8 CCR 1203-2, pt. 15 - [Effective 12/30/2023] Enforcement
15.01 The
phrase "substantial danger or harm to public health and safety, to property, or
to the environment" as used in §
35-10-121 (2.5), C.R.S. means the
existence of a condition which could reasonably be expected to cause, or the
actual occurrence of:
(a) physical illness,
injury, or death to one or more individuals;
(b) damage to property, either real or
personal; or
(c) any adverse impact
on land, air or water resources that is appreciable and not immediately
reparable.
15.02 Any
person who uses any pesticide classified for restricted use must be licensed as
a qualified supervisor, certified operator, or private applicator in accordance
with the Act and these Rules, except:
(a) any
technician not licensed as a certified operator who is applying restricted use
pesticides under the on-site supervision of a qualified supervisor or mixing
and loading restricted use pesticides under the supervision of a qualified
supervisor, and;
(b) any person
working under the on-site supervision of a licensed private applicator for the
purposes of raising an agriculture commodity.
(c) Any unlicensed technician or person
working under the on-site supervision of a licensed private applicator must be
at least 18 years old, except that an unlicensed technician must be at least 16
years old if all of the following requirements are met:
(1) The unlicensed technician is using the
restricted use pesticide under the direct supervision of a private applicator
who is an immediate family member.
(2) The restricted use pesticide is not a
fumigant, sodium cyanide, or sodium fluoroacetate.
(3) The unlicensed technician is not applying
the restricted use pesticide aerially.
15.03 Any person who supervises the use of
any pesticide classified for restricted use must be licensed as a qualified
supervisor or private applicator in accordance with the Act and these
Rules.
15.04 A qualified
supervisor, certified operator or private applicator shall not use or supervise
the use of a restricted use pesticide in any category of licensure the person
does not hold.
15.05 Any person who
operates any device for hire that produces a pesticide as defined in §
35-10-103(10)
C.R.S., must be licensed as a commercial applicator and be licensed as or
employ or contract with a qualified supervisor in the appropriate licensure
category. It is a violation of these Rules for a commercial applicator to use
any such device in a manner inconsistent with labeling directions or these
Rules, or in an unsafe or negligent manner.
(a) No such device may be used to treat any
pest within a structure, unless otherwise allowed pursuant to Part 15.05(c)
below;
(b) Such devices may only be
used to control burrowing rodents, unless otherwise allowed pursuant to Part
15.05(c) below;
(c) The
Commissioner may approve the use of such device in sites or to control pests
other than those listed in Part 15.06(a) if he determines that such use will
not pose a risk to the public health or safety. Such use shall be subject to
additional requirements or restrictions the Commissioner deems
necessary.
15.06 Any
commercial applicator using a device for hire that produces carbon monoxide for
the control of burrowing rodents must abide by the following application
requirements and restrictions in addition to any device labeling directions:
(a) This Part 15.06 applies to commercial
applications of carbon monoxide by means of a device to burrow openings of the
following rodent species that are located within the specified distances from
enclosed structures that are occupied or may be occupied by humans or animals.
(1) Pocket gopher: within 150 feet of such
structures;
(2) Prairie dog: within
100 feet of such structures;
(3)
Ground squirrel: within 20 feet of such structures;
(4) Rat: within 20 feet of such
structures;
(5) Vole: within 11
feet of such structures;
(6) Field
mice: within 8 feet of such structures;
(7) Any burrowing rodent species not listed
in this Part 15.06(a): within 150 feet of such a structure.
(b) Any commercial applicator
using a device to make applications of carbon monoxide to control burrowing
rodents within the distances specified in Part 15.06(a) must abide by the
following application requirements and restrictions:
(1) All persons or animals occupying any
enclosed structure within the distances specified for the type of rodent burrow
being treated in Part 15.06(a) must be evacuated from the structure during the
application.
