DEPARTMENT OF AGRICULTURE
Plant Industry Division
RULES AND REGULATIONS PERTAINING TO THE ADMINISTRATION AND ENFORCEMENT OF THE PESTICIDE APPLICATORS’ ACT
8 CCR 1203-2
Part 1.	Construction of Terms, Definitions and Incorporations by Reference.
1.01.	As used in these Rules, the singular includes the plural, the masculine gender includes the feminine and neuter, and vice versa. All terms used in these Rules shall have the meaning set forth for such terms in the Act.
1.02.	As used in these Rules, unless the context otherwise requires:
(a)	“abut” means to join; to be contiguous, as where no other land, road, or street intervenes; “abut” includes two property sites that would otherwise be considered abutting, but for the fact that such sites are separated by an alley. As used herein, “alley” means a passage way within a block set apart for public use, vehicular travel, and local convenience to provide a secondary means of access to the rear or side of abutting lots or buildings.
(b)	“category” shall include any sub-category thereof.
(c)          “contiguous dwelling unit” means a dwelling unit that is contiguous with another dwelling unit, both of which units are owned, managed, leased, or subleased by the same landlord.
(d)          “dwelling unit” means a structure or the part of a structure that is used as a home, residence, or sleeping place by a tenant. 
(c)(e)	“engaged in the business of applying pesticides for hire” means: the evaluation of pest problems; the recommendation of pest controls and evaluation of results; the mixing, loading or application of pesticides; and/or the soliciting, advertising, offering or contracting to do any of the above, in return for money or anything of value, including goods or services. Notwithstanding anything to the contrary in the foregoing, the rendering of consultation services by an individual in evaluating pest problems, recommending pest controls and/or evaluating results, shall not be deemed to constitute the application of pesticides for hire, if said individual is not affiliated with, or soliciting business for, any person or business entity which performs the mixing, loading or application of pesticides.
(d)(f)	“in the possession of” means in the physical possession of the applicator or in a location at the site of the application, such as a service vehicle, that is readily accessible to the applicator.
(e)(g)	“fumigant” means any substance which by itself or in combination with other substances emits or liberates a gas or gases, fumes or vapors, and which gas or gases, fumes or vapors when liberated and used will destroy vermin, rodents, insects, and other pests, but are usually lethal, poisonous, noxious, or dangerous to human life.
(h) 	“landlord” means the owner, manager, lessor, or sublessor of a residential premises. 
(f)(i)	“pasture” means land which is managed primarily for the production of forage for domestic livestock. Pasture typically receives intensive renovation and/or cultural treatments, such as tillage, fertilization, mowing, irrigation and weed control.
(g)(j)	“proof of medical justification” means a statement signed by a physician licensed to practice medicine in Colorado pursuant to Article 36 of title 12, C.R.S. which states
I certify that the individual named above is a patient of mine and should be placed on the list of pesticide sensitive individuals. This individual has a documented sensitivity to certain pesticides and should not be exposed to them because of the reason(s) described below:
(h)(k)	“property damage” includes, but is not limited to, injury to domestic animals, livestock and economically important insects.
(i)(l)	“ready to use pesticide” means, any pesticide that requires no mixing or loading of a pesticide into a service container or other application device; such as but not limited to: aerosols and pre-mixed formulations in the original container. 
(j)(m)	“structure” means any building, regardless of its design or the type of material used in its construction, whether public or private, vacant or occupied, the foundation thereof, and the adjacent outside areas, and shall also include but shall not be limited to warehouses, trucks, boxcars, boats, airplanes, other vehicles, or the contents thereof, and fumigation vaults.
(n) 	“tenant” means a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others.
(k)(o)	“use” means any and all aspects of the handling of pesticides from the time a pesticide container is opened until disposal of the pesticide container, including without limitation, the mixing, loading, application, spill control, and disposal of a pesticide or its container.
(l)(p)	“to use any pesticide in a manner inconsistent with labeling directions or requirements” includes, but is not limited to, for termiticides only, the use of a termiticide at any concentration less than that stated on the labeling.
(m)(q)	“agricultural commodity” means any plant, or part thereof, or animal, or animal product, produced by a person (including farmers, ranchers, vineyardists, plant propagators, Christmas tree growers, aquaculturists, floriculturists, orchardists, foresters, or other comparable persons) primarily for sale, consumption, propagation, or other use by man or animals.
(n)(r)	“device” means any device for which licensure as a commercial applicator is required pursuant to § 35-10-118(9.5). C.R.S. For purposes of these Rules, use of a pesticide includes the use of any such device by a commercial applicator.
