Indoor fumigations, no covering or sealed container
 60. (1) This section applies to a fumigation if, (a) the fumigation is performed by means of a Class B pesticide that is a fumigant gas; (b) the fumigation is performed inside a building or a portion of a building; and (c) section 62 does not apply to the fumigation.  O. Reg. 63/09, s. 60 (1); O. Reg. 134/20, s. 26. (2) At least 24 hours before but not more than seven days before performing a fumigation mentioned in subsection (1), the exterminator shall deliver a notice in writing, (a) to the owner or a representative of the owner of the building where the fumigation is to be performed and, if the building contains one or more dwelling units, to every occupant 16 years of age or over of every dwelling unit; (b) to the owner or a person apparently in charge of, (i) every building physically attached to the building where the fumigation is to be performed, (ii) every building on the same parcel of land as the building where the fumigation is to be performed, and (iii) every building so located that the fumigation constitutes an actual or potential hazard to the occupants; and (c) to the medical officer of health, the police force and the fire department responsible for the area in which the fumigation is to be performed.  O. Reg. 63/09, s. 60 (2). (3) A notice under subsection (2) shall set out, (a) the address where the fumigation is to be performed; (b) the name of the licensed exterminator and the licensed exterminator’s emergency phone number; (c) the fumigant gas; (d) the proposed date of the fumigation; and (e) that occupants are to vacate and remain out of the building where the fumigation is to be performed, and every building physically attached to that building, at all times during the fumigation.  O. Reg. 63/09, s. 60 (3). (4) Before performing a fumigation mentioned in subsection (1), the exterminator shall, (a) ensure that the building where the fumigation is to be performed and every building physically attached to that building are unoccupied; (b) seal all openings in the building or the portion of the building where the fumigation is to be performed, including drains, ducts, vents and cracks, in a manner that suppresses the release of gas; (c) remove from the building or the portion of the building where the fumigation is to be performed all substances that are not compatible with the fumigant gas to be used; (d) lock all doors and entrances to the building where the fumigation is to be performed, and all doors and entrances to every building physically attached to that building; and (e) post Sign A, referred to in the Table to subsection 1 (5), at all entrances to the building where the fumigation is to be performed, and at all entrances to every building physically attached to the building, and ensure that each sign is sufficiently illuminated at all times to allow it to be read.  O. Reg. 63/09, s. 60 (4). (5) At all times during a fumigation mentioned in subsection (1), the exterminator shall ensure that, (a) the signs required to be posted remain posted; (b) no person enters or remains in the building where the fumigation is being performed, or any building physically attached to that building, except a licensed exterminator authorized to use the fumigant gas or emergency personnel; (c) a person mentioned in clause (b) who enters the building where the fumigation is being performed, or any building physically attached to that building, uses adequate respiratory protection and is accompanied by at least one other person mentioned in clause (b) who also uses adequate respiratory protection; and (d) security personnel are posted in a manner sufficient to prevent any unauthorized person from entering the building where the fumigation is being performed, any building physically attached to that building or any area surrounding the buildings in which unauthorized persons might come to harm because of the fumigant gas.  O. Reg. 63/09, s. 60 (5). (6) During the airing out phase of a fumigation mentioned in subsection (1), the exterminator shall, (a) circulate fresh air to every air space in the building where the fumigation was performed, and to every air space in every building physically attached to that building, so that fresh air is circulated to all of those spaces for whatever period of time is necessary to complete the airing out phase; and (b) perform tests in every room of the building in which the fumigation was performed, and in every room of every building physically attached to that building, to determine whether the airing out phase is complete.  O. Reg. 63/09, s. 60 (6). (7) Within seven days after a fumigation mentioned in subsection (1) is complete, the exterminator shall notify the Director of the completion and of any unexpected or adverse consequences.  O. Reg. 63/09, s. 60 (7).