8 CCR 1203-2, pt. 9 - Ornamental Applicators

9.01. The ornamental classification includes the following categories:

(a) Category 206: Turf Pest Control: the application of pesticides to:

(1) managed turf to control invertebrate pests, including insects, mites, slugs, snails, and nematodes, or to control plant diseases or weeds;

(2) ornamental beds to control weeds;

(3) xeriscaped or similar areas covered in mulch or other media to control weeds; or

(4) sidewalks, driveways, paved areas other than parking lots or bare ground located on private or public property and that are not located in the zoned right-of-way to control weeds.

(1) Managed turf or ornamental beds located in a zoned right-of-way may be treated under this Category 206 or Category 109, as defined under Part 8.01(i).

(2) When making applications to managed turf or ornamental beds in right-of-way areas, all notification requirements applicable to Category 206 apply.

(3) Managed turf for this Part 9 is defined as ground cover that is watered, mowed, seeded, or regularly maintained for defined ground cover.

(b) Category 207: Ornamental Pest Control: the application of pesticides to ornamental trees, shrubs, beds, flowers and other ornamental plants, except turf or indoor ornamental plants, to control invertebrate pests, including insects, mites, slugs, snails and nematodes, or to control plant diseases.

9.02. Applicants for licensing as a qualified supervisor in the turf category, described in Part 9.01 (a) must have the following experience or equivalents. Such field experience must have been obtained within the two years immediately preceding the date of the applicant's application for licensing. Experience in the application of pesticides gained by the applicant in the maintenance of his own home shall not constitute experience which will satisfy experience requirements imposed by these Rules.

(a) Said applicant shall have obtained at least four months of field experience in turf pest control.

(b) If said applicant has earned college or university credit in turf pest control or related fields, such credit may be combined with field experience in order to qualify for licensing, as follows:

(1) Two years college credit and one month field experience; or

(2) One year college credit and two and one-half months field experience.

9.03. Applicants for licensing as a qualified supervisor in the ornamental category described in Part 9.01(b) must have the following field experience or equivalents. Such field experience must have been obtained within the five years immediately preceding the date of the applicant's application for licensing. Experience in the application of pesticides gained by the applicant in the maintenance of his own home shall not constitute experience which will satisfy experience requirements imposed by these Rules.

(a) Said applicant shall have obtained at least eight months field experience in ornamental pest control, gained within not less than two calendar years.

(b) If said applicant has earned college or university credit in ornamental pest control or related fields, such credit may be combined with field experience in order to qualify for licensing as a qualified supervisor, as follows:

(1) Two years college credit and four months field experience; or

(2) One year college credit and six months field experience in ornamental pest control.

9.04. Commercial applicators classified in the ornamental category shall provide the following notices of pesticide application:

(a) Except as provided below, at the time any pesticide is applied, the commercial applicator shall leave for each customer, or for an individual at each location where an application was made if different from the customer's address, a printed or legibly written statement disclosing the fact that a pesticide has been applied, naming the pesticide or pesticides applied, the date of application, and containing such precautionary statements appearing on the pesticide's label as are necessary or appropriate to avoid endangering the health of persons or animals, or to avoid an unreasonable risk of harm to property.

(b) When any pesticide is applied at a commercial property or any other site managed or owned by an off-site organization or entity where an owner of the site or an agent of an owner of the site is not present at the site, the commercial applicator shall, promptly after the application, furnish the customer with a written statement that includes the name of the pesticide(s) applied, the date of the application, and such precautionary statements appearing on the pesticide's label as are necessary or appropriate to avoid endangering the health of persons or animals, or to avoid an unreasonable risk of harm to property. This precautionary information may be furnished by giving the customer a copy of the label(s) of any pesticide applied.

(c) When any pesticide is applied at a multi-unit dwelling site where an owner of the site or an agent of an owner of the site is not present at the site, the commercial applicator shall, promptly after the application, furnish the customer with a written statement containing the information required in Part 9.04(b) above and shall post notice-of-application signs containing the information required by § 35-10-112(2)(d), C.R.S.

(d) Notices in this Part 9.04 may be provided electronically when the following conditions have been met.

(1) Commercial applicators must obtain a written request from each customer or an individual at each location where an application was made if different from the customer's address, confirming their request to obtain any notice required by these Rules electronically.

(2) A commercial applicator must maintain a record of the written request(s) for electronic notices from each customer or an individual at each location where an application was made if different from the customer's address.

(3) A commercial applicator that does not have a record of the written request(s) for electronic notices on file at the time of an application must provide a written notice as outlined in Parts 9.04(a) through (c).

(4) Electronic notices are not sufficient to meet the requirement in this Part 9.04(c) for posting a written notice-of-application sign at any multiunit dwelling site when common areas have been treated and the owner of the site or agent of the owner of the site is not present at the site.

(e) Commercial, registered limited commercial, or registered public applicators must comply with all applicable signage requirements in Parts 12 and 13 below.

Notes

8 CCR 1203-2, pt. 9

38 CR 23, December 10, 2015, effective 12/30/2015 39 CR 05, March 10, 2016, effective 3/30/2016 45 CR 01, January 10, 2022, effective 1/30/2022 46 CR 23, December 10, 2023, effective 12/30/2023