- (1) The certified operator in fumigation or the designated special fumigation identification card holder shall personally determine by using a permissible clearance device, which is calibrated as required by either the device manufacturer or the registrant’s Stewardship Policy, whichever is more restrictive, that the entire structure or enclosed space fumigated, has been safely aerated as required by fumigant label directions, to permit safe human entry and occupancy. No person, other than the certified operator in fumigation, the designated special fumigation identification cardholder, or trained identification cardholder, utilizing the label-approved respiratory protective equipment or a permissible clearance device, may enter, occupy or reoccupy the fumigated structure for any reason prior to completion of the aeration procedure(s) and declaration of clearance. All warning agent containers shall be removed from the structure during active aeration. In no instance shall aeration time be less than required by the fumigant label.
- (2) Declaring structure or enclosed space fumigated safe for entry and occupancy: A certified operator in fumigation or the designated special fumigation identification card holder shall not permit or allow any unauthorized person to enter or occupy or reoccupy the structure or enclosed space fumigated until the aeration procedures as required by the fumigant product label are completed, and he has personally checked the breathing zone of each room within the fumigated structure for fumigant levels with a permissible clearance device and found the structure to be safe for human entry and occupancy, and he shall personally certify by his own signature as a result of his final personal inspection and monitoring examination of the entire structure or space fumigated that the same and adjacent vacated structures are safe for human entry, occupancy. Such notice of clearance shall be in writing and shall be conspicuously posted by the certified operator in fumigation or the designated special fumigation identification cardholder on all entrances of the fumigated structure or enclosed space. Clearance notices may not be posted prior to performing the clearance inspection with the permissible clearance device. The signature of the certified operator in fumigation or the designated special fumigation identification card holder and the exact date and hour of release for reentry shall be set forth in all notices. In no case shall the notice of clearance be post-dated.
Rulemaking Authority 482.051 FS. Law Implemented 482.051(1), 482.152 FS. History–New 1-1-77, Formerly 10D-55.113, Amended 4-29-02, 4-17-03, 5-18-26.