N.J. Admin. Code § 7:30-10.4

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:30-10.4 - Restrictions on use of termiticides

(a) No person shall make a commercial application of a pesticide for control of termites unless at least one applicator certified and licensed in the termite subcategory as described in 7:30-6.3(a)7 ii is present at the application location for the duration of the application and within line of sight of the person making the application. This requirement shall not apply to the monitoring and maintenance of termite baiting stations or the placement of pesticide active ingredient therein by a properly trained and licensed commercial pesticide operator, working under the direct supervision of a responsible commercial pesticide applicator certified in the termite subcategory.

(b) No person shall apply any termiticide, using equipment designed for pressurized application, without first pressurizing the application equipment and inspecting for leaks, including, but not limited to, observation of the tank, pump, hose, fittings, and injection apparatus. Any leak detected during this inspection shall be repaired prior to starting the application. If any leaks are detected during application, the application shall immediately cease until the leak has been repaired and the spill soaked up with an absorbent material. Provisions of 7:30-9.17 and 9.18 shall also apply.

(c) All pressurized termiticide application equipment shall be equipped with a properly operating pressure gauge, accurate to within plus or minus five psi. Provisions of this subsection do not apply to hand-held pressurized tank type sprayers which may be used for control of swarming termites with pesticides labeled for this use.

(d) No person shall add water to any termiticide application equipment unless adequate provision is made for prevention of backflow as stated in 7:30-10.2(h).

(e) When treating a structure with a termiticide, hoses acting as the conduit between the tank holding the termiticide and the injection apparatus shall be routed through the structure in the manner most likely to minimize the potential for contamination should a hose rupture during treatment. Whenever possible, keep hoses outside of the structure being treated.

(f) Voids in foundation walls may be left untreated when deemed appropriate, in the experience of the applicator and after review of the structure and evidence of damage or infestation therein, to effect a successful treatment. If the foundation wall voids are treated, the treatment shall be performed consistent with label directions and the provisions of (g) below.

(g) No person shall make an application of any pesticide labeled for termite control, except termiticide baits, into voids of foundations unless done pursuant to the following restrictions listed by foundation type:

1. When hollow block, brick, and tile foundations are treated, the applicator shall:

i. Check any basement or crawlspace interior after treatment for potential seepage or spill;

ii. If a seepage or spill is observed, the spill shall be absorbed and cleaned to manufacturer's specifications immediately;

iii. Other clean-up procedures, to be determined by the Department when discovered or reported pursuant to 7:30-9.17, may be required in addition to absorption of the termiticide; and

iv. A reasonable precaution taken pursuant to 7:30-10.2(e) may be the sealing of any visible cracks, holes, or other openings prior to the application of any pesticide to prevent infiltration of pesticides into basements or crawlspaces.

2. Rubble and stone foundations shall:

i. When the mortar is in good condition, have test holes drilled, any of which reaching voids may be treated as consistent with label directions. Test holes not reaching voids shall be left untreated and shall be sealed along with the treated holes after application;

ii. When the mortar is in poor condition as determined by inspection or test application using water only, the inside wall shall be sealed with cement or equivalent covering prior to treatment, or the voids injected with a pesticide, other than an organo-chlorine, which is Federally registered for this use;

iii. Be injected only with low pressure injection; and

iv. Be injected only in conjunction with active ventilation using fans inside the basement and/or crawlspace to remove solvent and pesticide vapors from the treated structure.

(h) No person shall make an application of any termiticide to a basement floor, unless applied pursuant to label directions and the following restrictions listed by structural floor type and/or condition:

1. Concrete slab floors with a French drain system shall be treated by low pressure injection beneath the slab and/or expansion joint with a pesticide, other than an organo-chlorine, labeled for this site.

i. If a sump is present and accessible, the sump pump shall be turned off until (h)1ii below is carried out and (h)1iii below, if necessary;

ii. Such a french drain system shall be checked for potential seepage or spill after treatment;

iii. If a seepage or spill is observed, the spill shall be absorbed and cleaned to manufacturer's specifications immediately; and

iv. Other clean-up procedures, to be determined by the Department when discovered or reported pursuant to 7:30-9.17, may be required in addition to absorption of the termiticide.

