Current through Register Vol. 56, No. 24, December 18, 2024
(a) No
person shall make a commercial application of a pesticide for control of
termites unless at least one applicator certified and licensed in the termite
subcategory as described in
N.J.A.C.
7:30-6.3(a)7 ii is present
at the application location for the duration of the application and within line
of sight of the person making the application. This requirement shall not apply
to the monitoring and maintenance of termite baiting stations or the placement
of pesticide active ingredient therein by a properly trained and licensed
commercial pesticide operator, working under the direct supervision of a
responsible commercial pesticide applicator certified in the termite
subcategory.
(b) No person shall
apply any termiticide, using equipment designed for pressurized application,
without first pressurizing the application equipment and inspecting for leaks,
including, but not limited to, observation of the tank, pump, hose, fittings,
and injection apparatus. Any leak detected during this inspection shall be
repaired prior to starting the application. If any leaks are detected during
application, the application shall immediately cease until the leak has been
repaired and the spill soaked up with an absorbent material. Provisions of
N.J.A.C.
7:30-9.17 and 9.18 shall also
apply.
(c) All pressurized
termiticide application equipment shall be equipped with a properly operating
pressure gauge, accurate to within plus or minus five psi. Provisions of this
subsection do not apply to hand-held pressurized tank type sprayers which may
be used for control of swarming termites with pesticides labeled for this
use.
(d) No person shall add water
to any termiticide application equipment unless adequate provision is made for
prevention of backflow as stated in
N.J.A.C.
7:30-10.2(h).
(e) When treating a structure with a
termiticide, hoses acting as the conduit between the tank holding the
termiticide and the injection apparatus shall be routed through the structure
in the manner most likely to minimize the potential for contamination should a
hose rupture during treatment. Whenever possible, keep hoses outside of the
structure being treated.
(f) Voids
in foundation walls may be left untreated when deemed appropriate, in the
experience of the applicator and after review of the structure and evidence of
damage or infestation therein, to effect a successful treatment. If the
foundation wall voids are treated, the treatment shall be performed consistent
with label directions and the provisions of (g) below.
(g) No person shall make an application of
any pesticide labeled for termite control, except termiticide baits, into voids
of foundations unless done pursuant to the following restrictions listed by
foundation type:
1. When hollow block, brick,
and tile foundations are treated, the applicator shall:
i. Check any basement or crawlspace interior
after treatment for potential seepage or spill;
ii. If a seepage or spill is observed, the
spill shall be absorbed and cleaned to manufacturer's specifications
immediately;
iii. Other clean-up
procedures, to be determined by the Department when discovered or reported
pursuant to
N.J.A.C.
7:30-9.17, may be required in addition to
absorption of the termiticide; and
iv. A reasonable precaution taken pursuant to
N.J.A.C.
7:30-10.2(e) may be the
sealing of any visible cracks, holes, or other openings prior to the
application of any pesticide to prevent infiltration of pesticides into
basements or crawlspaces.
2. Rubble and stone foundations shall:
i. When the mortar is in good condition, have
test holes drilled, any of which reaching voids may be treated as consistent
with label directions. Test holes not reaching voids shall be left untreated
and shall be sealed along with the treated holes after application;
ii. When the mortar is in poor condition as
determined by inspection or test application using water only, the inside wall
shall be sealed with cement or equivalent covering prior to treatment, or the
voids injected with a pesticide, other than an organo-chlorine, which is
Federally registered for this use;
iii. Be injected only with low pressure
injection; and
iv. Be injected only
in conjunction with active ventilation using fans inside the basement and/or
crawlspace to remove solvent and pesticide vapors from the treated
structure.
