(1) DEFINITIONS. In
this section:
(a) "Common area" means an area
in a residential structure that is accessible to residents but is not part of
any individual dwelling unit.
(b)
"Dwelling unit" means that portion of a residential structure that is used, or
designed for use, as a residence by a household.
(c) "Resident" means any person residing in a
residential structure.
(d)
"Residential application" means the application of a pesticide, other than a
germicide, sanitizer or disinfectant, to a residential structure. "Residential
application" includes perimeter barrier applications, but does not include an
individual's application of a pesticide to a dwelling unit in which that
individual resides, provided that the individual does not apply the pesticide
to other dwelling units or common areas in the residential structure, or its
perimeter barrier.
(e) "Residential
structure" means a structure used wholly or in part as a human residence, and
includes all facilities and furnishings pertaining to that structure.
Residential structure includes a residential structure occupied on a rental
basis, and also includes a mobile home. Residential structure does not include
any of the following:
1. A hotel, motel or
similar premises occupied on a transient basis.
2. A hospital, nursing home or similar
facility occupied by persons receiving medical care or related
services.
3. A prison, jail or
other place of detention.
(f) "Restricted entry interval" has the
meaning given in s.
ATCP 29.01(35).
(2) INFORMATION TO CUSTOMER. A person hired
by a customer to make a residential application shall provide that customer
with all of the following:
(a) A written
notice offering to provide pre-application information under par. (b). The
written notice may be provided electronically to the customer if the customer
consents in writing to such notification. The person shall make the offer
before making the first residential application for the customer, and shall
repeat the offer at least annually if there is a continuing contract for more
than one year.
Note: See ch. ATCP 29 Appendix A for an example of a
written offer of information under par. (a). Nothing in this section authorizes
a commercial applicator to make a residential application which the customer
has not affirmatively authorized.
(b) The following pre-application
information, in writing, if requested by the customer:
1. The brand name, product name or common
chemical name of each pesticide that may be applied.
2. A copy of the pesticide label for each
pesticide that may be applied.
3.
The date on which the pesticide application will be made. The date may be
communicated orally, rather than in writing, if the requester agrees to oral
notification.
4. The name, business
address and telephone number of a person who can provide further information
about the pesticide application.
(c) The information required under s.
ATCP 29.22. This information shall be provided within the
time period specified under s.
ATCP 29.22.
(3) NOTICE TO RESIDENTS.
(a) A person making a residential application
shall provide the following information in writing to residents at the time of
the application:
1. The name and address of
the person making the application, and a telephone number at which residents
can obtain further information about the application.
Note: The name and address under subd. 1. may be the name
and address of the business entity making the residential
application.
2. The first
and last name of each individual making the application and, if the application
is one for which the individual must be licensed under s.
ATCP 29.25, the individual's license number.
3. The brand name, product name or common
chemical name of the pesticide applied.
4. The concentration and total quantity of
each pesticide applied, or the amount of pesticide product applied per unit
area and the total area treated.
5.
Any pertinent post-application precautions stated on the pesticide label. If
the pesticide label prescribes a restricted entry interval, the person making
the residential application shall also post a warning sign under s.
ATCP 29.52 at each entrance to each treated area.
6. The month, day, year and approximate
starting and ending time of the pesticide application.
7. Notice that a copy of the pesticide label
is available upon request. The person making the residential application shall
provide a copy of the pesticide label to each resident who requests a copy, but
may first require the requester to pay reasonable copying and postage costs if
the requester is not the customer who contracted for the application.
8. A specific description of the location of
the pesticide application site. The description shall contain sufficient
information and detail so that the location of the pesticide application can be
readily determined.
(b)
A person making a residential application in any dwelling unit shall leave the
information under par. (a) with an adult resident of that dwelling unit, or
shall prominently post the information at the entrance to that dwelling unit.
(c) A person making a residential
application to any common area within a residential structure, or making a
perimeter barrier application, shall provide the information under par. (a) by
posting clearly legible notices in common entryways or other conspicuous
locations so that all residents are likely to see the notices.
Note: A person making a residential application must comply
with sub. (3) regardless of whether the application is a contract application.
For example, a landlord making a residential application to the landlord's own
rental units must provide information to tenants residing in those
units.
(4)
RESTRICTED ENTRY INTERVAL; WARNING SIGNS. If a person makes a residential
application of a pesticide whose label prescribes a restricted entry interval,
that person shall post a warning sign at each entrance to the treated area.
Each warning sign shall be at least 8 1/2 inches by 11 inches. The form and
content of each warning sign shall be identical to that shown in ch. ATCP 29
Appendix D. The person making the residential application shall post the
warning sign before the application begins, and shall not remove it until the
restricted entry interval expires.
Notes
Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection
ATCP 29.55
Cr. Register, May,
1998, No. 509, eff. 6-1-98; correction in (1) (f) made under s. 13.93(2m) (b) 7, Stats., Register, March, 1999, No. 519; CR 12-003: am. (1) (d), (2) (a), cr.
(3) (a) 8., am. (3) (c) Register May 2013 No. 689, eff. 6-1-13; correction in
(4) made under 13.92(4) (b) 7., Stats., Register May 2013 No.
689.
A person making a residential application must comply
with sub. (4) regardless of whether the application is a contract application.
For example, a landlord making a residential application to the landlord's own
rental units must post warning signs under sub. (4) if the pesticide label
prescribes a restricted entry interval. See also s.
ATCP 29.52(3) which provides that
landlords and contract applicators are individually and jointly responsible for
posting warning signs.
