Code of Massachusetts Regulations
333 CMR - PESTICIDE BOARD
Title 333 CMR 14.00 - Protection Of Children And Families From Harmful Pesticides
Section 14.08 - Requirements of Schools, Daycare Centers or School Age Child Care Programs

Universal Citation: 333 MA Code of Regs 333.14

Current through Register 1518, March 29, 2024

(1) Every school shall develop an IPM Plan in accord with 333 CMR 14.05 and 14.06. The plan shall be submitted to the Department and maintained on site.

(2) Every school shall maintain the plan and retain the plan at each site for five years. Schools shall make the plan available to any person upon a reasonable request.

(3) If a school administrator determines that a human health emergency warrants the use of a pesticide not otherwise allowed under this chapter, or warrants its use sooner than two days after providing the required Standard Written Notification, such official may apply for a single-use Emergency Waiver as per 333 CMR 14.10.

(4) No pesticides shall be applied for purely aesthetic purposes on the outdoor grounds of any school unless a determination is made in writing on an annual basis from an authorized official within the municipality, city, town or the Department approved equivalent. The approval shall include at least the following information:

(a) Date of approval;

(b) Reason for application; and

(c) Name of official and title.

(5) Standard Written Notification shall be issued to parents and employees no less than two working days and no more than seven working days prior to any pesticide application made to outdoor school property or to the inside of a school for a termiticide treatment.

(a) Standard Written Notification shall be issued for every outside pesticide application.

(b) In the case of a situation where the pesticide application cannot be made on the proposed date, the application may take place during the following 72 hours without issuing a new Standard Written Notification.

(6) Standard Written Notification shall be issued to parents and employees using one of the following methods:

(a) Email providing all the components of Standard Written Notification as defined and provided that the school has a permission letter from the parents and employees from the current school year, stating that they would like to be notified via email.

(b) Website which provides all the components of Standard Written Notification as defined and provided that the school used a notification system, such as but not limited to Reverse 911 or Connect Ed, phone call or one page letter to initially notify that a pesticide application will take place and that directs them to the website or an alternative place to receive the complete notification.

(c) Hard copy, providing all the components of Standard Written Notification as defined.

(7) If a school administrator is aware of any scheduled use of outside property by youth groups, he or she shall inform the organizers of any such group regarding the proposed pesticide application.

(8) If a pesticide application is to take place outdoors while students are present for school sponsored activities, the School shall take effective measures to keep students off the treated area(s) for at least eight hours.

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