North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 34 - STRUCTURAL PEST CONTROL › Section .0800 - FUMIGATION › Section 34 .0801 - SPOT FUMIGATION REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any
				pesticide, used as a spot fumigant in gassing rodents, shall not be considered
				a fumigant under the provisions of these rules and regulations, provided that
				the pesticide shall be applied in such minimal quantities and in such locations
				that it, or the gases from it, will not harm human beings or domestic animals.
				All necessary precautions shall be taken with the pesticide and these shall
				include the following recommended procedures as outlined by the
				manufacturer.
(b) Spot Fumigation.
				The requirement of posting a guard or watchman as specified in Rule .0810(c)(1)
				of this Section shall not apply to spot fumigation, or during the fumigation of
				railroad box cars, trucks, aircraft, vaults, common carriers and similar
				structures of limited space, or when using pure chloropicrin, provided the
				structure or enclosed space can be adequately locked, unless deemed necessary
				by the certified applicator or the licensed structural pest control operator in
				charge of the fumigation operation. This does not relieve the certified
				applicator or the licensed structural pest control operator in charge of the
				fumigation operation, from full responsibility in connection with all other
				safety precautions and requirements.
(c) Rules .0805(a), (b), (c), and (d) of this
				Section do not apply to the use of fumigants to control insects, rodents, and
				other pests outside of structures or buildings, or to spot treatment within
				structures or buildings or to fumigation of railroad box cars, trucks,
				aircraft, special rooms, tanks, vaults, chambers, and similar structures of
				limited size where the fumigator remains outside the space being fumigated and
				is not exposed to toxic concentrations of the fumigant(s) used. These
				exemptions do not, however, relieve the individual in charge of the fumigation
				from full responsibility in connection with all safety precautions and
				requirements.
(d) Prior to the
				application or release of fumigant(s), suitable warning signs shall be securely
				and conspicuously posted at the ground level on the outside of all doors and
				entrances to the structure; and at least one warning sign on the outside of
				each side of the structure or enclosed space to be fumigated; and outside on
				all doors and entrances, to enclosed space(s) or common carriers to be
				fumigated. Such warning signs shall not be less than 10 inches by 12 inches,
				printed, painted or made in indelible red ink or paint, insoluble in water,
				upon a white background. All lettering on the sign shall be not less than
				one-fourth of one inch high.
(e)
				Warning signs for outside of structure(s) or enclosed space(s) shall be as
				follows:
(Skull DANGER (Skull
And FUMIGATING WITH And
Crossbones) (Name of Fumigant) Crossbones)
DEADLY POISON
ALL PERSONS ARE WARNED TO KEEP AWAY
Name of Fumigator__________________
Address ___________________________
Day Telephone Number ______________
Night Telephone Number ____________
The words "Danger" and "Deadly Poison" shall be in block
				  lettering at least two inches high. The name of the fumigant shall be at least
				  five-eights of one inch high. The skull and crossbones shall be at least one
				  inch high.
(f) Warning
				signs for outside of structure or enclosed space shall be as follows:
"Warning: An area within this structure is being fumigated
				  with a deadly poison. All persons entering this building should avoid areas so
				  marked." All lettering on the sign shall be not less than one inch high. The
				  skull and crossbones shall be at least one inch high on the
				  sign.
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.