Florida Administrative Code
5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
5E - Division of Agricultural Environmental Services
Chapter 5E-14 - ENTOMOLOGY - PEST CONTROL REGULATIONS
Part I - PUBLIC HEALTH AND SAFETY
Section 5E-14.112 - Fumigation Requirements - Prefumigation Inspections, Evacuation, Warning Notices (Signs), Special Safety Precautions and Responsibilities

Universal Citation: FL Admin Code R 5E-14.112

Current through Reg. 50, No. 187; September 24, 2024

(1) Final pre-application of fumigant and evacuation inspection: Before the fumigant(s) is to be applied, the certified operator in charge or his designated special fumigation identification card holder must make a final, personal inspection of the structure and shall ensure that:

(a) All preparations for fumigation as directed by the label have been completed.

(b) No unauthorized person is present within the structure or enclosed space to be fumigated or in any adjacent structures or spaces that are required by these regulations to be vacated because of danger from the fumigation operation.

(d) The final inspection must be conducted immediately before the fumigant is to be applied, unless the structure is a multi-unit dwelling, in which case, the following special provision shall apply:

On multi-unit dwellings, the certified fumigation operator in charge and/or his designated special fumigation identification cardholder shall conduct a thorough, systematic inspection of each room in every unit to ensure that all provisions specified above have been completed. Then, exterior doors and/or entrances of each inspected unit shall be secured against unauthorized re-entry while preparations and inspection of other units or areas of the structure are completed. This may require the temporary use of secondary locks on entrances that are to be left unattended between the time of inspection and the introduction of the fumigant. If an individual unit or units cannot be safely secured while preparations of other areas are taking place, then those units must be re-inspected immediately before the fumigant is to be applied.

(2) Prior to the application of fumigant(s), suitable warning signs of stiff, weather-proof material must be securely affixed and conspicuously posted as follows:

(a) In tape-and-seal fumigation operations: at or on all doors and entrances to the structure or enclosed space, and at least one (1) warning sign on all sides of the structure or enclosed space not having a door or entrance;

(b) In tent fumigation operations and also including commodity fumigations: at least one (1) warning sign posted at or on all doors and entrances to the structure or enclosed space and at least one (1) warning sign on all sides of the outside of the tents or sealing covers of the structure, enclosed space or commodities being fumigated;

(d) Upon all gangplanks, ladders, etc. from the dock, pier or land to vessel.

(e) On multi-unit dwellings, warning signs must be posted at or on all exterior doors or entrance(s) of the structure which, depending on construction, might require sign(s) on all exterior doors or entrances of each individual unit or apartment.

(3) Warning signs shall conform in design and information set forth as follows:

(Skull and Crossbones Symbol)	Danger	(Skull and Crossbones Symbol)
	Fumigating with
	(Accepted common name of Fumigant)
	Deadly Poison
	All Persons are Warned to Keep Away

Date and time fumigant was introduced ___

Company Name ___

Company Business Address ___

Certified Operator in Charge ___

Fumigant Introduced by ___

Day Telephone ______

Night Telephone ______

(4) Signs required must be printed, painted or made in indelible red ink or paint insoluble in water, on white background. The words "Danger" and "Deadly Poison" shall be in block lettering at least two (2'') inches high. The name of the fumigant shall be at least five-eighths (5/8'') inch high. The skull and crossbones symbol shall be at least one (1'') inch high. All other lettering on the sign must be not less than one-half (1/2'') inch high.

(5) All information displayed on warning signs must be accurate and legible. The name and day and night telephone number of the certified operator in charge of fumigation, or a certified fumigation operator, or a special fumigation identification cardholder who introduced the fumigant at the fumigation site must be displayed on the warning sign. Additional numbers and other contact information may be placed on the sign. All emergency phone numbers must be a phone number, mobile/cell phone number or beeper number in the possession of a person familiar with the job and trained to respond to fumigation emergencies and equipped with label required respiratory protection and gas detection equipment. Answering machines, beepers or voice mail systems that do not provide a mechanism for immediate notification to an individual as described above are prohibited. A 24 hour manned answering service that can immediately contact a certified fumigation operator or a special fumigation identification cardholder of the company who can respond to the emergency is acceptable.

(6) Such warning signs posted on the outside of tents or sealing covers shall not be removed prior to commencement of ventilation: and such warning signs posted on or at entrances to the structure (itself), enclosed space or commodities being fumigated shall not be removed until the end of the fumigation period, when ventilation has been completed and the premises declared safe for reoccupancy as required by subsections 5E-14.113(1) and (2), F.A.C. Ventilation shall be conducted with due regard for the public safety.

(7) Special safety precautions, responsibilities.

(a) When conditions involving abnormal hazards exist, it shall be the responsibility of the person exercising direct and personal supervision of the fumigation operation to take such safety precautions additional to those prescribed by this chapter as are reasonably necessary to protect the public health and safety.

(b) All exterior doors and entrances to the fumigated structure(s) shall be posted with a warning sign on or at each door or entrance prior to the release of the fumigant, locked, and secured with a secondary locking device(s) or barred or otherwise secured against entry until the end of the exposure period, then opened for ventilation and relocked, barred or otherwise secured against reentry, including the reinstallation of the secondary locking device(s), until declared to be safe for reoccupancy by the person exercising direct and personal supervision of the fumigation operation as required by subsections 5E-14.113(1) and (2), F.A.C. A door or entrance, that, once locked from the interior with a lock that is not accessible from the exterior, does not require a secondary locking device or barricade.

(c) Entrances which do not have existing locking mechanisms or are inoperable must still be secured with a secondary locking device.

(d) If multi-unit dwellings with internal stairwells accessing each floor can be secondarily locked or secured, barred or barricaded at all ground level entrances, then no other secondary locking devices are necessary, provided that the requirements of subsection 5E-14.112(1), F.A.C., are met. Multi-unit dwellings with exterior stairwells or fire escapes must be secured or otherwise barricaded or barred to prevent entry from both ground and first floor levels and from any entrance to the structure accessed from the stairwell or fire escape. If neither of these conditions can be met, then all entrances to individual units and all exterior entrances must be locked or secured, barricaded or barred with secondary locking devices.

Rulemaking Authority 482.051 FS. Law Implemented 482.051(1), 482.152 FS.

New 1-1-77, Amended 6-27-79, Formerly 10D-55.112, Amended 4-17-03, 9-17-08.

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