As used in this article, the following terms shall have the meanings indicated:
ERADICATION
The elimination of rodents or insects and vermin from any building, lot or premises through the use of traps, baiting, fumigation or any other method of extermination approved by the Board and subject to applicable laws relating to poisonous substances and fumigants.
HARBORAGE
Any condition which provides shelter or protection for rodents, insects or other vermin.
PERSON IN CONTROL
The owner or part owner of a residential, commercial or industrial building, lot or premises unless the building is occupied by a single tenant (one dwelling unit or business enterprise), in which case the occupant will assume the title. If a multitenant building is infested in only one of the units, then the tenant of that unit shall be considered the person in control.
PEST CONTROL
The control, eradication or extermination of household or structural pests, including insects, fungus, disease, rodents or vermin, by means of fumigation or the use of insecticides, fungicides or poison baits.
PEST CONTROL OPERATOR
Any person engaged in or conducting a pest control business.
RODENTPROOFING
The treatment or shielding with material impervious to rodent gnawing of all actual or potential openings in the exterior and interior walls, ground or first floors, roofs, foundations, basements, sidewalk grating and other places that may be reached by rodents from the ground or by climbing or burrowing.
All buildings, lots or premises in the City shall be kept free from any condition conducive to rodents, insects and other vermin. The person in control shall not allow the accumulation of water, garbage, building material, brush, wood piles or any other material which may afford harborage or provide food for rodents, insects or other vermin.
No person shall feed wild birds other than in suitable properly shielded containers for the food, installed in such a manner as to be inaccessible to rodents and to prevent the scattering of feed on the ground.
No person shall place food in the open for the feeding of any domesticated fowl or animal except in a container which will prevent the scattering of the food upon the ground. Unconsumed food shall not be allowed to remain where it is accessible to rodents, insects or other vermin.
All garbage shall be wrapped. Garbage and waste material shall be placed in watertight containers with tight-fitting lids or other enclosures approved by the Board of Health and stored in such a manner as not to create an attraction or harborage for rodents, insects or other vermin.
When any building, lot or premises is subject to infestation by rodents, insects or other vermin, the person in control shall apply continuous or repeated eradication measures as required until there is no evidence of an infestation remaining.
No demolition permit shall be issued and no building shall be demolished until the Public Officer certifies to the Building Inspector that the building and premises are free from the infestation of rodents, insects or other vermin.
The Public Officer may, at his discretion, order the person in control of any inland swamp, pond, creek, lake, pool, sunken lot, quarry, abandoned excavation or any other place where stagnant water may collect, to fill in or drain the same or to employ other methods to prevent the breeding of insects and other vermin.
Whenever conditions inside, outside or under any building or buildings or on any lot or premises provide harborage for rats, the Public Officer may require all or any one or more building or premises to be rodentproofed and harborages removed.
The person in control of a building or premises required to be rodentproofed shall maintain the rodentproofing in good repair. No person shall injure the rodentproofing. When the rodentproofing is injured in the course of making alterations, installations, additions or repairs to the building, the person in control shall restore the rodentproofing in good condition.
No person shall undertake to remodel or alter any existing building or portion thereof for the purpose of rodentproofing without first submitting plans and obtaining approval from the Public Officer.[1]
[1]
Editor's Note: Former Section 1112.13, Pest control business permit required; former Section 1112.14, Annual inspection fees; and former Section 1112.15, Permit renewal fee, which previously followed this section, were repealed 11-17-2004 by Ord. No. 4599.
The following substances are declared to be poisonous, and no person shall use them as fumigants or for pest control without fulfilling the requirements provided hereinafter:
A. 
Any substance containing any cyanide compound or any compound which will release hydrocyanic acid gas or chloropicrin.
B. 
Any substance containing or which will release methyl bromide.
C. 
Any substance which is explosive.
D. 
Any substance containing thallium or a compound thereof.
E. 
Any substances which, in the opinion of the Board, constitute a hazard to life or property.
Every person or pest control operator using substances defined as poisonous in § 444-20 shall make an application for a fumigation permit to the Public Officer at least 48 hours before the time set for the fumigation or use of the materials, except as hereinafter provided.
Applications for a fumigation permit shall be made on a form to be provided by the Public Officer, stating the name of the pest control permittee; the correct address or exact location of the building to be fumigated, or the baiting, the type and amount of the poisonous substance, as herein defined, to be used; the character and structure of the building and the general measures to be taken to safeguard the public; and the date and time of fumigation or baiting and such other pertinent information as the Public Officer may deem necessary. Any changes in time of fumigation or baiting or place to be fumigated or baited may be approved in advance by the Public Officer.
The Public Officer shall not approve any application for the use of explosive fumigants or any application for change in time or place of such use until the Fire Inspector has approved the same.
Fumigation applications or permits shall not be required of persons fumigating in gas tight or atmospheric vaults when prior approval of the Public Officer for the use of such for fumigation has been obtained.
Every pest control operator, when engaged in pest control, shall use every precaution or method designed to ensure and protect the safety of the public and his employees.[1]
[1]
Editor's Note: Former Section 1112.22, Notification, which previously followed this section, was repealed 11-17-2004 by Ord. No. 4599.
When any building or structure other than an approved fumigation vault is to be fumigated with a poisonous substance, as herein defined, the pest control operator shall observe the following as minimum safety requirements:
A. 
