W. Va. Code R. § 61-12J-9

Current through Register Vol. XLI, No. 17, April 26, 2024

Section 61-12J-9 - Application of Pesticides to Schools, and Child Care Centers and Family Child Care Facilities

9.1. Level 3 and Level 4 pesticide applications shall not be made in the presence of students, children in child care centers or children in family child care facilities or employees of schools, child care centers or family child care facilities, except for school, child care center or family child care facility employees who are certified pesticide applicators. Pesticides may be applied to a localized area of infestation when students, children or school, child care center or family child care facility employees are present if the infestation causes an imminent threat of bodily harm.

9.2. All pest control methods or practices shall be conducted in conformance to the Use of the Least Hazardous Materials as outlined in Section 7 of this rule.

9.3. All pesticide applications made to schools, child care centers or family child care facilities shall be applied in accordance with the integrated pest management plan filed with the Commissioner.

9.4. All pesticide applications shall only be made by certified commercial pesticide applicators or certified public applicators or registered technicians under the supervision of a certified pesticide applicator as outlined in West Virginia Department of Agriculture Certified Pesticide Applicator Rules, 61CSR12A.

9.5. The commissioner shall require all certified pesticide applicators applying pesticides or supervising the application of pesticides, or persons providing services as a consultant to complete a specialized training program in urban integrated pest management.

9.5.a. Any specialized urban integrated pest management programs not offered by the commissioner must be approved by the commissioner.

9.5.b. Pesticide applicators certified in the General Pest Control sub-category as detailed in 61CSR12A Certified Pesticide Applicator Rules who complete the specialized training program in urban integrated pest management prior to September 1, 1996 shall be determined to be certified in Urban Integrated Pest Management.

9.5.c. After September 1, 1996, the commissioner shall require all certified pesticide applicators applying pesticides or supervising the application of pesticides in a school, child care center or family child care facility, or persons providing services as a consultant to schools, child care centers and family child care facilities to be examined and certified in the sub categories of General Pest Control and Urban Integrated Pest Management as outlined in 61CSR12A Certified Pesticide Applicator Rules.

W. Va. Code R. § 61-12J-9