Current through Register Vol. XLI, No. 50, December 13, 2024
Section 61-12C-3 - General Requirements for Termite Treatments in West Virginia3.1. Pesticides. 3.1.a. No person shall apply any pesticide to control termites in structures unless such pesticides are registered for termite control by the United States Environmental Protection Agency and by the West Virginia Department of Agriculture.3.1.b. Pesticides used to control termites must be mixed and used according to the directions on the label that is on file with the commissioner.3.2. Treatment Specifications and Records. 3.2.a. All termite treatments shall be documented prior to treatment by treatment graphs and specifications to be completed by a commercial applicator certified in structural pest control. Such graphs and specifications shall include, but not be limited to: 3.2.a.A. the address or location of the structure to be treated;3.2.a.B. the name (and address if different than the location of the structure) of the owner, manager, tenant or other person ordering the structural pest control work;3.2.a.C. the name of the certified commercial applicator supervising the use of pesticides;3.2.a.D. the pest or pests against which the pesticide(s) are to be applied;3.2.a.E. the pesticide(s) to be used, including the product name and quantity of each pesticide used;3.2.a.F. a diagram of the structure to be treated showing the sites at which pesticides are to be applied, hazard sites, such as wells, the location(s) of actual pest infestations if any exist and any other information pertinent to the application of pesticides at the particular site;3.2.a.G. special precaution orders for the applicator's safety, such as the use of protective clothing respirators or other safety gear;3.2.a.H. the name(s) of the persons making the pesticide applications;3.2.a.I. the date(s) pesticides are to be applied.3.3. Application Equipment. 3.3.a. All termiticide application equipment or application apparatus shall be kept in sound working condition.3.3.b. All termiticide distribution systems, including pumps, hoses, nozzles and fittings, etc., shall be maintained in a manner to prevent leaks or spills.3.3.c. All pumps used with termiticide distribution systems shall be capable of sufficient pressure to assure a uniform and adequate rate of discharge. The pressure and rate of discharge of the termiticide shall be indicated by pressure gauges, flow meters or other means of equal measurement capable of demonstration by the applicator.3.3.d. All vehicle or trailer-mounted termiticide application systems shall be of a type requiring a pump to pull termiticide from a holding tank. The use of an air compressor to pressurize holding tanks is prohibited.W. Va. Code R. § 61-12C-3