5E-14.102. Definitions

In addition to those terms contained in Section 482.021, F.S., the following terms shall mean:

(1) “Application of fumigant(s)” – Release of fumigant(s) into structure or enclosed space.

(2) “Fumigation operation” – All details prior to application of fumigant(s), the application of fumigant(s), fumigation period and post fumigation details as herein outlined.

(3) “Fumigation period” – Period of time from application of fumigant(s) until the ventilation of structure is completed, and the structure is declared safe for occupancy.

(4) “General fumigation” – Application of fumigant(s) to one (1) or more rooms or their contents in a structure or to entire structure; or to commodities under gas-tight sheets or tarpaulins.

(5) “Preventive treatment” – Application of measures for the purpose of preventing infestation(s) or infection(s) of structures by wood-infesting organisms.

(6) “Residential area” – Any area other than an agricultural area or as otherwise specifically exempted by Chapter 482, F.S.

(7) “Spot fumigation” – Application of fumigant to localized harborage or infestation within, on or under a structure or enclosed space, or to a lawn under tarpaulins.

(8) “Spot treatment” – Treatment restricted to specific area(s) of a structure to control or prevent pests.

(9) “Multi-Unit structure” – A structure, consisting of one or more stories, composed of functionally distinct units, such as stores, offices, apartments, townhouses, and condominiums, in which units share a common wall of wood or metal studs or single masonry walls, including fire walls.

(10) “Classroom” – A student or students studying a subject in a setting conducive to learning, other than field training as required by Section 482.091(3), F.S., with an instructor or other multimedia instructional tools, computer instruction, or correspondence courses.

(11) “Multi-unit dwelling” is defined as a multi-unit structure whose primary function is to serve as living quarters for people, such as apartment buildings, condominiums, duplexes, and townhomes.

(12) “Direct Supervision” requires the personal presence of either the certified fumigation operator or his or her special fumigation identification cardholder at the fumigation job site.

(13) “Breathing Zone” is defined as the area of space in each room of a fumigated structure where persons typically stand, sit, or lie down.

(14) “Secondary Locking Device” is defined as any device, method or barricade, in addition to existing locking mechanisms, that is demonstratively effective in preventing an exterior door or entrance from being opened or entered by normal means by anyone other than the certified operator in charge or his special fumigation identification cardholder.

(15) “Barricade and Barring” secures the entrances to a structure against unauthorized entry during the fumigation exposure period and must be demonstratively effective in preventing an exterior door or doorway from being opened from the exterior.

(16) “Access device” as used in subsection 5E-14.108(5), F.A.C., is defined as a lockbox or other onsite device that stores the key or controls access, either physically or electronically, to the fumigated structure. This is not a secondary locking device.

(17) “Connected Structure” is defined as any structure physically connected with the structure to be fumigated by construction elements (e.g. pipes, conduits, drains, ducts, etc.), which may allow passage of fumigant between the structures.

(18) “Stewardship Policy” means a written plan that addresses the education and training of all fumigation employees and includes requirements for continued sale and use of the registrant’s residential fumigant, instructions to follow the residential fumigant’s label requirements and submission to quality assurance inspections conducted by the registrant or designated representative such as distributors and contractors.

(19) “Fumigation Employee” means any of the following persons who is an employee of a licensee or a person conducting fumigation at the direction of or under the control of a licensee:

(a) Certified Operators in the fumigation category;

(b) Special Identification Cardholders;

(c) Employee Identification Cardholders with the Fumigation Identification Card endorsement.

(20) “Residential Fumigant” means a registered pesticide labeled for structural fumigation including or encompassing a residential area in the state of Florida.

Rulemaking Authority 482.051, 570.07(23) FS. Law Implemented 482.021, 482.051 FS. History–New 1-1-77, Amended 6-27-79, 6-22-83, Formerly 10D-55.102, Amended 8-11-93, 6-12-02, 4-17-03, 9-17-08, 5-7-17.