(h) No person shall make an application of
any termiticide to a basement floor, unless applied pursuant to label
directions and the following restrictions listed by structural floor type
and/or condition:
1. Concrete slab floors
with a French drain system shall be treated by low pressure injection beneath
the slab and/or expansion joint with a pesticide, other than an
organo-chlorine, labeled for this site.
i. If
a sump is present and accessible, the sump pump shall be turned off until
(h)1ii below is carried out and (h)1iii below, if necessary;
ii. Such a french drain system shall be
checked for potential seepage or spill after treatment;
iii. If a seepage or spill is observed, the
spill shall be absorbed and cleaned to manufacturer's specifications
immediately; and
iv. Other clean-up
procedures, to be determined by the Department when discovered or reported
pursuant to
N.J.A.C.
7:30-9.17, may be required in addition to
absorption of the termiticide.
2. Basement floors which are wet shall not be
treated, unless it can be determined that the site of injection is above the
level of the surrounding water table.
3. Basement floors with a high local water
table which is known to the person contracting for the termite treatment and
communicated to the applicator shall not be treated, unless the floor can be
treated with a non water soluble termiticide when the water table is below the
level of the site of injection.
4.
Basement floors which have a sump pump pit in which there is standing water
shall not be treated. Such a floor shall only be treated when the sump pit is
pumped and then does not refill.
(i) No person shall make an application of a
termiticide, except termiticide baits, to a crawlspace unless applied pursuant
to the following restrictions listed by structural type and/or other
conditions:
1. Accessible crawlspaces with no
heating unit (see definition of heating unit in
N.J.A.C.
7:30-1.2) present shall be treated in a
manner consistent with the State or Federal label or labeling.
2. Accessible crawlspaces with a heating unit
present shall be treated consistent with (i)1 above. Any air intakes in the
heating unit which draw air from the crawlspace shall be ducted to the exterior
of the building, and seams on the ducts inspected for tightness of fit and
taped or equivalently sealed as necessary. In addition, adequate
cross-ventilation must be present or shall be provided prior to treatment with
a minimum total ventilation opening size requirement of [1]/[150]th of the
square footage of the crawlspace surface. As an alternative, this crawlspace
may also be treated as in (i)3 below.
3. Accessible plenum crawlspaces shall be
treated consistent with (i)1 above, but only with a termiticide which is
labeled for this site and only in conjunction with active ventilation during
and for 24 hours following the end of the plenum crawlspace treatment. Only low
pressure injection shall be used. Immediately following treatment, cover
treated soil with at least six mil polyethylene tarp or equivalent sheeting as
may be approved by the Department. Occupants of the treated structure shall be
advised to vacate during treatment and for the 24 hour aeration
period.
(j) No person
shall make an application of a termiticide to an inaccessible space unless
applied pursuant to the following restrictions:
1. Access shall be created to permit visual
inspection of the area to be treated.
2. If there is a minimum of two feet of
clearance between the soil surface and the bottom of the floor joists,
treatment may be made consistent with label directions using the access point
in (j)1 above, provided that proper ventilation exists or can be provided
pursuant to (i)2 above.
3. If there
is less than two feet of clearance and if entry can be made into the area to be
treated, soil may be removed to obtain adequate clearance and treatment may be
made consistent with label directions, provided that proper ventilation exists
or can be provided pursuant to (i)2 above; or
i. If the ceiling of the space is concrete
and entry cannot be made, drill through the foundation walls from the exterior
at an angle and rod beneath the soil surface, or drill vertically through the
ceiling of the space and rod beneath the soil surface.
(k) No person shall make an
application of a termiticide, except termiticide baits, to an interior or
exterior slab unless applied in accordance with the following restrictions by
slab type and/or other conditions:
1. Prior
to treatment, inspect the structure containing the slab to determine the
location of utility lines, sewer waste lines, water shut-off valves, radiant
heat and hot water baseboard heat lines and any other conduits or ducts that
may be contained therein.
2. When
slabs are drilled from the inside, a device such as a drill stopper shall be
used.
3. Each hole drilled through
the slab shall be plugged immediately following treatment. Such plug may be
temporary, until permanently sealed following completion of the job, with
mortar or equivalent material.