If the building or structure is adjoined by other buildings or structures, the pest control operator shall notify, at least 12 hours in advance, the occupants of the adjoining buildings or structures and instruct the occupants in proper safety precautions.
B. 
The building or structure to be fumigated shall be placarded on all outside doors, including cellar doors and the doors to attached buildings or rooms on the same lot, whether or not such attached buildings or rooms are to be fumigated and regardless of whether or not they are communicating to the building or structure to be fumigated.
C. 
The placards shall be at least 8 1/2 inches by 11 inches and shall be plainly marked with substantially this wording: "DANGER — POISONOUS FUMIGANT BEING USED" and the name of the pest control operator.
D. 
Outside cellar doors shall be sealed with at least six layers of water-soaked papers placed over top of any other sealing material, and on the outside thereof shall be conspicuously placed a placard.
E. 
The pest control operator shall assure himself that all plumbing fixtures with traps have a good seal by water or some other liquid and fixtures not equipped with a liquid seal shall be sealed with an adequate sealing material or layers of water-soaked paper. Cellar drains, unless equipped with a liquid seal, shall be sealed as herein provided.
F. 
The pest control operator shall assure himself that the building or structure to be fumigated is properly sealed, and in addition to any measure taken for the purpose of sealing a building or structure, the following rules and regulations shall be observed:
(1) 
Ventilating systems or hot-air heaters which serve adjoining or attached buildings shall be so sealed that there can be no leakage into adjoining buildings or attached premises.
(2) 
Vermin burrows, pipe holes, incidental openings, etc. shall be sealed.
G. 
After fumigation, the pest control operator shall use the best practice in ventilation.
H. 
The pest control operator shall satisfy himself that no fumigant remains in the building before permitting the return of any occupants of the building.
I. 
The pest control operator may permit occupants of attached or adjoining buildings to return after fumigation has stopped in the fumigated building or structure, when he has satisfied himself that no fumigant remains in the building.
J. 
The pest control operator shall use, whenever possible, a generating device which is operable from outside the building. Such device shall be continuously attended while in operation.
K. 
The pest control operator when fumigating a building shall have with him appropriate safety equipment in proper condition, of which the following shall be the minimum: a gas mask, pair of rubber gloves, a set of goggles for each member of the crew and a supply of ammonium carbonate.
L. 
The pest control operator shall not enter or permit an employee to enter a building at any time after fumigation has begun without a properly adjusted gas mask in proper working condition.
M. 
The pest control operator shall place at least one watchman outside of each building or structure being fumigated during the entire fumigation and ventilation period and shall provide sufficient relief watchmen. No watchman, so placed, shall leave his post unless relieved by another watchman.
The pest control operator shall train his crew in safe methods and in artificial respiration and first aid methods.
Residues from fumigation with poisonous materials may not be disposed of except in a safe manner approved by the Public Officer, and under no circumstances shall residues be disposed of by placing in the sewer system or any cesspool or septic tank or in such manner that they may enter any septic tank, cesspool or sewer or so as to enter waters of the commonwealth.
Forty-eight hours after placing baits containing a poisonous substance, all untaken baits shall be removed.
The following requirements shall be observed for vaults for fumigation with materials declared poisonous:
A. 
Existing atmospheric or gas-tight vaults may not be used until inspected and written approval for such use given by the Public Officer.
B. 
Newly installed vaults may not be used nor may approved vaults be used following repair, reconstruction or alteration without notification to and inspection by the Public Officer and his approval obtained for such use.
C. 
Written approval of the Public Officer shall be in the form of a letter or certificate, which shall be kept conspicuously posted upon the vault.
D. 
Whenever vaults in which explosive fumigants may be used are required to be inspected and approved by the Public Officer, he is required to first obtain the approval of the Fire Inspector for such use before issuing his approval.
E. 
The Building Inspector shall not issue a permit for the construction, installation, repair or alteration of any atmospheric or gas-tight vault without first obtaining the permission of the Public Officer.
F. 
The Public Officer shall require that atmospheric or gas-tight vaults to be used for fumigation and their ventilation systems meet recognized standards of construction and be capable of operation in a manner which ensures the safety of employees and the public. If such vaults are used for explosive fumigants, the Fire Inspector shall cooperate with the Public Officer in fixing standards.
G. 
No owner or person in charge of a fumigation business in which such vaults are used for fumigation with materials declared poisonous by this chapter shall fail to satisfy themselves that persons fumigating in such vaults are trained in safe methods, or fail to supply proper safety equipment, or fail to maintain it in proper working condition, or fail to make available or to require the use of every reasonable precaution or method designed to protect the safety of employees and the public.
A. 
Whenever conditions inside or under unoccupied buildings provide extensive harborage for rats, the Public Officer is empowered, if such conditions are not corrected in a period of 60 days after written notification to the owner, to institute condemnation and demolition proceedings. The cost of such proceedings is to be borne by the owner.
B. 
When the Public Officer notifies the owner or occupants of a building in writing that there is evidence of rat infestation on the premises, the occupants shall immediately institute rat eradication measures and shall continuously maintain such measures in a satisfactory manner until the premises are declared by the Public Officer to be free of rat infestation. Unless such measures are undertaken within five days after receipt of notice, it shall be construed as a violation of the provisions of this article, and the occupant shall be held responsible therefor.