Current through Register Vol. 47, No. 6, September 18, 2024
All Cornmercial or public applicators who apply pesticides
within urban areas in municipalities shall post or affix notification signs at
the start of the application and for at least 24 hours following the
application or longer if required by the reentry directions on the pesticide
label(s). The requirements of this rule shall not apply to the application of
pesticides within a structure or within six feet of the outside perimeter of a
structure and to pesticide applications made by the homeowner or tenant to
their property.
For purposes of enforcement of this rule the term
"municipality" shall include any city or developed residential area in the
state. The term "urban" shall mean any area within or belonging to a city or
developed residential area.
(1)
Residential lawns.
a.
Notification signs shall project at least 12 inches above the top of the grass
line or 18 inches to the top of the signs.
b. The notification sign shall be posted on a
lawn or yard between two feet and five feet from the sidewalk or street.
Residences that have unfenced or open backyards shall be posted within two feet
to five feet from the back lot line.
c. When landscaping or other obstructions
prohibit Cornpliance with the minimum distances specified, the notification
signs shall be posted in a manner that is reasonably within the intent of this
subrule.
(2)
Golf courses. Signs including posters or placards shall be
posted in a conspicuous manner near the first tee of each nine-hole course. The
sign shall be constructed of a weather-resistant material and be a minimum size
of 81/2 inches by 11 inches. The lettering shall not be less than 1/2
inch. The sign shall read "Pesticides are periodically applied to the golf
course. If desired, you may contact your golf course superintendent or person
in charge for further information." The sign shall be displayed prior to the
application of any pesticide on the golf course and left in place for at least
24 hours following any pesticide application. Where pesticide labeling requires
specific notification or reentry restrictions, the applicator shall Cornply
with the label instructions.
(3)
Parks, playgrounds and athletic fields. For parks, athletic
fields, playgrounds or other similar recreational property, the notification
signs shall be posted immediately adjacent to areas within the property where
pesticides have been applied and at or near the entrances to the property where
pesticides have been applied. The notification signs shall be placed in a
conspicuous manner to provide a reasonable notification to the
public.
(4)
Public
rights-of-way.
a. Notice of the
application of pesticides to public rights-of-way of highways, roads, streets,
alleys, sidewalks and recreational trails within the corporate limits of
municipalities shall be posted in a manner that provides reasonable notice to
the occupants of properties immediately adjacent to the area being treated. A
minimum of two signs shall be posted to denote the beginning and the end of the
area being treated. Within developed residential zones, at least one sign shall
be posted at the beginning and one at the end of each block. Signs shall be
placed in a manner to be readable from the adjacent property.
b. Public rights-of-way bordered by a chain
link fence, noise wall or other structures or enclosures that bar pedestrian
access shall be exempt from the posting requirement.
c. The licensed pesticide applicator
performing the application shall make pesticide application schedules and other
Cornmunity right-to-know information available to the public upon request at
the applicator's place of business during regular business hours.
d. The notification signs used for posting
public rights-of-way shall consist of a weather-resistant poster or placard
measuring at least 10 inches by 12 inches with lettering measuring a minimum of
1 inch. Notification signs shall project at least 2 feet above the top of the
grass line or 3 feet to the top of the signs. The words "This area chemically
treated. Keep off shall be used for posting public rights-of-way.
(5)
Public pest control
programs. Pesticides applied for or by any municipality for the
control or abatement of pests related to public health programs such as
mosquitoes or other pest control programs shall be exempt from posting
requirements provided that the intended dates, time and locations are announced
to the public in a conspicuous manner at least 24 hours prior to the
application.
The announcement shall be made on a major radio station, TV
station, newspaper or any other means of mass Cornmunication that would
normally reach the residents of that city or developed residential area.
(6)
Notification
signs.
a. The notification signs
shall be of a material that is rain-resistant for at least a 24-hour period and
shall not be removed by the applicator for at least 24 hours from the time
pesticides are applied or longer if required by the label of the pesticide
applied. Each property owner, tenant, agent or person in charge of the property
shall be provided with instructions that the notification sign is required to
remain in place for a minimum of 24 hours following the pesticide application.