4.
Wood directly on slab construction (not on sleepers) shall be drilled and
treated as in (k)2 and 3 above, except only low pressure injection shall be
used and the quantity of termiticide pumped into each hole shall not be great
enough to cause excess termiticide to emerge from adjacent holes.
i. Wood not directly on slab construction,
such as on sleepers, shall be treated as in (j) above.
5. Slabs covering or containing air ducts
shall be inspected. If ducts are made of cardboard or rusted metal, no
treatment shall be made unless the air circulation ducts are securely and
permanently filled at the duct openings with a concrete or equivalent
plug.
6. Slabs covering or
containing air ducts may be only be treated with a non-organo-chlorine
termiticide, without sealing of the duct openings and installation of an
alternative air circulation/heating system provided:
i. There is evidence of an existing termite
infestation in the structure;
ii.
The exact location of the air ducts can be determined;
iii. Application under the slab is limited to
gravity or low pressure injection;
iv. At least one member of the termite
application crew is familiar with initial duct decontamination
procedures;
v. Equipment necessary
to facilitate initial clean-up, should accidental contamination occur, shall be
present at the application location. The equipment shall include, but not be
limited to, a wet/dry vacuuming system, spill absorbent material, at least five
gallons of detergent, and filters of charcoal or comparable efficacious
material sized for or capable of being readily adapted for use in the type
ducts and/or heating system present; and
vi. The applicator or applicator business
informs the contracting party for whom the termite treatment is to be performed
in writing of the potential for contamination of the air ducts and resultant
possible required modifications to the heating system as a part of the consumer
information notice required pursuant to
N.J.A.C.
7:30-9.12.
(l) Duct contamination resultant from a
pesticide application shall be subject to clean-up under the provisions of
N.J.A.C.
7:30-10.7 and to reporting and review under
the provisions of
N.J.A.C.
7:30-9.17.
(m) No person shall make a subterranean
application of a termiticide, except termiticide bait, to a property in
proximity to or on which wells and/or related water sources are located unless
applied pursuant to the following restrictions:
1. If the well or other water source capable
of being used is within the linear distance of the treatment site as provided
in (m)4 below and if the well is sealed according to the specifications of the
Division of Water Resources at N.J.A.C 7:9-9.9, then this subsection does not
apply.
2. Do not treat any
structure if a well, cistern, or spring, currently in use or capable of being
used, is located within the foundation walls, except:
i. Subterranean application around the
exterior perimeter of the foundation which surrounds the well, cistern or
spring;
ii. If such a structure
contains foundation walls exterior to those surrounding the well, cistern or
spring, treatment may be made to those areas outside the foundation walls
surrounding the well pursuant to (m)5 below;
iii. Foundation wall voids may be treated
with a termiticide foam labeled for this site;
iv. The floor of the basement or crawlspace
may be treated using the excavation technique as follows: remove soil of the
interior perimeter, or pilings, from a trench from the grade level to the top
of the footing, place it on polyethylene sheeting, mix the termiticide with it,
permit to dry a minimum of 15 minutes, and replace the soil into the
trench.
3. If a well is
down grade (at a lower elevation) from the application site, and there is a
structural conduit, such as a paved driveway, between the well and the
application site, provision shall be made to block the conduit or dike the area
around the well to prevent movement of the termiticide to the well should a
spill occur.
4. If the well or
other water source is more than 20 feet from the treatment site in sandy soil,
or more than 100 feet in other soils, treatment shall be consistent with label
directions.
