Structural Exterminations — Fumigations of Vaults
39. (1) The person responsible for a vault shall not cause or permit an extermination to be performed in which fumigant gas or chloropicrin is used in the fumigation of the vault if the person is aware that the vault is not gas-tight. O. Reg. 405/98, s. 27. (2) The person responsible for a vault shall not cause or permit an extermination to be performed in which fumigant gas or chloropicrin is used in the fumigation of the vault unless the vault has been confirmed to be gas-tight by the report of a professional engineer issued within the previous five years or, if any work has been done on the vault during the previous five years that could affect whether the vault is gas-tight, by the report of a professional engineer issued since the work was done. O. Reg. 405/98, s. 27. (3) The person responsible for a vault shall promptly submit to the Director a copy of every report of a professional engineer that is prepared in respect of the vault for the purpose of determining whether the vault is gas-tight. O. Reg. 405/98, s. 27. (4) The holder of a Fumigation — General structural exterminator’s licence is exempt from subsection 7 (1) of the Act for an extermination by means of a fumigant gas or chloropicrin in a vault that meets the criteria set out in subsection (7). O. Reg. 405/98, s. 27. (5) The holder of a Fumigation — Commodity structural exterminator’s licence is exempt from subsection 7 (1) of the Act for an extermination by means of phosphine in a vault that meets the criteria set out in subsection (7). O. Reg. 405/98, s. 27. (6) The holder of a Fumigation — Vault structural exterminator’s licence is exempt from subsection 7 (1) of the Act for an extermination by means of a fumigant gas authorized by the licence in a vault that meets the criteria set out in subsection (7). O. Reg. 405/98, s. 27. (7) The criteria referred to in subsections (4), (5), (6) and (8) are met if, (a) the vault has been confirmed to be gas-tight by the report of a professional engineer issued within the previous five years or, if any work has been done on the vault during the previous five years that could affect whether the vault is gas-tight, by the report of a professional engineer issued since the work was done; (b) the vault is free of any obvious damage that would suggest that the vault is not gas-tight; and (c) the vault is equipped with, (i) a sheet metal lining having soldered joints and covering the walls and ceilings, or any other lining that is equivalent in the opinion of the Director, (ii) a floor that is made of material impervious to fumigants, (iii) a gasket that is non-reactive to the pesticide being used, (iv) an exhaust fan controlled by a switch from outside the vault capable of giving 10 changes of air per hour and discharging exhaust gases into the outside atmosphere at a point removed from any door, windows or openings, and (v) provision to introduce gas from outside the vault. O. Reg. 405/98, s. 27. (8) The following conditions apply to an extermination in which fumigant gas or chloropicrin is used in the fumigation of a vault: 1. Unless a permit provides otherwise, the exterminator shall inspect the vault and shall not proceed with the extermination unless he or she is satisfied that the vault meets the criteria set out in subsection (7). 2. Before a gas is generated or introduced, the exterminator shall search the vault to ensure that it contains no person. 3. The exterminator shall have adequate respiratory protection during the extermination and airing out. 4. The exterminator shall lock the door of the vault by means of a padlock before the generation or introduction of gas begins, shall keep it locked until the airing out begins, and shall keep the keys in his or her possession. 5. If, during the course of the extermination, the exterminator determines that the vault is not gas-tight, he or she shall take reasonable steps to temporarily seal the leaks and, within 24 hours after the airing out is completed, shall give written notice of the presence of the leaks to the person responsible for the vault and to the Director. 6. Other than the exterminator, no person shall enter the vault until the airing out is completed. 7. The exterminator shall post a warning placard on the vault entrance. 8. The exterminator shall be present during the airing out period. 9. The exterminator shall perform tests at representative locations in the vault in which the extermination was performed to determine whether airing out is completed. O. Reg. 405/98, s. 27. Structural Exterminations — Indoor Fumigations under Coverings or inside Sealed Containers