[HISTORY: Adopted by the Board of Commissioners (now the Council) of the City of Perth Amboy 4-19-44 as Ord. No. C-318. Section 238-7 amended at time of adoption of Code; see Ch. 1, General Provisions. Other amendments noted where applicable.]
No person, persons, firm, partnership or corporation shall carry out or cause to be carried out any fumigation by any dangerous or poisonous gas within the corporate limits of the City of Perth Amboy unless such person, persons, firm, partnership or corporation shall previously have obtained a permit from the Health Officer of the City of Perth Amboy.
For the purpose of this chapter, the terms used herein are defined as follows:
FUMIGANT
Includes any substance which by itself or in combination with any other substance emits or liberates a gas, fume or vapor used for the destruction or control of insects, fungi, vermin, rodents or other pests, and shall be distinguished from insecticides and disinfectants which are essentially effective in the solid or liquid phases.
PERSONS
Includes corporations and copartnerships as well as individuals.
There shall be five (5) types of certificates as follows:
A. 
Fumigant certificate.
B. 
Owner fumigant operator certificate.
C. 
Employee fumigant operator certificate.
D. 
Apprentice certificate.
E. 
Exemption certificate.
A. 
A fumigant certificate entitles the holder to engage in the business of fumigation as provided in § 238-1.
B. 
An owner fumigant operator certificate entitles the holder thereof to engage as an operator in the active work of fumigation.
C. 
An employee fumigant operator certificate entitles the holder to engage as an operator in the active work of fumigation.
D. 
An apprentice certificate entitles the holder to work only with and under the constant supervision of the holder of either an owner fumigant operator certificate or employee fumigant operator certificate. Such apprentice certificate shall expire six (6) months after date of issuance unless renewed or employment is sooner terminated or the certificate is otherwise revoked by the Division of Health.
E. 
An exemption certificate entitles the holder to use fumigants on its own premises in connection with its own goods, wares and merchandise contained therein; provided, however, that such fumigation shall be carried out only by the holder of an employee fumigant operator certificate.
No person holding an employee fumigant operator certificate shall engage in the occupation of fumigation except in the course of employment on behalf of a holder of a fumigant certificate or exemption certificate.
A. 
The Health Officer of the City of Perth Amboy is authorized to make all rules and regulations concerning the conduct and procedure to be followed in fumigation, and the said rules and regulations shall be a part of this chapter the same as if they were incorporated herein, and any violations of the said rules and regulations shall be punished according to the manner specified in this chapter.
B. 
When in the opinion of the Health Officer a fumigation can be carried out safely, he shall issue permits for each specific job to the holders of the proper certificates.
The person, persons, firm, partnership or corporation violating the provisions of this chapter shall, upon conviction thereof, be liable to a penalty of not more than five hundred dollars ($500) or not more than ninety (90) days in jail, for each and every offense.
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Editor's Note: Amended at time of adoption of Code: see Ch. 1, General Provisions.
This chapter shall not apply to fumigations in greenhouses, mushroom houses or to horticultural or farm fumigation or to fumigations performed in connection with the official duties of officers or employees of the United States Public Health Service or employees of the United States Bureau of Biological Survey, as well as employees of the Department of Health of the State of New Jersey and employees of the local Division of Health.