5. If the well or other
water source is located closer to the treatment site than as stated in (m)4
above, treat as follows:
i. The foundation
wall voids shall not be treated, except that foundation wall voids more than
two feet on either side of a water or sewer line may be treated with a
termiticide foam labeled for the site.
ii. Foundation wall voids two feet or less on
either side of a water or sewer line may be treated with a termiticide foam
labeled for wall voids by removing the soil, at least 18 inches outside the
foundation, along the water or sewer line and to a depth at least six inches
below the water or sewer line; or, if the soil within two feet of the water or
sewer line is covered by a fixed substrate such as concrete, remove the soil
outside the fixed substrate, along the water or sewer line and to a depth at
least six inches below the water or sewer line. Treatment shall be made while
observing the newly dug hole for seepage. If such seepage occurs, treatment
shall cease until all seepage is absorbed into the soil.
iii. The soil outside the foundation within
two feet of the water or septic lines shall not be treated, except as provided
in (p)5iv or v below.
iv. To treat
the soil adjacent to the foundation within the linear distance specified in
(m)4 above, other than that through or adjacent to which water or sewer lines
run, dig a shallow trench adjacent to the foundation and flood it with
termiticide. Allow the termiticide to seep downward with gravity. Do not rod
under pressure; or remove soil from grade to top of footing, place it on
polyethylene sheeting, mix the termiticide with it, permit to dry a minimum of
15 minutes, and replace the soil into the trench.
v. Soil within two feet of the water or sewer
lines shall be treated as provided in (m)5iv above, or as outlined in this
subparagraph. As an alternate, remove the soil, at least 18 inches outside the
foundation, along the water or sewer line and to a depth at least six inches
below the water or sewer line; or, if the soil within two feet of the water or
sewer line is covered by a fixed substrate such as concrete, remove the soil
outside the fixed substrate, along the water or sewer line and to a depth at
least six inches below the water or sewer line. Following either of the soil
removal options above, the soil against the foundation wall shall be treated by
gravity feed only, while observing the newly dug hole for seepage. If such
seepage occurs, treatment shall cease until all seepage is absorbed into the
soil. Soil within two feet of the water or sewer lines may also be left
intentionally untreated as in (m)5ii above.
vi. Soil adjacent to the foundation which is
covered by a concrete or other soil covering shall be treated by drilling
through the covering surface at a maximum of one foot intervals and using a
funnel to gravity feed the correct quantity of termiticide into each hole. Do
not apply the termiticide under pressure.
vii. If the soil beneath the basement floor
must be treated, space treatment holes a maximum one foot apart and apply using
a funnel as in (m)5vi above, except when using foam termiticides labeled for
this site.
viii. The use of foam in
this subsection is considered to be equivalent to a gravity feed
application.
(n) Retreatments with termiticides, except
termiticide baits, are allowed only after five years have elapsed after a
treatment, or when there is evidence of reinfestation subsequent to the initial
treatment, or if there is a disruption of the pesticide barrier in the soil due
to construction, excavations, or landscaping. In cases of disruption of the
soil barrier, only those locations where this occurred may be retreated. In
cases of evidence of termite infestations, the entire premises may be treated
if:
1. The history of treatment of the
structure is not known and cannot be readily determined, or
2. Live termites are found on or within the
structure.
(o) For the
purposes of interpretation of (n) above, previously reported damage shall not
be accepted as evidence of re-infestation. For purposes of interpretation of
(n) above, retreatment by the same person as originally performed the initial
treatment shall presume knowledge of the history of treatment.
(p) Prior to entering into any contract to
apply a termiticide, the applicator or applicator business shall provide the
contracting party with a copy of this section (N.J.A.C.
7:30-10.4) included with the consumer
information required pursuant to
N.J.A.C.
7:30-9.12. The applicator or applicator
business may provide a summary in lieu of a copy of
N.J.A.C.
7:30-10.4, subject to the approval of the
summary by the Department.
1. When using a
termiticide bait, a copy of
N.J.A.C.
7:30-10.4 or approved summary need not be
given to the contracting party.
(q) A diagram of the structure to be treated,
depicting the lower level of the structure, the location of termite
infestations, areas treated and any significant items such as location of known
wells, drainage systems, streams and ponds which may be affected by the
application shall become a part of the termite application records and shall be
maintained by the applicator for a minimum of five years.
