Current through Bulletin 2024-23, December 1, 2024
Section R68-7-18 - Minimum Standards for Fumigant Applications(1) Application of fumigant products require strict adherence to the label, and when required by the label, a verified and written Fumigation Management Plan (FMP) shall be prepared in advance of treatment. An FMP shall provide details regarding the information prescribed by the label. Utah standards for fumigation treatments of any space that can be occupied by a person, or non-target species, require the following: (a) at least two persons present at the time of releasing the fumigant and during the initial ventilation, one of whom shall be a certified pesticide applicator with the fumigation category, present at the time of the releasing of the fumigant and during the initial ventilation. During the interim, the premises shall be adequately safeguarded against entry by any other person;(b) notification of local fire department or first responder before fumigation of any building or enclosed space, other than a fumigating vault, the with the address of the fumigation job, time of gas release, kind of gas to be used, and the beginning time of the aeration of the premises.(c) Premises sealed. Premises to be fumigated shall be sealed in a manner that confines the fumigant to the space intended to be fumigated.(d) Inspection of premises before releasing fumigant. Immediately before releasing the fumigant, the certified pesticide applicator shall conduct a thorough inspection of the premises to verify that no person or non-target animals remain, and that effective precautions have been taken to safeguard occupants of neighboring buildings as set forth in Subsection R68-7-18(1)(e).(e) Fumigation of apartments within a multiple unit apartment building.(i) Fumigation of apartments within a multiple unit apartment building may be fumigated only after the apartments are vacated and the area to be fumigated is properly sealed.(ii) The adjacent units shall be properly ventilated during the entire exposure period.(f) Notification of dwellings or places of business within 100 feet of the building being fumigated. (i) Dwellings or places of business within 100 feet of the building being fumigated shall be notified in writing in advance of the fumigation.(ii) Premises within 10 feet shall be vacated during the fumigation and aeration periods.(g) Warning signs.(i) Warning signs shall be posted conspicuously at entrances of the premises to be fumigated and at the entrances of adjacent multiple units and structures within ten feet and kept there during the entire fumigation and ventilation period. Signs shall be in a bright and conspicuous color with a minimum size of 8 1/2 inches by 11 inches, bearing the word "poison," displaying the skull and crossbones, the name of the fumigant used, and the name, address, and telephone number of the certified pesticide applicator.(ii) Before the fumigant is released, entrances leading directly to the fumigated space shall be closed, sealed, and locked, except exits to be used by the fumigating crew. These exits shall be closed, sealed, and locked promptly after the fumigant has been released.(h) Masks worn.(i) Each member of the fumigating crew shall be equipped with a serviceable mask of a type approved by the U.S. Mines, Safety, and Health Administration with the correct canister for the type of gas used.(ii) Masks shall be worn while in the enclosed space during and after release of the fumigant, and until initial ventilation is completed.(i) Re-entering fumigated premises. (i) No one other than the certified pesticide applicator shall be permitted to re-enter the fumigated premises until the certified pesticide applicator has ascertained by personal inspection, with gas mask and with a chemical appropriate test, that the premises are safe for occupancy.(ii) Aeration shall be conducted according to the product labeling and re-entry allowed according to levels specified on the label.(j) Subsections R68-7-18(1)(a) through R68-7-18(1)(i) may not apply to fumigants used to control insects or other pests outside of buildings, or for spot fumigations, or restrictive treatments inside a building, such as grain bins.(i) Strict adherence to the label instructions shall be adhered to during these applications.(ii) During the ventilation period of a spot or restrictive fumigation, the premises shall not be occupied by anyone except the certified pesticide applicator.(iii) A warning gas is recommended where the fumigant is comparatively odorless.(2) Fumigation of burrowing rodents requires strict adherence to the label as well as a Fumigation Management Plan (FMP) that shall contain the following information: (a) the purpose of the pesticide application indicating the exact pest to be controlled, and the type of burrow system to be treated;(b) the pesticide used, stating the name of the pesticide, the EPA registration number, and dosage used;(c) the property treated information recording the property or facility name and address, and verifying the manager's or property owner's name and contact information;(d) the certified pesticide applicator information recording the certified pesticide applicator's name, company, pesticide applicator license number, phone numbers, and verifying with valid government issued identification;(e) any emergency agency contact information, recording the phone numbers for the nearest hospital, fire department, police department, poison control center, and the registrant of the fumigant; and(f) instructions given to personnel, verifying by written signatures that personnel have been instructed to:(i) report any accident or incident related to exposure, provide a telephone number for emergency response reporting;(ii) report to the proper authorities any theft of fumigant or equipment related to fumigation; and(iii) follow label directions, paying particular attention to the Monitoring, Notification, Sealing, Application Procedures, Fumigation Period, and Use Restrictions portions of the label instructions.(g) Burrowing Rodent Fumigation Record Keeping: Additional Standards. In addition to the recordkeeping requirements contained in Sections R68-7-11 and R68-7-12, the applicator shall keep as part of the record a scaled diagram of the property treated that includes dimensions of the property, any structures present, and mark each burrow treated on the diagram.Utah Admin. Code R68-7-18
Adopted by Utah State Bulletin Number 2021-18, effective 9/1/2021Amended by Utah State Bulletin Number 2022-18, effective 9/7/2022