5E-14.102: Definitions
5E-14.105: Contractual Agreements in Public's Interest - Control and Preventive Treatment for Wood-Destroying Organisms
5E-14.110: Fumigation Requirements - Notices
5E-14.111: Fumigation Requirements - Application; Restrictions and Precautions
5E-14.112: Fumigation Requirements - Prefumigation Inspections, Evacuation, Warning Notices (Signs), Special Safety Precautions and Responsibilities
5E-14.142: Responsibilities and Duties - Records, Reports, Advertising, Applications
PURPOSE AND EFFECT: To clarify the definition of a “connected structure” and delineate requirements for structural connections which have not previously been provided in rule for fumigation pest control, alert consumers to the possibility that fumigations may be performed by a subcontracted company; appropriately address the need to provide the department prior notice of a fumigation as well as set forth new requirements for emergency information required on fumigation signage; provide fumigator’s the option of using the chloropicrin warning agent at label prescribed rates; and require records be maintained with respect to cylinder usage as part of the overall fumigation record keeping.
SUMMARY: The purpose of the rule amendment is to clarify the definition of a “connected structure” and delineate requirements for structural connections which have not previously been provided in rule for fumigation pest control, alert consumers to the possibility that fumigations may be performed by a subcontracted company; appropriately address the need to provide the department prior notice of a fumigation as well as set forth new requirements for emergency information required on fumigation signage; provide fumigator’s the option of using the chloropicrin warning agent at label prescribed rates; and require records be maintained with respect to cylinder usage as part of the overall fumigation record keeping.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 482.051 FS.
LAW IMPLEMENTED: 482.051, 482.051(3), 482.051(4), 482.152, 482.241, 482.071, 482.091, 482.161(1)(g), 482.226(1), (2), (4), (5), (6) FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: May 2, 2008, 9:00 a.m.
PLACE: Broward Extension Office, 3245 College Avenue, Davie, Florida 33314
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Mr. Michael J. Page, Chief of Entomology and Pest Control, 1203 Governors Square Boulevard, Suite 300, Tallahassee, Florida 32301-2961, (850)921-4177
THE FULL TEXT OF THE PROPOSED RULE IS:
5E-14.102 Definitions.
(1) through (16) No change.
(17) “Connected Structure” is defined as any structure physically connected with the structure to be fumigated by construction elements (e.g. pipes, conduits, ducts, etc.) which may allow transfer of fumigant between the structures.
Specific Authority 482.051 FS. Law Implemented 482.051(1) FS. History–New 1-1-77, Amended 6-27-79, 6-22-83, Formerly 10D-55.102, Amended 8-11-93, 6-12-02, 4-17-03,________.
5E-14.105 Contractual Agreements in Public’s Interest – Control and Preventive Treatment for Wood-Destroying Organisms.
(1) through (8) No change.
(9) A licensee acting as a primary contractor with the intent of subcontracting the actual performance of the work to another licensee shall obtain a signed statement from the customer acknowledging that the performance of the work may be assigned to another licensee other than the primary contractor. This statement may be part of the contract itself or attached to the contract as a separate document.
Specific Authority 482.051 FS. Law Implemented 482.051(3) FS. History–New 1-1-77, Joint Administrative Procedures Committee Objection Withdrawn – See FAW Vol. 3, No. 30, July 29, 1977, Amended 6-27-79, 10-25-90, Formerly 10D-55.105, Amended 8-11-93, 4-17-03, 6-1-06,________.
5E-14.110 Fumigation Requirement – Notices.
Each licensee, before performing general fumigation, shall in advance notify in writing the department inspector having jurisdiction over the location where the fumigation operation is to be performed. Notification shall be made on DACS Form 13667, rev. 01/08. Such notices shall be received by the department inspector at least twenty four (24) hours in advance of the fumigation period. The notice shall state the following:
(1) through (2) No change.
(3) Name of certified operator in charge and/or his designated certified operator(s) and special fumigation identification card holder(s) together with his day and night telephone numbers.
(4) (Location (address) and type of structure (residential, commercial, multi-unit, single family/business or other) to be fumigated.
(5) Date of and, as nearly as possible, the approximate time of release of fumigant, (minimum of a.m. or p.m.), and approximate length of fumigation period. Any change(s) in information required in written notices by this regulation shall be reported in writing in advance of the fumigation period.
Specific Authority 482.051 FS. Law Implemented 482.051(4) FS. History–New 1-1-77, Amended 6-27-79, 6-22-83, 10-25-90, Formerly 10D-55.110, Amended 7-5-95,________.
5E-14.111 Fumigation Requirements – Application; Restrictions and Precautions.
(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 joined to or in contact 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.) This requirement may be waived in the fumigation of commodities in industrial areas when it is determined upon prior inspection by the certified operator in charge that no danger to human life or health exists.
(3)(a) In the event one or more structures in a row of physically joined structures is to be fumigated, at least one additional complete building structure next to and on both sides of the structure to be fumigated must be vacated, provided there are no common drains, air ducts, conduits, attics or other means permitting escape or passage of the fumigant from the structure to be fumigated into the additional vacated building(s). If there are common means permitting passage of the fumigant into the additional vacated building(s) then one more building must be vacated and so on. If this set of conditions cannot be met, the entire row of structures must be vacated or the fumigation shall not be carried out.
(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 to make a careful examination of all parts of the structure to be fumigated, including locked rooms, compartments, closets, enclosed spaces and any connected structures, physically joined to or in contact with said structure to verify that no persons have remained therein.
(5) No change.
(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. Registered label mixtures of at least one-fourth of one percent chloropicrin by net weight analysis may be used in lieu of the above.
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.
Specific Authority 482.051 FS. Law Implemented 482.051(1), 482.152, 482.241 FS. History–New 1-1-77, Amended 6-27-79, 6-22-83, Formerly 10D-55.111, Amended 8-11-93,________.
5E-14.112 Fumigation Requirements – Prefumigation Inspections, Evacuation, Warning Notices (Signs), Special Safety Precautions and Responsibilities.
(1) through (2) No change.
(3) Warning signs shall conform in design and information set forth as follows:
(Skull and DANGER (Skull and
Crossbones FUMIGATING WITH Crossbones
Symbol) (Accepted common Symbol)
name of Fumigant
DEADLY POISON
ALL PERSONS ARE WARNED TO
Keep away
Date and time fumigant was injected ____________________
Company Name ____________________________________
Company Business Address ___________________________
Certified Operator in Charge ___________________________
(or designated Spec. Fum. Iden. Card Holder)
Fumigant Injected by_________________________________
Day Telephone _____________
Night Telephone ____________
(4) through (7) No change.
Specific Authority 482.051 FS. Law Implemented 482.051(1), 482.152 FS. History–New 1-1-77, Amended 6-27-79, Formerly 10D-55.112, Amended 4-17-03,________.
5E-14.142 Responsibilities and Duties – Records, Reports, Advertising, Applications.
(1) Records: Pest Control records of the licensee pertaining to pest control activities and including contracts shall be kept at the licensed business location or at the exact
(2) through (8) No change.
Specific Authority 482.051 FS. Law Implemented 482.071, 482.091, 482.161(1)(g), 482.226(1), (2), (4), (5), (6) FS. History–New 1-1-77, Amended 6-27-79, 6-22-83, 1-20-87, 10-25-90, Formerly 10D-55.142, Amended 8-11-93, 5-28-98, 4-29-02, 4-17-03, 6-2-04, 6-1-06,________.