Tenn. Comp. R. & Regs. 0080-09-04-.08

Current through December 26, 2024

Section 0080-09-04-.08 - REQUIREMENTS OF SPECIFIC CATEGORIES AND PESTICIDES

The following requirements apply in addition to use and recordkeeping requirements of pesticide applications under this chapter.

(1) Fumigations poisonous to humans.

(a) When any fumigation application is made of a pesticide that is poisonous to humans, a FUM or FUS licensee must be present at the application site; actively in charge of the work; and ensure the following:

1. At least one gas mask, must be readily available at the application site for each person present during the application. Each mask must be capable of protecting its wearer from the pesticide being applied;

2. Warning signs must be conspicuously posted at all entrances to the structure or area of the fumigation site. Signs must clearly indicate that the property is being fumigated with poisonous gas and that no one should enter;

3. A guard must be posted at all entrances available to the public and must prevent entry by any unauthorized person. All entry doors where a guard is not posted must be locked and patrolled regularly by a guard. All guards shall have ready access to a gas mask capable of protecting its wearer from the pesticide being applied; and,

4. The structure or area of the fumigation site must be cleared of all fumigants in accordance with the pesticide's label instructions before re-entry is authorized.

(2) Limited herbicide applicators.

(a) Limited herbicide applicators are exempt from charter, licensing, and recordkeeping requirements associated with applications of Glyphosate covered by the C09 certification, provided that:

1. Glyphosate application equipment is limited to a single, hand-held nozzle supplied by a tank with a maximum capacity of 25 gallons and an electric or hand-powered pump with a maximum discharge rate of 1.5 gallons per minute;

2. The name of the business and certification number are displayed on company vehicles in the same manner as required for display of charter numbers under the Act;

3. Records are made to include the date and property address of each application, and the records are maintained for two years from the date of application; and,

4. The certification holder does not allow any uncertified person to make application of the pesticides even under direct supervision.

(b) Applications of Glyphosate stored, provided, or mixed by a homeowner or renter are deemed personal use applications of the owner or renter.

(3) Wood destroying organisms.

(a) Contracts.

1. WDO licensees shall ensure that a written contract is executed in duplicate prior to any pesticide application for control of wood destroying organisms. Upon execution, one copy of the contract shall be retained by the chartered pest control operator, and one copy of the contract shall be provided to the party contracting for the pesticide service.

2. Each contract for control of any wood destroying organism must include, prior to execution:

(i) A date of inspection and graph of the property covered by the contract, showing portions of the property exhibiting the presence of visible wood destroying insects or damage caused by wood destroying insects;

(ii) A provision for transfer of the contract to subsequent owners or renters of the property within the term of the contract; and,

(iii) A unique number to distinguish the contract from other contracts issued by the chartered pest control operator.

(iv) Any contract for control of termites shall include a one-year warranty providing for retreatment of the property.

(v) Guarantees for damage caused by wood destroying organisms during the term are optional. Any contract that does not provide a damage guarantee shall clearly indicate the absence of a damage guarantee in one-half inch tall letters on the front of the agreement.

3. For each property under contract, charter holders must conduct an annual inspection of the property and document the date of inspection. If termite activity is discovered inconsistent with the previous graph, the charter holder must make application of an appropriate pesticide and create a new graph of the property showing the new termite activity. Copies of records for annual inspections and treatments shall be made available within 48 hours of request by the contracting party.

(b) Applications.

1. Termites.

(i) Notwithstanding allowances under any state or federal law, pesticide applicators shall not exceed a 10% variance of label directions when mixing or applying termiticides.

(ii) Applicators may perform less than complete treatments if:

(I) The applicator informs the contracting party of possible outcomes associated with a less than complete treatment;

(II) Acceptance of less than complete treatments is noted in bold font within the contract for services and initialed by the owner or tenant of the property contracting for service; and,

(III) The applicator marks on the graph of the property where less than complete treatments will be performed.

(iii) Unless contrary to pesticide label directions, pretreatments for new construction shall be completed within 90 days after backfill of the project.

2. Wood destroying beetles.

(i) Active infestations.

(I) Prior to making a pesticide application for control of wood destroying beetles, the applicator must inform the property owner or agent of potential risks in making the application and alternative ways to control the beetles and avoid the risks of pesticide application, e.g. by removal and replacement of infested wood.

(ii) Preventative treatments of existing structures.

(I) Applicators may make pesticide applications to prevent wood destroying beetles in existing structures only if:

I. Applied according to label directions;

II. Prior to application, the applicator tests the wood moisture content in the target area using an instrument designed to measure moisture content of wood;

III. At least five areas where the wood moisture content is tested show moisture content of at least 18%; and,

IV. The applicator provides a written report to the property owner or agent detailing these findings to be included in the contract for control of the wood destroying organism.

(c) Records.

1. Charter holders shall maintain copies of all contracts under this rule for two years following expiration of the contract.

2. Charter holders shall maintain inspection records and associated graphs under this rule for two years following the date of inspection.

Tenn. Comp. R. & Regs. 0080-09-04-.08

Original rule filed April 1, 2016; effective June 30, 2016. Amendments filed September 27, 2021; effective 12/26/2021.

Authority: T.C.A. §§ 4-3-203 and 62-21-118.