Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 7 - PESTICIDES › Subchapter H - STRUCTURAL PEST CONTROL SERVICE › Division 5 - TREATMENT STANDARDS › Section 7.178 - Structural Fumigation Requirements

Current through Reg. 49, No. 28; July 12,
					 2024
(a) Fumigation of
					 structures to control wood destroying insects or other pests shall be performed
					 only under the direct on-site supervision of a certified applicator licensed in
					 the category of structural fumigation. Direct on-site supervision means that
					 the certified applicator exercising such supervision must be present at the
					 site of the fumigation during the introduction of the fumigant, any reentry
					 prior to aeration, during the initial aeration process, and when the structure
					 is released for occupancy.
(b) All
					 motor vehicles used by a licensee or licensee's employees in conducting
					 structural fumigation services, to include the transportation of tarps and
					 fumigants, shall display the TPCL number of the business. The transportation of
					 all fumigants shall be done consistent with label directions.
(c) A licensee licensed in the structural
					 fumigation category may subcontract the performance of a structural fumigation
					 to another licensee licensed in the structural fumigation category. The primary
					 contractor shall notify the customer that the performance of the structural
					 fumigation service will be performed by another properly licensed business
					 other than the primary contractor. This written notification shall be a part of
					 the disclosure documents as a separate statement itself or attached to the
					 disclosure documents, and must be signed and dated by the customer. Both the
					 primary contractor and the subcontractor shall maintain a copy of the
					 disclosure documents issued to and signed and dated by the customer, and the
					 report as described in subsection (l) of this section for a period of two (2)
					 years.
(d) Structural fumigation
					 shall be performed in compliance with all label requirements applicable to
					 state and federal laws and regulations.
(1)
					 During a fumigation, whenever the presence of two (2) persons trained in the
					 use of fumigant is required by the fumigant label, at least one (1) of these
					 persons must be the certified applicator providing direct on-site supervision
					 as described in subsection (a) of this section and the second person must be
					 trained in the necessary safety precautions.
(2) Two (2) trained persons shall be present
					 at each fumigation site during the introduction of the fumigant, any reentry
					 prior to aeration, during the initial aeration process, and if the label
					 requires, until the active aeration period with all operable doors and windows
					 open is completed and the structure is secured for the remaining aeration
					 period.
(3) During these periods of
					 time, two (2) operational Self-Contained Breathing Apparatuses (SCBA) must be
					 present at the fumigation site. Fumigators must have in their possession any
					 keys necessary to unlock secondary locking devices and/or an access device that
					 would allow for immediate access to the structure the entire time the structure
					 is under fumigation.
(4) A trained
					 person in structural fumigation must be a registered apprentice, licensed
					 technician, or certified applicator in the structural fumigation category
					 having been trained in the proper use of a SCBA and clearing
					 devices.