2. Basement floors which are wet shall not be treated, unless it can be determined that the site of injection is above the level of the surrounding water table.

3. Basement floors with a high local water table which is known to the person contracting for the termite treatment and communicated to the applicator shall not be treated, unless the floor can be treated with a non water soluble termiticide when the water table is below the level of the site of injection.

4. Basement floors which have a sump pump pit in which there is standing water shall not be treated. Such a floor shall only be treated when the sump pit is pumped and then does not refill.

(i) No person shall make an application of a termiticide, except termiticide baits, to a crawlspace unless applied pursuant to the following restrictions listed by structural type and/or other conditions:

1. Accessible crawlspaces with no heating unit (see definition of heating unit in 7:30-1.2 ) present shall be treated in a manner consistent with the State or Federal label or labeling.

2. Accessible crawlspaces with a heating unit present shall be treated consistent with (i)1 above. Any air intakes in the heating unit which draw air from the crawlspace shall be ducted to the exterior of the building, and seams on the ducts inspected for tightness of fit and taped or equivalently sealed as necessary. In addition, adequate cross-ventilation must be present or shall be provided prior to treatment with a minimum total ventilation opening size requirement of [1]/[150]th of the square footage of the crawlspace surface. As an alternative, this crawlspace may also be treated as in (i)3 below.

3. Accessible plenum crawlspaces shall be treated consistent with (i)1 above, but only with a termiticide which is labeled for this site and only in conjunction with active ventilation during and for 24 hours following the end of the plenum crawlspace treatment. Only low pressure injection shall be used. Immediately following treatment, cover treated soil with at least six mil polyethylene tarp or equivalent sheeting as may be approved by the Department. Occupants of the treated structure shall be advised to vacate during treatment and for the 24 hour aeration period.

(j) No person shall make an application of a termiticide to an inaccessible space unless applied pursuant to the following restrictions:

1. Access shall be created to permit visual inspection of the area to be treated.

2. If there is a minimum of two feet of clearance between the soil surface and the bottom of the floor joists, treatment may be made consistent with label directions using the access point in (j)1 above, provided that proper ventilation exists or can be provided pursuant to (i)2 above.

3. If there is less than two feet of clearance and if entry can be made into the area to be treated, soil may be removed to obtain adequate clearance and treatment may be made consistent with label directions, provided that proper ventilation exists or can be provided pursuant to (i)2 above; or

i. If the ceiling of the space is concrete and entry cannot be made, drill through the foundation walls from the exterior at an angle and rod beneath the soil surface, or drill vertically through the ceiling of the space and rod beneath the soil surface.

(k) No person shall make an application of a termiticide, except termiticide baits, to an interior or exterior slab unless applied in accordance with the following restrictions by slab type and/or other conditions:

1. Prior to treatment, inspect the structure containing the slab to determine the location of utility lines, sewer waste lines, water shut-off valves, radiant heat and hot water baseboard heat lines and any other conduits or ducts that may be contained therein.

2. When slabs are drilled from the inside, a device such as a drill stopper shall be used.

3. Each hole drilled through the slab shall be plugged immediately following treatment. Such plug may be temporary, until permanently sealed following completion of the job, with mortar or equivalent material.

4. Wood directly on slab construction (not on sleepers) shall be drilled and treated as in (k)2 and 3 above, except only low pressure injection shall be used and the quantity of termiticide pumped into each hole shall not be great enough to cause excess termiticide to emerge from adjacent holes.

i. Wood not directly on slab construction, such as on sleepers, shall be treated as in (j) above.

5. Slabs covering or containing air ducts shall be inspected. If ducts are made of cardboard or rusted metal, no treatment shall be made unless the air circulation ducts are securely and permanently filled at the duct openings with a concrete or equivalent plug.

