901:5-11-15 Pesticide use in schools.

(A) This rule shall apply to the classroom buildings of schools established under Chapter 3311. of the Revised Code, education service centers, community schools established under Chapter 3314. of the Revised Code, STEM schools established under Chapter 3326. of the Revised Code; and non-public schools chartered by the state board of education pursuant to section 3301.16 of the Revised Code.

(B) Pesticides shall be applied on or in the classroom buildings of schools only if:

(1) The pesticide is applied for either the longer of four hours or the minimum time specified by the label of the pesticide applied prior to the beginning of the school day; at a time after the school day has concluded; or when school is not in session under the calendar established by the local school board; or

(2) The pesticide is applied when school is in session provided that:

(a) Persons other than pesticide applicators and necessary school staff are not scheduled to be in the treatment area during treatment and for either the longer of four hours or the minimum time specified by the label of the pesticide applied, if any is specified, as measured from the time that the pesticide application is completed; and

(b) The entrances to the area in which the pesticide is applied are posted with signs meeting the following requirements:

(i) The sign shall measure at least eight and one half inches by eleven inches; and

(ii) The sign is printed with letters at least one inch in height with the following wording: "Pesticide Treatment Area. Do Not Enter Before (the date and time where re-entry will be permitted into the treatment area)." The time shall be the later of four hours or the minimum time specified on the label, as measured from the time that the pesticide application is completed; or

(3) The pesticide applied is one of the following, and is applied in strict accordance with label instructions:

(a) Manufactured paste or gel baits;

(b) Paraffin-based rodent control products placed in industry-identified tamper-resistant bait stations;

(c) Termite-baiting stations

(d) Rodenticides which are placed in wall voids or other areas that are inaccessible to humans and domestic animals;

(e) Disinfectants, sanitizers, germicides, and anti-microbial agents; or

(f) Dusts used in unoccupied areas of the structure; and

(4) If one of the conditions in paragraph (B) of this rule has been met, except for those items listed in (B)(3)(e), the following information shall be provided to the school's contact person identified under paragraph (C)(2) of this rule as soon as practicable following the application:

(a) Date and time that the pesticide was applied;

(b) Treatment area;

(c) Target pests;

(d) Brand name and EPA registration number of the pesticide applied; and

(e) If applied under (B)(2) of this rule, time or conditions for re-entering the treatment area as specified by the label of the pesticide applied, if any is specified.

(C) Any school subject to this rule shall:

(1) Develop a policy whereby parents or guardians of minor children, adult students, faculty and staff who are enrolled or employed at the school may request and receive prior notifications of scheduled service visits by pesticide businesses in which pesticides may be applied under B(2) of this rule or scheduled pesticide applications under B(2) of this rule by licensed school employees pursuant to R.C. 921.06 .

(a) The method of prior notifications shall be determined by the school and may include but shall not be limited to e-mail and listserv methods; and

(b) If special circumstances arise that prevent prior notification from being provided as required, such as emergency application of pesticides to control organisms that pose an immediate health threat, the school shall provide notice as soon as possible. The notice shall explain the reasons why advance notice was not provided.

(2) Designate a school employee to serve as a contact person for pesticide applications made at the school. The school shall maintain for inspection during normal school hours by parents or guardians of minor children, adult students, faculty and staff who are enrolled or employed at the school, or the director or their authorized representative:

(a) Records provided to the contact person pursuant to paragraph (B)(4) of this rule. The records shall be maintained for a period of one year following the date of the pesticide application; and

(b) Documentation that requested notifications were made pursuant to the school policy established under paragraph (C)(1) of this rule.

(3) Pesticides applied under (B)(3)(e) of this rule are excepted from the notification policy contained in (C)(1) and (C)(2).

(D) Guidance for principles of integrated pest management may be published on the department's website or otherwise disseminated as determined by the director.

Effective: 04/26/2010
R.C. 119.032 review dates: 08/01/2014
Promulgated Under: 119.03
Statutory Authority: 921.16
Rule Amplifies: 921.01 , 921.18
Prior Effective Dates: 08/10/2009