(1) The certified operator in charge or his designated special fumigation identification card holder shall personally determine by using label-approved gas-detecting devices, verified and/or calibrated as required by either the device manufacturer or the fumigant label directions, whichever is more restrictive, that the entire structure or enclosed space fumigated, and also including beds and bedding therein, has been safely ventilated as required by fumigant label directions, to permit safe human entry and occupancy or reoccupancy. No person, other than the certified fumigation operator in charge, his designated special fumigation identification cardholder, or trained identification cardholder, utilizing the label-approved respiratory protective equipment or gas detecting device, may enter, occupy or reoccupy the fumigated structure for any reason prior to completion of the aeration procedure(s) and declaration of clearance. All warning agent containers shall be removed from the structure. In no instance shall ventilation or aeration time be less than that recommended by manufacturer of fumigant on the registered label.
    (2) Declaring structure or enclosed space fumigated safe for entry and occupancy or reoccupancy: The certified operator in charge or his designated special fumigation identification card holder shall not permit or allow any unauthorized person to enter or occupy or reoccupy the structure or enclosed space fumigated until the aeration procedures as required by the fumigant product label are completed, and he has personally checked the breathing zone of each room within the fumigated structure for fumigant levels with suitable gas-detecting equipment or device required by the fumigant label and found the structure to be safe for human entry and occupancy, and he shall personally certify by his own signature as a result of his final personal inspection and monitoring examination of the entire structure or space fumigated that the same and adjacent vacated structures are safe for human entry, occupancy or reoccupancy. Such notice of clearance shall be in writing and shall be conspicuously posted by the certified fumigation operator in charge or his designated special fumigation identification cardholder on all entrances of the fumigated structure or enclosed space. Clearance notices may not be posted prior to performing the clearance inspection with the label required gas-detection equipment. The signature of the certified operator in charge or his designated special fumigation identification card holder and the exact date and hour of release for reentry and reoccupancy shall be set forth in all notices. In no case shall the notice of clearance be post-dated.
Rulemaking Authority 482.051 FS. Law Implemented 482.051(1), 482.152 FS. History-New 1-1-77, Formerly 10D-55.113, Amended 4-29-02, 4-17-03.