In addition to those terms contained in Section 482.021, F.S., the following terms shall apply:
- (1) “Access device” as used in subsection 5E-14.108(5), F.A.C., is defined as a lockbox or other onsite device that stores the key or controls access, either physically or electronically, to the fumigated structure. This is not a secondary locking device.
- (2) “Active aeration” is Step (1) of the aeration procedure on the label.
- (3) “Aeration” – Period from the breaking of the seal until the time required by the fumigant label to complete the aeration before the clearance is allowed.
- (4) “Barricade and Barring” secures the entrances to a structure against unauthorized entry during the fumigation exposure period and must be demonstratively effective in preventing an exterior door or doorway from being opened from the exterior. Electronic keycard and “keyless” locks, including push button locks, can be used if the access code can be changed so that only trained fumigation employees have the access code, and the code used by the owner/occupants are not functional during the fumigation.
- (5) “Breathing Zone” is defined as the area of space in each room of a fumigated structure where persons typically stand, sit, or lie down.
- (6) “Classroom” – A student or students studying a subject in a setting conducive to learning, other than field training as required by Section 482.091(3), F.S., with an instructor or other multimedia instructional tools, computer instruction, or correspondence courses.
- (7) “Connected Structure” is defined as any structure physically connected with the structure to be fumigated by construction elements (e.g., pipes, conduits, drains, ducts, etc.), which may allow passage of fumigant between the structures.
- (8) “Fumigation operation” – All details prior to the application of fumigant(s), the introduction of fumigant(s), fumigation period and post fumigation details as herein outlined.
- (9) “Fumigation period” – Period of time from introduction of fumigant(s) until the ventilation of structure is completed, and the structure is declared safe for occupancy.
- (10) “General fumigation” – Introduction of fumigant(s) to one (1) or more rooms or their contents in a structure or to entire structure; or to commodities under gas-tight sheets or tarpaulins.
- (11) “Introduction of fumigant(s)” – Release of fumigant(s) into structure or enclosed space.
- (12) “Multi-unit dwelling” is defined as a multi-unit structure whose primary function is to serve as living quarters for people, such as apartment buildings, condominiums, duplexes, and townhomes.
- (13) “Multi-unit structure” – A structure, consisting of one or more stories, composed of functionally distinct units, such as stores and offices, in which units share a common wall of wood or metal studs or single masonry walls, including fire walls.
- (14) “Permissible Clearance Device” – Devices listed in Registrant’s current Stewardship Policy designated for use during the structural fumigation process and post fumigation clearance inspection.
- (15) “Preventive treatment” – Application of measures for the purpose of preventing infestation(s) or infection(s) of structures by wood-infesting organisms.
- (16) “Residential area” – Any area other than an agricultural area or as otherwise specifically exempted by Chapter 482, F.S.
- (17) “Residential Fumigant” means a registered pesticide labeled for structural fumigation including or encompassing a residential area in the state of Florida.
- (18) “Residential structures” - Is where people typically live (temporarily or permanently) and sleep, such as single-family residences, mobile homes, apartments, townhouses, condominiums, hotels, motels, assisted care facilities, nursing homes, hospitals, barracks, dormitories.
- (19) “Secondary Locking Device” is defined as any device, method or barricade, in addition to existing locking mechanisms, that is demonstratively effective in preventing an exterior door or entrance from being opened or entered by normal means by anyone other than the certified operator in charge or his special fumigation identification cardholder.
- (20) “Spot fumigation” – Introduction of fumigant to localized harborage or infestation within, on or under a structure or enclosed space, or to a lawn under tarpaulins.
- (21) “Spot treatment” – Treatment restricted to specific area(s) of a structure to control or prevent pests.
- (22) “Stewardship Policy” means a written plan that addresses the education and training of all fumigation employees and includes requirements for continued sale and use of the registrant’s residential fumigant, instructions to follow the residential fumigant’s label requirements and submission to quality assurance inspections conducted by the registrant or designated representative such as distributors and contractors.
(23) “Trained Fumigation Employee” means any of the following persons who is an employee of a licensee conducting fumigation at the direction of a licensee and Certified Operator in Charge of fumigation and is in compliance with a Stewardship Policy:
- (a) Certified Operators in the fumigation category;
- (b) Special Identification Cardholders;
- (c) Employee Identification Cardholders with the Fumigation Identification Card endorsement.
Rulemaking Authority 482.051, 570.07(23) FS. Law Implemented 482.021, 482.051 FS. History–New 1-1-77, Amended 6-27-79, 6-22-83, Formerly 10D-55.102, Amended 8-11-93, 6-12-02, 4-17-03, 9-17-08, 5-7-17, 5-18-26.