N.J. Admin. Code § 7:30-13.8

Current through Register Vol. 56, No. 24, December 18, 2024

Section 7:30-13.8 - Other than low impact pesticide applications: prohibitions

(a) A pesticide, other than a low impact pesticide, shall not be applied on school property where students are expected to be present for academic instruction or for organized extra-curricular activities prior to the time prescribed for re-entry to the application site by the United State Environmental Protection Agency on the pesticide label, except that if no specific numerical re-entry time is prescribed on a pesticide label, such a pesticide, other than a low impact pesticide, shall not be applied on school property where students are expected to be present for academic instruction or for organized extra-curricular activities within seven hours of the application.

(b) A pesticide, other than a low impact pesticide, shall not be applied in a school building when students are present, unless in accordance with (a) above, and (b)1 and 2 below:

1. Students may not be present in an untreated portion of a school building unless the area being treated with a pesticide, other than a low impact pesticide, is served by a separate ventilation system and is separated from the untreated area by smoke or fire doors; and

2. Residential areas for students not used by school children during normal school hours may be treated during normal school hours, provided that the notification requirements of N.J.A.C. 7:30-9.12(b) have been carried out.

(c) A low impact pesticide may be applied in areas of a school building where students will not contact treated areas until sufficient time is allowed for the substance to dry or settle, or after the period of time prescribed for re-entry or for ventilation requirements on the pesticide label has elapsed.

(d) This section shall not apply when pesticides are applied on school property for student instructional purposes or by public health officials during the normal course of their duties, such as inspections of food service locations.

(e) A commercial pesticide applicator shall not be liable to any person for damages resulting from the application of a pesticide at a school if the damages are solely due to the failure of the local school board, the board of trustees of a charter school, or the principal or lead administrator of a private school, as appropriate, to provide the notice required prior to the application of a pesticide pursuant to the School Integrated Pest Management Act, and this subchapter at N.J.A.C. 7:30-13.5, 13.6 and 13.7.

N.J. Admin. Code § 7:30-13.8

Amended by R.2008 d.126, effective 5/19/2008.
See: 39 N.J.R. 5010(a), 40 N.J.R. 2451(b).
In (a), inserted "numerical".