When the labeling of the pesticide(s) applied requires a reentry restriction
more than 24 hours, the sign shall be left in place for the specified period
restricting reentry. After the required posting period has elapsed, all
notification signs should be removed by either a representative of the
business, organization, entity or person making said application or the owner,
agent, person in charge of the property, or their representative, to which the
pesticide was applied.
b. As a
minimum, unless otherwise specified, the following information shall be printed
on the notification sign in contrasting colors and block letters:
(1) The name and telephone number of the
business, organization, entity or person applying the pesticide; and
(2) The words: "This area chemically treated.
Keep off Do not remove sign for twenty-four hours." As an alternative, a
universally accepted symbol and text approved by the secretary that is
recognized as having the same meaning or intent as specified in this paragraph
may be used. When the labeling of the pesticide(s) applied requires a longer
reentry restriction it shall be so stated on the notification sign.
The lettering for notification signs used for posting
residential, Cornmercial or public lawns or gardens or other similar areas
shall measure at least three-eighths inch. The lettering for notification signs
used for right-of-way areas required to be posted shall measure at least one
inch.
c. The
notification sign used for posting residential, Cornmercial or public lawns or
gardens or other similar areas shall consist of a sign or placard measuring at
least four inches by five inches with letters measuring a minimum of
three-eighths inch.
d. The label
and other information normally associated with the use of the pesticide(s)
being applied to any urban area that is required to be posted shall be provided
to any individual upon request.
e.
A Cornmercial or public applicator who applies a pesticide with labeling that
requires further maintenance after application shall provide the homeowner or
agent in charge of property with a copy of the Cornplete label of the
pesticide(s) applied if requested and instructions on proper maintenance
procedures.
f. Officials of the
municipalities affected by this rule shall cooperate with the department in
enforcing the requirements of this rule and shall report any infractions to the
department.
(7)
Prenotification registry. In lieu of the requirement for
public notification as specified in subrule 45.50(5), a municipality may
maintain a registry of persons requesting to receive notification prior to
pesticide applications and provide notification to those individuals at least
24 hours prior to a pesticide application made adjacent to their property.
a. A municipality may also choose to make
arrangements with those persons upon request to refrain from applying
pesticides to adjacent properties in lieu of prenotification.
b. The registry shall be updated annually and
contain at least the name, address, and telephone number where occupant may be
reached during normal business hours. The registry shall be made available upon
request to licensed Cornmercial and public pesticide applicators.
(8)
Prior notification of
pesticide application to lawns, parks, playgrounds and athletic fields located
in urban areas.
a. An occupant of a
property adjoining property where pesticides are applied by a Cornmercial or
public applicator may receive prior notification of a pesticide application by
personally contacting the applicator in writing in a timely manner and
providing the following information:
(1) Name
and address of occupant.
(2) A
telephone number of a location where occupant may be contacted during normal
business hours and evening hours.
(3) Address of each property that adjoins
occupant's property.
b.
The applicator receiving a written request for prior notification shall provide
notice at least the calendar day before a scheduled application to property
adjoining the occupant's property. The notice may be made in writing, in person
or by telephone and shall disclose the date and approximate time of day for the
scheduled application. If the notice to the occupant is in a form other than
writing the applicator shall document that notice was given and maintain a
record of that notice at its place of business.
c. When an applicator is not successful in
contacting an occupant of an adjoining property as provided in
paragraph"b " of this subrule, the applicator shall, at least
the calendar day before a scheduled application, leave a written notice at the
residence of the person requesting prior notification indicating the date and
approximate time of day for the scheduled application.
d. A request for prior notification shall
expire on December 31 of each year, or the date when the occupant no longer
occupies the property, whichever is earlier
(9)
Prior notification of pesticide
application to golf courses.
a. An
occupant of a property adjoining a golf course may receive prior notice of an
application by contacting the golf course superintendent or other responsible
person in a timely manner and providing the following information:
(1) Name and address of occupant.
(2) Telephone number of a location where the
occupant may be contacted during normal business hours and evening
hours.
b. A golf course
representative receiving a request for prior notification shall provide notice
at least the day before the scheduled application. The notice may be made in
writing, in person or by telephone and shall disclose the date and approximate
time of day for the scheduled application.
c. When a golf course representative is not
successful in contacting an occupant of an adjoining property the day before a
scheduled application, the representative shall leave a written notice at the
residence of the person requesting prior notification which shall disclose the
date and approximate time of day for the scheduled application.
d. A request for prior notification shall
expire on December 31 of each year, or the date when the occupant no longer
occupies the property, whichever is earlier
This rule is intended to implement Iowa Code section 206.19 and
1995 Iowa Acts, Senate File 256.