(2) If any existing
carbon monoxide detectors installed in the structure activate during a
burrowing rodent application, all applications within the distances specified
for the type of rodent burrow being treated in Part 15.06(a) from the structure
must cease immediately.
(3)
Following any application listed in Part 15.06(a), applicators must enter and
monitor the structure at least one hour after the application has concluded to
verify that carbon monoxide levels have not risen above 9 ppm.
(4) Monitoring must be done with a carbon
monoxide monitor that can detect carbon monoxide levels as low as 9 ppm. All
structures must, through monitoring for carbon monoxide levels by the
applicator, be verified to have carbon monoxide levels no higher than 9 ppm
prior to any re-entry by the occupant.
(5) Upon any detection of carbon monoxide
above 9 ppm, either from detection equipment installed in a structure or from
the applicator's own monitoring equipment, all applications within the
distances from the structure specified for the type of rodent burrow being
treated in Part 15.06(a) must cease immediately and the following actions must
be performed:
(i) The applicator must open all
exterior doors of the structure and begin aerating the structure
immediately.
(ii) After one hour of
aeration, the applicator must enter the structure and verify that carbon
monoxide levels have fallen to 9 ppm or less throughout the structure and
remain at 9 ppm or less for one hour. If at any time during the monitoring
process the applicator's monitoring equipment detects carbon monoxide levels
over 25 ppm, the applicator must leave the structure immediately, continue to
aerate the structure, and repeat the monitoring process every hour until carbon
monoxide levels fall and remain at 9 ppm or less throughout the structure for
one hour.
(iii) Any detection of
carbon monoxide above 9 ppm must be recorded in the applicator's records,
including:
(1) the time the detection
occurred;
(2) the level detected if
known;
(3) the time that levels
were confirmed to have fallen to 9 ppm or less throughout the structure and;
(4) the name of the applicator
that performed the monitoring.
(6) In addition to the written notice
required by Parts 10.04 and 10.05 of these Rules, applicators shall provide
written precautionary information about carbon monoxide poisoning to the
occupant or owner, including the following statement:
"Should you or a family member experience any symptoms associated with carbon monoxide poisoning within 24 hours of this treatment, such as headache, dizziness, weakness, nausea, vomiting, chest pain, or confusion, remove the person from the area where the onset of symptoms occurred and call 911 or seek medical attention."
15.07 Commercial applicators shall maintain
accurate and legible office records of all carbon monoxide device applications
made for hire. Such records shall include all of the following information:
(a) Name and address of the person for whom
the application was made.
(b)
Location where carbon monoxide application was made, if different from Part
15.07(a). The location of a field application should be fully described. In the
case of roadside carbon monoxide applications, the record should include the
county or state road number and the portion of roadside to which burrowing
rodent treatments were applied, described by reference to mileage markers or
prominent features such as road intersections, river or creek
crossings.
(c) Specific rodent pest
for which the carbon monoxide device application was made.
(d) Location of rodent burrow(s) to which
carbon monoxide was applied.
(1) Areas treated
within the distances specified in Part 15.06(a) must be recorded by specifying
the number of burrow openings treated and the location of each in relation to
the structure (e.g.: One prairie dog burrow opening 90 feet West of the
residence).
(2) Applications made
further than the distances specified in Part 15.06(a) may be recorded with a
description of where the applications occurred on the property (e.g.: 10 acres
located in the Northeast corner of property).
(3) An applicator may map the area(s) treated
to meet this requirement; each application location made to a rodent burrow
within the distances specified in Part 15.06 must be noted individually on the
map.
(e) Records shall
indicate that the specific pesticide applied is carbon monoxide.
(f) Date and time of application. The record
shall indicate the time when the application was started and completed, in hour
and minutes, with accuracy within 15 minutes.
(g) Name of the person(s) who made the
application (i.e., technician, certified operator, qualified
supervisor).
(h) If any detections
of carbon monoxide occur, the information required in Part 15.06
(b)(5)(iii).
Notes
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