Current through Register 1536, December 6, 2024
Section 14.10 - Emergency Waiver(1) The Department, municipal board of health, or the Director of Public Health shall determine if an Emergency Waiver is warranted based on the following criteria: (a) That the pest situation poses an immediate threat to human health; and(b) That there is no viable alternative to the use of a pesticide.(2) As a condition of approval, the municipal board of health, Director of Public Health or the Department shall require a commitment from the School administrator that the underlying causes of the pest outbreak will be identified and addressed in the IPM Plan.(3) In such an emergency situation, the School administrator shall ensure the following: (a) The Department-approved Emergency Waiver form is completed and signed by either the municipal board of health or Director of Public Health, or the Department.(b) That Department-approved signs are posted at the site of the spraying, release, deposit or application prior to, and for at least 72 hours after, the spraying, release, deposit or application.(c) That Standard Written Notification is provided to employees, pupils or supervised children and their parents or guardians immediately prior to or, if necessary, immediately following the emergency spraying, release, deposit or application.(d) That the Department-approved Emergency Waiver form and records of the emergency event that identify the underlying causes of the pest outbreak and the actions taken to address it shall be maintained as a part of the records for five years pursuant to 333 CMR 14.08(2).Amended by Mass Register Issue 1532, eff. 10/11/2024.