Section 128.41. Requirements for certification

(a) A person is deemed to be a commercial or public applicator and required to be certified if one or more of the following criteria are met:

(1) A person who applies or supervises the application of a pesticide on an easement or on the property or premises of another (other than his employer). This includes the use of a pesticide exempted from Federal registration under § 128.91 (relating to EPA approval required).

(2) A person who applies or supervises the use of a restricted use pesticide on property owned by him or his employer when not applied for the purpose of producing an agricultural product.

(3) A person who applies or supervises the application of a pesticide to the following locations or who is involved in the following types of application:

(i) Fumigation—Includes a person who uses fumigants except a person who meets the definition of a private applicator.

(ii) Golf courses—Includes a person who uses pesticides in the establishment and maintenance of a golf course.

(iii) Public and private parks—Includes a person who uses a pesticide in a recreational or campground area of a public or private park.

(iv) Educational and research institutions—Includes a person employed by a public or private educational and research facility that uses pesticides in its educational or research programs.

(v) Playgrounds and athletic fields—Includes a person who applies a pesticide to a public playground or an athletic field.

(vi) Apartment dwellings—Includes an owner of an apartment building or an employee of an owner who applies a pesticide other than a disinfectant to an apartment structure of four or more units. Commercial certification is not required if the owner or employee resides in the apartment structure and applies general use pesticides to the unit in which he resides.

(vii) Schools—Includes a person who uses a pesticide on school property, except for the use of disinfectants and sanitizers within the school building.

(viii) Swimming pools—Includes a person who uses a pesticide in the care and maintenance of swimming pools or water recreation facilities associated with a public or private park, excluding lakes, ponds, rivers or streams.

(b) The following are exceptions to subsection (a)(3)(viii):

(1) Disinfectants and sanitizers not used for water treatment.

(2) The use of general use pesticides in the care and maintenance of a swimming pool at a private single-family residence.

(3) The use of a general use pesticide by an owner or employee in the care or maintenance of a swimming pool used solely as a therapeutic swimming pool.

The provisions of this § 128.41 amended December 22, 1995, effective December 23, 1995, 25 Pa.B. 5945; amended December 10, 2010, effective December 11, 2010, 40 Pa.B. 7044. Immediately preceding text appears at serial pages (305260) and (206529).

Notation

Authority

The provisions of this § 128.41 amended under section 7(b)(2) of the Pennsylvania Pesticide Control Act of 1973 (3 P. S. § 111.27(b)(2)).

Cross References

This section cited in 7 Pa. Code § 128.44 (relating to eligibility).