W. Va. Code R. § 61-12J-2

Current through Register Vol. XLI, No. 12, March 22, 2024
Section 61-12J-2 - Definitions
2.1. "Broadcast" means the application of pesticides over an area such as a lawn, field, room, crawl space, or other such surface. The term does not include crack and crevice or spot applications made to selected plants, insects, soil, or surfaces.
2.2. "Child care" means a child care center or a family child care facility.
2.3. "Child care center" means a completed structure used for the care of thirteen or more children on a non-residential basis.
2.4. "Crack and crevice treatment" means the application of small amounts of insecticides into openings commonly found at expansion joints, between different elements of construction, and between equipment and floors or walls.
2.5. "Family child care facility" means a completed structure used to provide non-residential child care for seven to twelve children.
2.6. "Least hazardous materials" means the use of pest control practices and methods, including the use of chemicals in a manner to cause the least practical exposure to the occupants of a structure. The "least hazardous materials" takes into account the method of application, toxicity of the product and the exposure to the occupants to the practice or methods employed to control pests, such as the use of a non-volatile material formulation and/or application method as opposed to a broadcast application that creates potential for exposure.
2.7. "Material safety data sheet" means a fact sheet that is designed for distribution to chemical manufacturing plant workers and refers to the toxicity of the concentrate of a pesticide product. In the case of ready-to-use products, "material safety data sheets" may be the same as "consumer information sheets."
2.8. "Pesticide" means, for the purposes of this rule, the use of insecticides and herbicides that are applied into or around a building and the adjacent grounds used by a school, child care center or family child care facility.
2.9. "Re-entry period" means the time that must elapse from the completion of a pesticide application until students or school and child care employees may enter the building to conduct scheduled activities.
2.10. "School" means a completed structure used for public or private education, grades kindergarten through twelfth grade.
2.11. "School grounds" means the area outside of the school buildings controlled, managed, or owned by the school or school district, including lawns, playgrounds, sports fields, and any other property or facility controlled, managed, or owned by a school.
2.12. "Space treatment" means the application of a pesticide that is intended to discharge the pesticide into the air throughout an entire room or area.
2.13. "Spot treatment" means the application of a pesticide to a limited area where pests are likely to occur, such as floors, walls, bases or the underside of equipment, turf or ground. A "spot" shall not be more than 2 square feet and shall not be more than 20 percent of a surface area.

W. Va. Code R. § 61-12J-2