New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter A - PESTICIDE CONTROL › Part 325 - APPLICATION OF PESTICIDES › General › Section 325.3 - Control of termites

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 following restrictions must be complied with when applying liquid termiticide:
(1) Application of termiticide must be made in
					 strict accordance with both the labeling of the termiticide being used and these
					 regulations. Where termiticide labeling and these regulations address the same
					 point, the more prohibitive requirements of the labeling or these regulations
					 must be complied with.
(2) Prior to
					 subsurface ground application of termiticide by other than the excavation/treated
					 backfill technique, a visual inspection of the application area must be made by
					 an individual certified in the termite subcategory to ensure that termiticide
					 will not move from the application area into a structure. Application near
					 foundations that have holes, cracks or voids must be made only if application is
					 limited to the excavation/treated backfill technique, or if prior to application
					 all holes, cracks and voids are filled with an impervious material in a manner
					 that completely seals any openings and prevents termiticide from moving into the
					 structure.
(3) All pressurized
					 application equipment used for subsurface ground application of termiticide must
					 be equipped with a properly operating pressure gauge that is accurate to within
					 plus or minus three pounds per square inch. During applications, pressure at the
					 nozzle must not exceed 25 pounds per square inch.
(4) During subsurface ground application of
					 termiticide along the exterior of a basement wall, by other than the
					 excavation/treated backfill technique, and during placement of termiticide
					 underneath a concrete slab by angled or horizontal rodding from an area outside
					 the perimeter of the slab, at least two employees of the pesticide business must
					 be present on the premises. During application, one of these employees must be
					 present inside the structure to observe the area of application, and to assist
					 the applicator in detecting any intrusion of termiticide into the structure. At
					 the first indication of any movement of termiticide into the structure, the
					 applicator must immediately cease applying termiticide and initiate appropriate
					 clean-up procedures.
(5) Subsurface
					 ground application of termiticide must not be made to soil at or below the level
					 of the local water table as determined by:
(i)
					 excavation of a test hole dug down to the lowest planned application area if
					 evidence of a high water table is found, such as water stains or efflorescence on
					 the interior surface of foundation walls, or the presence of a sump pit, sump
					 pump or French drain in the structure to be treated. Application of termiticide
					 to soil must not be made unless, at the end of two hours immediately following
					 completion of excavation of the test hole, the test hole does not contain any
					 water or saturated soil; or
(ii)
					 examination of all sump pits in the structure if they exist. Any standing water
					 must be removed from sump pits, and all sump pumps must be removed from sump pits
					 or disconnected from their power source for the next two hours. Application of
					 termiticide to soil must not be made unless, at the end of two hours immediately
					 following removal or disconnection of pumps, sump pits do not contain any
					 water.
(6) Subsurface
					 ground application of termiticide must not be made to soil located within 10 feet
					 of a well or cistern as measured across the surface of the soil from the
					 application area to where the well or cistern begins to descend vertically, nor
					 under or adjacent to any structure that contains a well or cistern, unless soil
					 is removed and treated outside the foundation by the excavation/treated backfill
					 technique, or unless a driven (steel casing) well screened in the water table
					 aquifer has been abandoned in a manner which meets all of the following
					 conditions:
(i) all materials must be removed
					 from the well (inner casings, pumps, pipes, electrical cable, etc.);
(ii) all appurtenant features must be
					 disconnected (water supply pipe); and
(iii) all of the casing must be completely
					 sealed with grout, cement or concrete for it's entire length. Removal of the
					 outer steel casing is not necessary.
(7) Subsurface ground application of
					 termiticide must not be made to soil within four feet above and beside water
					 pipes that are located between 10 feet and 25 feet from wells or cisterns, as
					 measured across the surface of the soil from the application area to where the
					 well begins to descend vertically, unless application is limited to the
					 excavation/treated backfill technique.
