Sec 32-2311.01. Political subdivisions; exemptions; definition

A. A political subdivision that uses pesticides to conduct pest management on property that is owned, leased or managed by the political subdivision, including easements:

1. Is not required to be licensed under section 32-2313.

2. Must provide the department with the name and telephone number of the primary contact person or persons responsible for responding to department inquiries or concerns regarding compliance with this chapter. The primary contact person or persons at a minimum shall demonstrate to the department:

(a) Where the records are retained.

(b) Where the personal protective equipment is located.

(c) Where the pesticides are stored.

(d) That all applicators are properly certified.

B. A school district is exempt from subsection A, paragraph 2 of this section, but shall have a qualifying party who is registered in the appropriate categories.

C. An employee of a political subdivision who provides pest management services must be a certified applicator except as provided by subsection D of this section.

D. The following individuals are exempt from the certification requirements of this chapter:

1. An employee of a political subdivision who applied pesticides for the political subdivision no more than ninety calendar days before certification. This exemption does not apply to an employee who applies pesticides at a school or child care facility.

2. An employee of a political subdivision or designated agent while performing emergency response or rescue services.

3. A volunteer of a political subdivision while applying herbicides for the purpose of the eradication and control of noxious weeds as defined in section 3-201 and who is under the immediate supervision of a certified applicator. This exemption does not apply to a volunteer of a political subdivision who:

(a) Applies herbicides at a school or child care facility.

(b) Uses herbicides that are labeled with the words "restricted use" or "danger".

(c) Uses sterilants.

(d) Uses application equipment that holds more than four gallons of total mixed liquid herbicide.

(e) Has not completed an herbicide application training program conducted by the political subdivision and approved by the office.

E. For the purposes of this section, "volunteer" means a person who works without compensation other than reimbursement of actual expenses incurred or disbursement of meals or other incidental benefits.