[HISTORY: Adopted by the Council of the City of New Rochelle 12-11-1972
as Section 20-15 of Ord. No. 329-1972; amended in its entirety at time of
adoption of Code; see Ch. 1, General Provisions. Subsequent amendments noted
where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 147.
No person shall use in any building or other enclosed space in the City
a fumigant or a liquid, solid or powdered insecticide or rodenticide for the
destruction or control of insects, vermin, rodents or other pests or engage
in the business of such fumigation or extermination in the City without a
permit issued therefor by the Westchester County Department of Environmental
Conservation. The provisions, however, shall not apply to an individual using
liquid, solid or powdered insecticides or rodenticides, fumigants excepted,
in his own home, dwelling or place of business, except that, if the place
of business is one where food is stored, prepared, served or held or kept
for sale, no poisonous liquid, solid or powdered insecticides or rodenticides
may be used by anyone other than a person holding an exterminating or fumigating
permit.
All substances used in powdered form, as in insecticides, must be distinctly
colored to yield a contrasting color to white or shall conform to such federal
regulations as shall be in effect.
Every person, as defined herein, holding a fumigator permit, before
performing fumigation in any building or other enclosed space, shall notify
the Fire Commissioner and the Chief of the Police Department within 24 hours
prior to the beginning of the fumigation, giving the location of the building
or enclosed space to be fumigated as well as its character and use, the date
and time when the fumigation will be performed and the approximate time of
completion.
No building or enclosed space shall be occupied by human beings during
the period of fumigation. It shall be the duty of the fumigator to make or
cause to be made a careful examination of all parts of such building or enclosed
space in order to verify that no human beings have remained therein and that
all necessary precautions have been taken to safeguard the lives and health
of all persons occupying buildings adjoining that in which the fumigation
is to be performed.
A.
There shall be two or more men on every fumigation, one
of whom must be a competent and experienced fumigator. These men must be present
at the time of releasing the fumigant and during initial ventilation. During
the interim, the premises shall be adequately safeguarded against entry by
any human being.
B.
Any building or other enclosed space to be fumigated
shall be sealed in such manner as to confine the fumigant to the space intended
to be fumigated.
C.
Warning signs shall be posted at all entrances. These
signs shall be not less in size than 10 inches to 12 inches, printed in red
or contrasting colors, displaying skull and crossbones, the words "danger"
and "poison gas" in two-inch block type, the type of fumigant and the name,
address and telephone number of the holder of the fumigator permit.
D.
All members of the fumigating crew must be equipped with
serviceable masks of a type approved by the United States Bureau of Mines,
with the correct canister for the type of gas used, and shall wear such mask
while in the enclosed space during and after liberation of the gas, until
ventilation is completed.
E.
Prior to releasing the fumigant, all accessible doors
and windows and other means of ingress shall be locked, secured or barricaded,
and such safety appliances as may be necessary shall be employed. When fumigating
dwellings or buildings, it is required to use safety locks to cover existing
locks and keyholes so that the original door locks and keys cannot be used
to gain entrance.
F.
No person shall be permitted to reenter the fumigated
premises until the fumigator shall have ascertained by personal inspection
without a gas mask that the building is safe for occupancy.
The fumigator and/or exterminator shall keep on hand a supply of antidotes
appropriate to the type of fumigant, insecticide or rodenticide used.
All special rooms, vaults or tanks used for fumigating articles shall
be approved by the Fire Commissioner as to construction, location and ventilation.
They shall be kept in proper operating condition at all times.
These regulations shall not apply to the use of fumigants in greenhouses.
Every person holding an exterminator and/or fumigator permit shall notify
the Fire Commissioner 24 hours or more prior to beginning any extermination
operation with rodenticide sodium fluoroacetate, giving the address and nature
of use of the premises where such extermination is to be performed, the date
and time of the proposed extermination, the amount of sodium fluoroacetate
to be used and the proposed method of use.
An offense against the provisions of this chapter shall be punishable
by a fine of not more than $250 or by imprisonment for not more than 15 days,
or both.
