Ohio Admin. Code 901:5-11-07 - Financial responsibility
(A) Applicability.
(1) Paragraph (B) of this rule shall apply to
all pesticide businesses, except pesticide businesses whose activities are
limited to:
(a) Conducting wood-destroying
insect diagnostic inspections;
(b)
Application of boat antifoulants;
(c) Seed treatment; or
(d) Those performed as a pesticide
solicitor.
(2) Paragraph
(C) of this rule shall apply to pesticide businesses that make wood-destroying
insect diagnostic inspections, whether or not that business also applies
pesticides.
(3) Paragraph (D) of
this rule shall apply to pesticide businesses that conduct aerial pest control
applications.
(4) Paragraph (E) of
this rule shall apply to all pesticide businesses that are required to maintain
financial responsibility under this rule.
(B) Every pesticide business shall have in
force a comprehensive
commercial general liability insurance policy
and, either a separate professional liability insurance policy or an
endorsement covering the properties under the care,
custody, and control of the pesticide application business as it relates
to
liability arising from the
application of pesticides, including but not limited to
the damage to the actual properties the pesticide business is treating or
working on in each of the pesticide use categories in which the
commercial applicators employed by the business are licensed. The
policy
policies and endorsements shall:
be in force for the
entire term of the pesticide business license, shall provide coverage for each
registered location associated with the pesticide business, and shall be issued
by a company permitted to do business in Ohio. The policy shall provide
coverage for bodily injury, property damage, products, and completed
operations. The policy shall contain the following minimum limits of
insurance:
(1)
Provide coverage for each registered location
associated with the pesticide business;
(2)
Provide coverage
for bodily injury, property damage, products, and completed operations due to
the application of pesticides at the location applied and for third party
claims; and
(3)
Contain the following minimum limits of
insurance:
(1)
(a) Three hundred thousand dollars policy general
aggregate;
(2)
(b) Three hundred thousand dollars per occurrence
limit; and
(3)
(c) Three hundred thousand dollars products and
completed operations aggregate.
(C) Every pesticide business which is also
licensed in the pesticide use category of wood-destroying insect diagnostic
inspection shall obtain either a specific liability policy or an endorsement on
an existing comprehensive
commercial general liability policy covering
claims which arise from errors or omissions in the performance of
wood-destroying insect diagnostic inspections. The policy and endorsements
shall contain the following minimum limits of
insurance:
be in force for the entire term of
the license and shall be issued by a company permitted to do business in Ohio.
The minimum amount of coverage for the policy shall be fifty thousand dollars
per occurrence with an aggregate limit of at least one hundred thousand
dollars.
(1)
One hundred thousand dollars policy general aggregate; and
(2)
Fifty thousand
dollars per occurrence limit.
(D) Every pesticide business that conducts
aerial pest control applications shall have in force a comprehensive chemical
liability insurance policy for the properties under the
care, custody, and control of the pesticide application business as it relates
to
liability arising from the
application of pesticides from aircraft, including but
not limited to the damage to the actual properties the pesticide business is
treating or working on . The policy and endorsements shall:
be in force for the entire term of the pesticide
business license and shall be issued by a company permitted to do business in
Ohio. The policy shall provide coverage for bodily injury, property damage, and
products. The policy shall contain the following minimum limits of
insurance:
(1)
Provide coverage for bodily injury, property damage,
products, and completed operations due to the application of pesticides at the
location applied and for third party claims; and
(2)
Contain the
following minimum limits of insurance:
(1)
(a) One hundred
thousand dollars property damage coverage per occurrence; and
(2)
(b)
One hundred thousand dollars bodily injury (excluding passengers) coverage for
each person; and
(3)
(c) Three hundred thousand dollars bodily injury
(excluding passengers) coverage per occurrence.
(E) Every person applying for a pesticide
business license shall submit with their license application either a
certificate of insurance or a binder verifying that they meet the requirements
of this rule. The certificate of insurance or binder shall contain:
(1) The name and address of the issuing
company;
(2) The name and address
of the insured pesticide business;
(3) The name and address of each registered
location associated with the insured pesticide business;
(4) The effective date and expiration date of
the insurance policy;
(5) The
policy number;
(6) A statement
verifying that the policy provides the coverage
required in paragraphs (B), (C), and/or (D) of this rule;
covers liability arising from:
(a) The application of pesticides,
if the pesticide business performs pesticide applications; and
(b) The performance of
wood-destroying insect diagnostic inspections, if the pesticide business
performs wood-destroying insect diagnostic inspections.
(7) The limits of insurance;
and
(8) A clause which states in
the same or similar language: "In the event of cancellation for non-payment,
the insurer agrees to advise the Ohio Department of Agriculture, Pesticide
Regulation Section, 8995 East Main Street, Reynoldsburg, Ohio 43068, by written
notice ten days prior to the effective date of cancellation. If the policy is,
for any other reason, canceled , not renewed, or
there is a material change the insurer agrees to give the Ohio Department of
Agriculture thirty days written notice."
Notes
Promulgated Under: 119.03
Statutory Authority: 921.16
Rule Amplifies: 921.10
Prior Effective Dates: 01/26/1973, 01/01/1977, 10/29/1998, 04/01/2003, 05/05/2016
Promulgated Under: 119.03
Statutory Authority: 921.16
Rule Amplifies: 921.10
Prior Effective Dates: 1-26-73; 1-1-77; 10-29-98; 4-1-03
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