North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 34 - STRUCTURAL PEST CONTROL › Section .0800 - FUMIGATION › Section 34 .0808 - FUMIGATION APPLICATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The dwelling or
				place of business to be fumigated and all parts thereof shall be vacated by
				human beings and domestic animals during the fumigation operation. In addition,
				dwellings or enclosed spaces which are physically joined to or in contact with
				or within ten feet of the structure to be fumigated shall be vacated by human
				beings and domestic animals during the fumigation and ventilation
				periods.
(b) Exemptions from Rule
				.0808(a) of this Section. Apartments within a multiple unit apartment building
				may be fumigated only after proper sealing of the area to be fumigated and only
				after adjacent apartments on all sides and those apartments on the next floor,
				directly above and below, are vacated. All the herein described adjacent units
				shall be properly ventilated during the entire exposure and ventilation
				periods.
(c) It shall be the duty
				of the certified applicator or licensed fumigator in charge of the fumigation
				operation to be present and personally to make a careful examination of all
				parts of the structure(s) to be fumigated, including locked rooms,
				compartments, and closets, and of dwellings or enclosed spaces physically
				joined to or in contact with said structure, to verify that no humans or
				domestic animals have remained therein, and that all necessary precautions have
				been undertaken to safeguard the lives and health of all persons and domestic
				animals occupying neighboring structures and buildings.
(d) Fumigation of structures shall be
				performed in strict accordance with the registered label directions and
				precautions for the intended use of the fumigant, provided there is sufficient
				distance along the entire length of the passageway between the structure(s) to
				be fumigated and all adjacent occupied structures to permit comfortable, free
				and reasonable passage for the members of the crew to work; for the guard on
				duty to patrol and make frequent periodic inspections; for the certified
				applicator or licensed fumigator to make tests along the passageway for
				escaping gas with the gas-detecting equipment and otherwise.
(e) No certified applicator or licensed
				fumigator shall fumigate any structure or enclosed space with any fumigant if
				the structure or enclosed space to be fumigated is less than ten feet away from
				any other structure, measured by their closest points unless such other
				structure(s) is vacated of all human beings and domestic animals during the
				entire fumigation and ventilation periods.
(f) Premises to be fumigated other than those
				cited in Rule .0807(b) of this Section shall be sealed in such a manner as to
				adequately confine the fumigant to the space intended to be fumigated. Any
				structure which cannot be made reasonably gas-tight by sealing or tenting shall
				not be fumigated.
(g) All
				structures to be fumigated for the control and/or elimination of infestations
				of drywood termites, wood boring beetles or other structural infesting pests
				shall be covered completely with a gas-retaining cover in advance of the
				release of any fumigant.
Authority
				  G.S.
				  106-65.29;
Eff. July 1,
				  1976;
Readopted Eff. November 22, 1977;
Amended Eff.
				  August 1, 1980;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. November 22,
				  2018.