6. Slabs covering or containing air ducts may be only be treated with a non-organo-chlorine termiticide, without sealing of the duct openings and installation of an alternative air circulation/heating system provided:

i. There is evidence of an existing termite infestation in the structure;

ii. The exact location of the air ducts can be determined;

iii. Application under the slab is limited to gravity or low pressure injection;

iv. At least one member of the termite application crew is familiar with initial duct decontamination procedures;

v. Equipment necessary to facilitate initial clean-up, should accidental contamination occur, shall be present at the application location. The equipment shall include, but not be limited to, a wet/dry vacuuming system, spill absorbent material, at least five gallons of detergent, and filters of charcoal or comparable efficacious material sized for or capable of being readily adapted for use in the type ducts and/or heating system present; and

vi. The applicator or applicator business informs the contracting party for whom the termite treatment is to be performed in writing of the potential for contamination of the air ducts and resultant possible required modifications to the heating system as a part of the consumer information notice required pursuant to 7:30-9.12.

(l) Duct contamination resultant from a pesticide application shall be subject to clean-up under the provisions of 7:30-10.7 and to reporting and review under the provisions of 7:30-9.17.

(m) No person shall make a subterranean application of a termiticide, except termiticide bait, to a property in proximity to or on which wells and/or related water sources are located unless applied pursuant to the following restrictions:

1. If the well or other water source capable of being used is within the linear distance of the treatment site as provided in (m)4 below and if the well is sealed according to the specifications of the Division of Water Resources at N.J.A.C 7:9-9.9, then this subsection does not apply.

2. Do not treat any structure if a well, cistern, or spring, currently in use or capable of being used, is located within the foundation walls, except:

i. Subterranean application around the exterior perimeter of the foundation which surrounds the well, cistern or spring;

ii. If such a structure contains foundation walls exterior to those surrounding the well, cistern or spring, treatment may be made to those areas outside the foundation walls surrounding the well pursuant to (m)5 below;

iii. Foundation wall voids may be treated with a termiticide foam labeled for this site;

iv. The floor of the basement or crawlspace may be treated using the excavation technique as follows: remove soil of the interior perimeter, or pilings, from a trench from the grade level to the top of the footing, place it on polyethylene sheeting, mix the termiticide with it, permit to dry a minimum of 15 minutes, and replace the soil into the trench.

3. If a well is down grade (at a lower elevation) from the application site, and there is a structural conduit, such as a paved driveway, between the well and the application site, provision shall be made to block the conduit or dike the area around the well to prevent movement of the termiticide to the well should a spill occur.

4. If the well or other water source is more than 20 feet from the treatment site in sandy soil, or more than 100 feet in other soils, treatment shall be consistent with label directions.

5. If the well or other water source is located closer to the treatment site than as stated in (m)4 above, treat as follows:

i. The foundation wall voids shall not be treated, except that foundation wall voids more than two feet on either side of a water or sewer line may be treated with a termiticide foam labeled for the site.

ii. Foundation wall voids two feet or less on either side of a water or sewer line may be treated with a termiticide foam labeled for wall voids by removing the soil, at least 18 inches outside the foundation, along the water or sewer line and to a depth at least six inches below the water or sewer line; or, if the soil within two feet of the water or sewer line is covered by a fixed substrate such as concrete, remove the soil outside the fixed substrate, along the water or sewer line and to a depth at least six inches below the water or sewer line. Treatment shall be made while observing the newly dug hole for seepage. If such seepage occurs, treatment shall cease until all seepage is absorbed into the soil.

iii. The soil outside the foundation within two feet of the water or septic lines shall not be treated, except as provided in (p)5iv or v below.

iv. To treat the soil adjacent to the foundation within the linear distance specified in (m)4 above, other than that through or adjacent to which water or sewer lines run, dig a shallow trench adjacent to the foundation and flood it with termiticide. Allow the termiticide to seep downward with gravity. Do not rod under pressure; or remove soil from grade to top of footing, place it on polyethylene sheeting, mix the termiticide with it, permit to dry a minimum of 15 minutes, and replace the soil into the trench.

