N.Y. Comp. Codes R. & Regs. tit. 6 § 325.3

Current through Register Vol. 46, No. 43, October 23, 2024

Section 325.3 - Control of termites

(a) The following restrictions must be complied with when applying liquid termiticide:

(1) Application of termiticide must be made in strict accordance with both the labeling of the termiticide being used and these regulations. Where termiticide labeling and these regulations address the same point, the more prohibitive requirements of the labeling or these regulations must be complied with.

(2) Prior to subsurface ground application of termiticide by other than the excavation/treated backfill technique, a visual inspection of the application area must be made by an individual certified in the termite subcategory to ensure that termiticide will not move from the application area into a structure. Application near foundations that have holes, cracks or voids must be made only if application is limited to the excavation/treated backfill technique, or if prior to application all holes, cracks and voids are filled with an impervious material in a manner that completely seals any openings and prevents termiticide from moving into the structure.

(3) All pressurized application equipment used for subsurface ground application of termiticide must be equipped with a properly operating pressure gauge that is accurate to within plus or minus three pounds per square inch. During applications, pressure at the nozzle must not exceed 25 pounds per square inch.

(4) During subsurface ground application of termiticide along the exterior of a basement wall, by other than the excavation/treated backfill technique, and during placement of termiticide underneath a concrete slab by angled or horizontal rodding from an area outside the perimeter of the slab, at least two employees of the pesticide business must be present on the premises. During application, one of these employees must be present inside the structure to observe the area of application, and to assist the applicator in detecting any intrusion of termiticide into the structure. At the first indication of any movement of termiticide into the structure, the applicator must immediately cease applying termiticide and initiate appropriate clean-up procedures.

(5) Subsurface ground application of termiticide must not be made to soil at or below the level of the local water table as determined by:

(i) excavation of a test hole dug down to the lowest planned application area if evidence of a high water table is found, such as water stains or efflorescence on the interior surface of foundation walls, or the presence of a sump pit, sump pump or French drain in the structure to be treated. Application of termiticide to soil must not be made unless, at the end of two hours immediately following completion of excavation of the test hole, the test hole does not contain any water or saturated soil; or

(ii) examination of all sump pits in the structure if they exist. Any standing water must be removed from sump pits, and all sump pumps must be removed from sump pits or disconnected from their power source for the next two hours. Application of termiticide to soil must not be made unless, at the end of two hours immediately following removal or disconnection of pumps, sump pits do not contain any water.

(6) Subsurface ground application of termiticide must not be made to soil located within 10 feet of a well or cistern as measured across the surface of the soil from the application area to where the well or cistern begins to descend vertically, nor under or adjacent to any structure that contains a well or cistern, unless soil is removed and treated outside the foundation by the excavation/treated backfill technique, or unless a driven (steel casing) well screened in the water table aquifer has been abandoned in a manner which meets all of the following conditions:

(i) all materials must be removed from the well (inner casings, pumps, pipes, electrical cable, etc.);

(ii) all appurtenant features must be disconnected (water supply pipe); and

(iii) all of the casing must be completely sealed with grout, cement or concrete for it's entire length. Removal of the outer steel casing is not necessary.

(7) Subsurface ground application of termiticide must not be made to soil within four feet above and beside water pipes that are located between 10 feet and 25 feet from wells or cisterns, as measured across the surface of the soil from the application area to where the well begins to descend vertically, unless application is limited to the excavation/treated backfill technique.

(8) Application of termiticide must not be made to voids in masonry foundations unless:

(i) termiticide is applied as a subsurface ground application within 42 inches of the points along the foundation that are closest to the footing. Points of application must be on the side of the foundation closest to the footing where soil or a masonry element of construction adjoins the foundation. Anything restricting access to the bare masonry foundation targeted for treatment must be removed to expose an area within 42 inches of the points along the foundation that are closest to the footing; and

(ii) the basement or crawl space enclosed by or containing such foundation is ventilated as follows:

(a) immediately following application and for at least seven days thereafter, the area must be ventilated directly to the outside of the structure;

(b) the minimum net area of ventilating openings must not be less than one square foot for each 150 square feet of interior floor surface of the basement or crawl space area; and

(c) there must be at least four vents, and each vent must be located no farther than three feet from each corner.

(9) Subsurface ground application of termiticide must not be made to soil in areas where an air circulation system is to be installed within or beneath a concrete slab or floor unless the air circulation system:

(i) is completely encased in concrete; or

(ii) is constructed of an impervious material such as metal or plastic that is sealed prior to construction of a concrete slab or floor.

(10) Subsurface ground application of termiticide must not be made to structures that have an air circulation system installed within or beneath a concrete slab or floor unless:

(i) all supply and return register outlets throughout the air circulation system are permanently filled and sealed to completely disable the system; or

(ii) application is restricted to soil outside the perimeter of the concrete slab or floor, and application is made from an area outside the perimeter of the concrete slab or floor by vertical rodding, trenching or the excavation/treated backfill technique.

(11) Subsurface ground application of liquid termiticide must not be made to structures with plenum air spaces unless application is restricted to soil outside the foundation, and application is made from an area outside the foundation by vertical rodding, trenching or the excavation/treated backfill technique.

(12) Subsurface ground application or surface application of termiticide must not be made to exposed soil in crawl spaces that are more than 18 inches but less than five feet in height, as measured from the floor to the underside of floor joists, or basements unless:

(i) the entire exposed soil surface is covered with a concrete slab immediately following application (except areas where utility access panels are constructed); or

(ii) the following measures are complied with:

(a) treated areas must be covered with a concrete strip or layer of untreated soil measuring at least the width of treated soil; and

(b) the basement or accessible crawl space must not connect with other interior areas of the structure without a separating wall or floor. The wall or floor must obstruct movement of termiticide vapor to any non-target areas. The wall or floor must be in place for at least seven days following application. Any access doors in the wall or floor must be securely closed immediately following application; and

(c) the basement or accessible crawl space area must be ventilated in compliance with clauses (8)(ii)(a), (b) and (c) of this subdivision.

(13) Subsurface ground application or surface application of termiticide must not be made to exposed soil in crawl spaces that are 18 inches or less in height, as measured from the floor to the underside of floor joists, unless:

(i) the entire exposed soil surface is covered with a concrete slab immediately following application (except areas where utility access panels are constructed); or

(ii) the following measures are complied with:

(a) the inaccessible crawl space must not connect with other interior areas of the structure without a separating wall or floor. The wall or floor must obstruct movement of termiticide vapor to any non-target areas. The wall or floor must be in place for at least seven days following application. Any access doors in the wall or floor must be securely closed immediately following application; and

(b) the inaccessible crawl space area must be ventilated in compliance with clauses (8)(ii)(a), (b) and (c) of this subdivision.

(14) Immediately following subsurface ground application of termiticide, all drill holes must be securely plugged with concrete or mortar. Plugs made out of other materials such as plastic, wood or cork must be recessed a minimum of one inch and capped with concrete or mortar.

(15) Retreatment must not be made unless there is evidence of reinfestation subsequent to a prior application as determined by the visual observation of live termites, or the sealing, extension or reconstruction of mud tubes after they have been disturbed; or there has been a disruption of the termiticide barrier due to construction, excavation, or landscaping. This requirement applies whether the termiticide used for retreatment is chemically different than the termiticide previously used. When there has been a disruption of the termiticide barrier due to construction, excavation, or landscaping, retreatment is restricted to application of the termiticide to the disrupted area only.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 325.3