid ounce per 15, 000 cubic feet of space to be fumigated or as otherwise directed by fumigant label. Exceptions: This section shall not apply to the fumigation of common carriers (trucks, box cars, refrigerator cars), the fumigation of tobacco warehouses and factories, the fumigation in tanks, vaults or chambers, or the fumigation of commodities in industrial areas when it has been determined by prior inspection by the certified operator in charge that no danger to human life or health exists unless required by the fumigant label.
(7) The structure or enclosed space must be made as gas-tight as is practicable. Structures or enclosed spaces which cannot be made reasonably gas-tight by sealing or tenting shall not be fumigated.Fla. Admin. Code Ann. R. 5E-14.111
Rulemaking Authority 482.051 FS. Law Implemented 482.051(1), 482.152, 482.241 FS.
New 1-1-77, Amended 6-27-79, 6-22-83, Formerly 10D-55.111, Amended 8-11-93, 9-17-08, 9-6-10.New 1-1-77, Amended 6-27-79, 6-22-83, Formerly 10D-55.111, Amended 8-11-93, 9-17-08, 9-6-10.