v. Soil within two feet of the water or sewer lines shall be treated as provided in (m)5iv above, or as outlined in this subparagraph. As an alternate, remove the soil, at least 18 inches outside the foundation, along the water or sewer line and to a depth at least six inches below the water or sewer line; or, if the soil within two feet of the water or sewer line is covered by a fixed substrate such as concrete, remove the soil outside the fixed substrate, along the water or sewer line and to a depth at least six inches below the water or sewer line. Following either of the soil removal options above, the soil against the foundation wall shall be treated by gravity feed only, while observing the newly dug hole for seepage. If such seepage occurs, treatment shall cease until all seepage is absorbed into the soil. Soil within two feet of the water or sewer lines may also be left intentionally untreated as in (m)5ii above.

vi. Soil adjacent to the foundation which is covered by a concrete or other soil covering shall be treated by drilling through the covering surface at a maximum of one foot intervals and using a funnel to gravity feed the correct quantity of termiticide into each hole. Do not apply the termiticide under pressure.

vii. If the soil beneath the basement floor must be treated, space treatment holes a maximum one foot apart and apply using a funnel as in (m)5vi above, except when using foam termiticides labeled for this site.

viii. The use of foam in this subsection is considered to be equivalent to a gravity feed application.

(n) Retreatments with termiticides, except termiticide baits, are allowed only after five years have elapsed after a treatment, or when there is evidence of reinfestation subsequent to the initial treatment, or if there is a disruption of the pesticide barrier in the soil due to construction, excavations, or landscaping. In cases of disruption of the soil barrier, only those locations where this occurred may be retreated. In cases of evidence of termite infestations, the entire premises may be treated if:

1. The history of treatment of the structure is not known and cannot be readily determined, or

2. Live termites are found on or within the structure.

(o) For the purposes of interpretation of (n) above, previously reported damage shall not be accepted as evidence of re-infestation. For purposes of interpretation of (n) above, retreatment by the same person as originally performed the initial treatment shall presume knowledge of the history of treatment.

(p) Prior to entering into any contract to apply a termiticide, the applicator or applicator business shall provide the contracting party with a copy of this section (7:30-10.4 ) included with the consumer information required pursuant to 7:30-9.12. The applicator or applicator business may provide a summary in lieu of a copy of 7:30-10.4, subject to the approval of the summary by the Department.

1. When using a termiticide bait, a copy of 7:30-10.4 or approved summary need not be given to the contracting party.

(q) A diagram of the structure to be treated, depicting the lower level of the structure, the location of termite infestations, areas treated and any significant items such as location of known wells, drainage systems, streams and ponds which may be affected by the application shall become a part of the termite application records and shall be maintained by the applicator for a minimum of five years.

N.J. Admin. Code § 7:30-10.4

Amended by R.1985 d.557, effective 11/4/1985.
See: 17 N.J.R. 242(b), 17 N.J.R. 2609(b).
Originally "Storage of pesticides".
Amended by R.1988 d.538, effective 11/21/1988.
See: 20 N.J.R. 579(a), 20 N.J.R. 2865(a).
Substantially amended.
Amended by R.2001 d.427, effective 11/19/2001.
See: 33 N.J.R. 474(a), 33 N.J.R. 3956(b).
Rewrote the section.
Amended by R.2004 d.452, effective 12/6/2004.
See: 36 N.J.R. 2124(a), 36 N.J.R. 5433(a).
In (n), deleted "pursuant to (p)2 below" following "allowed only when there is evidence of reinfestation".
Amended by R.2008 d.126, effective 5/19/2008.
See: 39 N.J.R. 5010(a), 40 N.J.R. 2451(b).
Rewrote (a) and (j)3; and in the introductory paragraph of (n), inserted "after five years have elapsed after treatment, or".