Ohio Administrative Code
Title 901:5 - Plant Industry
Chapter 901:5-11 - Pesticides
Section 901:5-11-15 - Pesticide use in schools
Universal Citation: OH Admin Code 901:5-11-15
Current through all regulations passed and filed through March 18, 2024
(A) This rule shall apply to the following:
(1)
School classroom
buildings established under Chapter 3311. of the Revised Code;
(2)
Education
service centers and community schools established under Chapter 3314. of the
Revised Code;
(3)
STEM schools established under Chapter 3326. of the
Revised Code; and
(4)
Non-public schools chartered by the board of education
pursuant to section 3301.16 of the Revised
Code.
(B) Pesticides shall be applied on or in the classroom buildings of schools only if:
(1) The pesticide is applied:
(a)
At a time after the school day has
concluded;
(b)
When school is not in session; or
(c)
Either a period
of four hours or the minimum time specified by the pesticide product's label
applied prior to the beginning of the school day, whichever is
longer.
(2) The
pesticide is applied when school is in session provided that:
(a) Persons other than pesticide applicators
and necessary school staff are not scheduled to be in the treatment area during
treatment and for either the longer of four hours or the minimum time specified
by the label of the pesticide applied, if any is specified, as measured from
the time that the pesticide application is completed; and
(b) The entrances to the area in which the
pesticide is applied are posted with signs meeting the following requirements:
(i) The sign shall measure at least eight and
one half inches by eleven inches; and
(ii) The sign is printed with letters at
least one inch in height with the following wording: "Pesticide Treatment Area.
Do Not Enter Before (the date and time where re-entry will be permitted into
the treatment area)." The time shall be the later of four hours or the minimum
time specified on the label, as measured from the time that the pesticide
application is completed.
(3) The pesticide applied is one of the
following, and is applied in strict accordance with label instructions:
(a) Manufactured paste or gel
baits;
(b) Paraffin-based rodent
control products placed in industry-identified tamper-resistant bait
stations;
(c) Termite-baiting
stations;
(d) Rodenticides which are placed in wall
voids or other areas that are inaccessible to humans and domestic
animals;
(e) Disinfectants,
sanitizers, germicides, and anti-microbial agents; or
(f) Dusts used in unoccupied areas of the
structure.
(4) If one
of the conditions in paragraph (B) of this rule has been met, except for those
items listed in paragraph (B)(3)(e) of this rule, the following information
shall be provided to the school's contact person identified under paragraph
(C)(2) of this rule as soon as practicable following the application:
(a) Date and time that the pesticide was
applied;
(b) Treatment
area;
(c) Target pests;
(d) Brand name and EPA registration number of
the pesticide applied; and
(e) If
applied under paragraph (B)(2) of this rule, time or conditions for re-entering
the treatment area as specified by the label of the pesticide applied, if any
is specified.
(C) Any school subject to this rule shall:
(1) Develop a policy whereby parents or
guardians of minor children, adult students, faculty and staff who are enrolled
or employed at the school may request and receive prior notifications of
scheduled service visits by pesticide businesses in which pesticides may be
applied under paragraph (B)(2) of this rule or scheduled pesticide applications
under paragraph (B)(2) of this rule by licensed school employees pursuant to
section 921.06 of the Revised Code.
(a) The method of prior notifications shall
be determined by the school and may include but shall not be limited to e-mail
and listserv methods; and
(b) If
special circumstances arise that prevent prior notification from being provided
as required, such as emergency application of pesticides to control organisms
that pose an immediate health threat, the school shall provide notice as soon
as possible. The notice shall explain the reasons why advance notice was not
provided.
(2) Designate
a school employee to serve as a contact person for pesticide applications made
at the school. The school shall maintain for inspection during normal school
hours by parents or guardians of minor children, adult students, faculty and
staff who are enrolled or employed at the school, or the director or their
authorized representative:
(a) Records
provided to the contact person pursuant to paragraph (B)(4) of this rule. The
records shall be maintained for a period of one year following the date of the
pesticide application; and
(b)
Documentation that requested notifications were made pursuant to the school
policy established under paragraph (C)(1) of this rule.
(3) Pesticides applied under paragraph
(B)(3)(e) of this rule are excepted from the notification policy contained in
paragraphs (C)(1) and (C)(2) of this rule.
(D) Guidance for principles of integrated pest management may be published on the department's website or otherwise disseminated as determined by the director.
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