(8) Application of termiticide must not be made
					 to voids in masonry foundations unless:
(i)
					 termiticide is applied as a subsurface ground application within 42 inches of the
					 points along the foundation that are closest to the footing. Points of
					 application must be on the side of the foundation closest to the footing where
					 soil or a masonry element of construction adjoins the foundation. Anything
					 restricting access to the bare masonry foundation targeted for treatment must be
					 removed to expose an area within 42 inches of the points along the foundation
					 that are closest to the footing; and
(ii) the basement or crawl space enclosed by or
					 containing such foundation is ventilated as follows:
(a) immediately following application and for
					 at least seven days thereafter, the area must be ventilated directly to the
					 outside of the structure;
(b) the
					 minimum net area of ventilating openings must not be less than one square foot
					 for each 150 square feet of interior floor surface of the basement or crawl space
					 area; and
(c) there must be at least
					 four vents, and each vent must be located no farther than three feet from each
					 corner.
(9)
					 Subsurface ground application of termiticide must not be made to soil in areas
					 where an air circulation system is to be installed within or beneath a concrete
					 slab or floor unless the air circulation system:
(i) is completely encased in concrete;
					 or
(ii) is constructed of an
					 impervious material such as metal or plastic that is sealed prior to construction
					 of a concrete slab or floor.
(10) Subsurface ground application of
					 termiticide must not be made to structures that have an air circulation system
					 installed within or beneath a concrete slab or floor unless:
(i) all supply and return register outlets
					 throughout the air circulation system are permanently filled and sealed to
					 completely disable the system; or
(ii) application is restricted to soil outside
					 the perimeter of the concrete slab or floor, and application is made from an area
					 outside the perimeter of the concrete slab or floor by vertical rodding,
					 trenching or the excavation/treated backfill technique.
(11) Subsurface ground application of liquid
					 termiticide must not be made to structures with plenum air spaces unless
					 application is restricted to soil outside the foundation, and application is made
					 from an area outside the foundation by vertical rodding, trenching or the
					 excavation/treated backfill technique.
(12) Subsurface ground application or surface
					 application of termiticide must not be made to exposed soil in crawl spaces that
					 are more than 18 inches but less than five feet in height, as measured from the
					 floor to the underside of floor joists, or basements unless:
(i) the entire exposed soil surface is covered
					 with a concrete slab immediately following application (except areas where
					 utility access panels are constructed); or
(ii) the following measures are complied with:
(a) treated areas must be covered with a
					 concrete strip or layer of untreated soil measuring at least the width of treated
					 soil; and
(b) the basement or
					 accessible crawl space must not connect with other interior areas of the
					 structure without a separating wall or floor. The wall or floor must obstruct
					 movement of termiticide vapor to any non-target areas. The wall or floor must be
					 in place for at least seven days following application. Any access doors in the
					 wall or floor must be securely closed immediately following application;
					 and
(c) the basement or accessible
					 crawl space area must be ventilated in compliance with clauses (8)(ii)(a), (b)
					 and (c) of this subdivision.
(13) Subsurface ground application or surface
					 application of termiticide must not be made to exposed soil in crawl spaces that
					 are 18 inches or less in height, as measured from the floor to the underside of
					 floor joists, unless:
(i) the entire exposed
					 soil surface is covered with a concrete slab immediately following application
					 (except areas where utility access panels are constructed); or
(ii) the following measures are complied with:
(a) the inaccessible crawl space must not
					 connect with other interior areas of the structure without a separating wall or
					 floor. The wall or floor must obstruct movement of termiticide vapor to any
					 non-target areas. The wall or floor must be in place for at least seven days
					 following application. Any access doors in the wall or floor must be securely
					 closed immediately following application; and
(b) the inaccessible crawl space area must be
					 ventilated in compliance with clauses (8)(ii)(a), (b) and (c) of this
					 subdivision.
(14) Immediately following subsurface ground
					 application of termiticide, all drill holes must be securely plugged with
					 concrete or mortar. Plugs made out of other materials such as plastic, wood or
					 cork must be recessed a minimum of one inch and capped with concrete or
					 mortar.
(15) Retreatment must not be
					 made unless there is evidence of reinfestation subsequent to a prior application
					 as determined by the visual observation of live termites, or the sealing,
					 extension or reconstruction of mud tubes after they have been disturbed; or there
					 has been a disruption of the termiticide barrier due to construction, excavation,
					 or landscaping. This requirement applies whether the termiticide used for
					 retreatment is chemically different than the termiticide previously used. When
					 there has been a disruption of the termiticide barrier due to construction,
					 excavation, or landscaping, retreatment is restricted to application of the
					 termiticide to the disrupted area only.