1. (1) Definitions. In this section:

   1. (a) “Common area” means an area in a residential structure that is accessible to residents but is not part of any individual dwelling unit.
   2. (b) “Dwelling unit” means that portion of a residential structure that is used, or designed for use, as a residence by a household.
   3. (c) “Resident” means any person residing in a residential structure.
   4. (d) “Residential application” means the application of a pesticide, other than a germicide, sanitizer, or disinfectant, to a residential structure. “Residential application” includes perimeter barrier applications, but does not include an individual’s application of a pesticide to a dwelling unit in which that individual resides, provided that the individual does not apply the pesticide to other dwelling units or common areas in the residential structure, or its perimeter barrier.

   5. (e) “Residential structure” means a structure used wholly or in part as a human residence, and includes all facilities and furnishings pertaining to that structure. Residential structure includes a residential structure occupied on a rental basis, and also includes a mobile home. Residential structure does not include any of the following:

      1. 1. A hotel, motel, or similar premises occupied on a transient basis.
      2. 2. A hospital, nursing home, or similar facility occupied by persons receiving medical care or related services.
      3. 3. A prison, jail, or other place of detention.
   6. (f) “Restricted entry interval” has the meaning given in s. ATCP 29.01 (35).

2. (2) Information to customer. A person hired by a customer to make a residential application shall provide that customer with all of the following:

   1. (a) A written notice offering to provide pre-application information under par. (b). The written notice may be provided electronically to the customer if the customer consents in writing to such notification. The person shall make the offer before making the first residential application for the customer, and shall repeat the offer at least annually if there is a continuing contract for more than one year.

      Note: See ch. ATCP 29 Appendix A for an example of a written offer of information under par. (a). Nothing in this section authorizes a commercial applicator to make a residential application which the customer has not affirmatively authorized.

   2. (b) The following pre-application information, in writing, if requested by the customer:

      1. 1. The brand name, product name, or common chemical name of each pesticide that may be applied.
      2. 2. A copy of the pesticide label for each pesticide that may be applied.
      3. 3. The date on which the pesticide application will be made. The date may be communicated orally, rather than in writing, if the requester agrees to oral notification.
      4. 4. The name, business address, and telephone number of a person who can provide further information about the pesticide application.
   3. (c) The information required under s. ATCP 29.22. This information shall be provided within the time period specified under s. ATCP 29.22.

3. (3) Notice to residents.

   1. (a) A person making a residential application shall provide the following information in writing to residents at the time of the application:

      1. 1. The name and address of the person making the application, and a telephone number at which residents can obtain further information about the application.

         Note: The name and address under subd. 1. may be the name and address of the business entity making the residential application.

      2. 2. The first and last name of each individual making the application and, if the application is one for which the individual must be licensed under s. ATCP 29.25, the individual’s license number.
      3. 3. The brand name, product name, or common chemical name of the pesticide applied.
      4. 4. The concentration and total quantity of each pesticide applied, or the amount of pesticide product applied per unit area and the total area treated.
      5. 5. Any pertinent post-application precautions stated on the pesticide label. If the pesticide label prescribes a restricted entry interval, the person making the residential application shall also post a warning sign under s. ATCP 29.52 at each entrance to each treated area.
      6. 6. The month, day, year, and approximate starting and ending time of the pesticide application.
      7. 7. Notice that a copy of the pesticide label is available upon request. The person making the residential application shall provide a copy of the pesticide label to each resident who requests a copy, but may first require the requester to pay reasonable copying and postage costs if the requester is not the customer who contracted for the application.
      8. 8. A specific description of the location of the pesticide application site. The description shall contain sufficient information and detail so that the location of the pesticide application can be readily determined.
   2. (b) A person making a residential application in any dwelling unit shall leave the information under par. (a) with an adult resident of that dwelling unit, or shall prominently post the information at the entrance to that dwelling unit.

   3. (c) A person making a residential application to any common area within a residential structure, or making a perimeter barrier application, shall provide the information under par. (a) by posting clearly legible notices in common entryways or other conspicuous locations so that all residents are likely to see the notices.

      Note: A person making a residential application must comply with sub. (3) regardless of whether the application is a contract application. For example, a landlord making a residential application to the landlord’s own rental units must provide information to tenants residing in those units.

4. (4) Restricted entry interval; warning signs. If a person makes a residential application of a pesticide whose label prescribes a restricted entry interval, that person shall post a warning sign at each entrance to the treated area. Each warning sign shall be at least 8 1/2 inches by 11 inches. The form and content of each warning sign shall be identical to that shown in ch. ATCP 29 Appendix D. The person making the residential application shall post the warning sign before the application begins, and shall not remove it until the restricted entry interval expires.

   Note: A person making a residential application must comply with sub. (4) regardless of whether the application is a contract application. For example, a landlord making a residential application to the landlord’s own rental units must post warning signs under sub. (4) if the pesticide label prescribes a restricted entry interval. See also s. ATCP 29.52 (3) which provides that landlords and contract applicators are individually and jointly responsible for posting warning signs.

History

History: Cr. Register, May, 1998, No. 509, eff. 6-1-98; correction in (1) (f) made under s. 13.93 (2m) (b) 7., Stats., Register, March, 1999, No. 519; CR 12-003: am. (1) (d), (2) (a), cr. (3) (a) 8., am. (3) (c) Register May 2013 No. 689, eff. 6-1-13; correction in (4) made under s. 13.92 (4) (b) 7., Stats., Register May 2013 No. 689.