1.03.	Material incorporated by reference does not include any later amendments or editions of the incorporated material. Copies of material incorporated by reference in these Rules is available for public inspection during regular business hours. This incorporated material may be obtained at a reasonable charge or examined by contacting the Pesticide Section Chief, Department of Agriculture, 305 Interlocken Parkway, Broomfield, CO 80021. Further, the incorporated material may be examined at no cost on the Internet at:
14 CFR Part 137 (2017): https://www.ecfr.gov/cgi-bin/text-idx?SID=78202a2b282637d0353bef1963d3eb97&mc=true&node=pt14.3.137&rgn=div5
7 CFR Part 110 (2017): https://www.ecfr.gov/cgi-bin/text-idx?SID=341d0f40e8a82f23d37560d37f1d3795&mc=true&node=pt7.3.110&rgn=div5
40 CFR § 156.10(h) (2017): https://www.ecfr.gov/cgi-bin/text-idx?SID=0bf63629a0295f907ad146fa19191798&mc=true&node=se40.26.156_110&rgn=div8
29 CFR § 1910.1200 (2017): https://www.ecfr.gov/cgi-bin/text-idx?SID=86491cb903d67e9bba95d83941202d06&mc=true&node=se29.6.1910_11200&rgn=div8
40 C.F.R., PART 172 (2017): HTTPS://WWW.ECFR.GOV/CGI-BIN/TEXTIDX?SID=6AC65677C44BBA253A0D63B16ED45E72&MC=TRUE&NODE=PT40.26.172&RGN=DIV5
40 C.F.R., PART 180 (2017: HTTPS://WWW.ECFR.GOV/CGI-BIN/TEXTIDX?SID=0EEE3CBC0A72651B5B0BF97FD64ABD54&MC=TRUE&NODE=PT40.26.180&RGN=DIV5
40 C.F.R., 152.25 (2017): HTTPS://WWW.ECFR.GOV/CGI-BIN/TEXTIDX?SID=0EEE3CBC0A72651B5B0BF97FD64ABD54&MC=TRUE&NODE=PT40.26.152&RGN=DIV5 #SE40.26.152_125
Part 10.	Structural Applicators.
10.01.	The structural pest control classification includes the following categories.
(a)	Category 301: Wood Destroying Organism Pest Control: the application of pesticides to control termites, carpenter ants, powder post beetles, fungi, and/or other wood destroying organisms in structures and/or adjacent outside areas.
(b)	Category 302: Outdoor Vertebrate Pest Control: the application of pesticides intended for preventing, destroying, repelling or mitigating any reptile, bird, feral dogs and cats, moles, voles, bats, wild carnivores, rabbits, skunks, amphibian pests not in water and any other vertebrate pest, except rats and mice.
(c)	Category 303: Fumigation: the application of a fumigant to one or more rooms in a structure or to the entire structure at a desired concentration and for a length of time necessary for the control of rodents and/or insect pests, including the application of a fumigant to a localized space or harborage within a structure for local insect and/or rodent control.
(d)	Category 304: Residential/Commercial Pest Control: the application of pesticides or bait stations intended for use for preventing, destroying, repelling or mitigating structural pests, including without limitation insects and rodents. However, this category does not include the application of fumigants or actions taken to control wood destroying organisms, outdoor vertebrates, or grain storage pests.
(e)	Category 305: Stored Commodities Treatment: the application of pesticides for the treatment of pests in raw grain stored in facilities which are not used for animal or human habitation; the application of plant growth regulators to agricultural commodities stored in facilities which are not used for animal or human habitation; and the application of pesticides to commodity processing equipment or commodity storage facilities (not including offices or other structures). This category does not cover applications made to control pests in potato storage facilities covered by category 308.
(f)	Category 306: Wood Preservation and Wood Products Treatment: the application of pesticides to prevent, destroy, repel or mitigate pests in wood or wood products which are, or are capable of being, incorporated into a structure, not including downed timber prior to bark removal or sawing.
(g)	Category 307: Interior Plant Pest Control: the application of pesticides to house plants and other indoor ornamental plants kept or located within structures occupied by humans, including, but not limited to houses, apartments, offices, shopping malls, other places of business and other dwelling places, to control invertebrate pests that adversely affect such plants, including insects, mites, slugs, snails and nematodes; and to control plant diseases.
(h)	Category 308: Post-Harvest Potato Pest Control: the application of pesticides for the treatment of pests in raw potatoes stored in facilities which are not used for animal or human habitation; the application of plant growth regulators to potatoes stored in facilities which are not used for animal or human habitation; and the application of pesticides to potato processing equipment or potato storage facilities (not including offices or other structures).
(1)	Applicators holding a valid Category 305, Stored Commodities Treatment, as of January 1, 2016, will be awarded the category 308 license with no further examination. The category 308 licensure category will be valid until the expiration date of the applicator’s current license. If the applicator’s license expires prior to January 1, 2017, license category 308 will also be awarded when such license is renewed, so long as all category 305 continuing education credit requirements have been met prior to the expiration of the license.
(2)	On or after January 1, 2016, any applicator wishing to obtain the Category 308 category must take and pass the Stored Potato Treatment category examination and pay any necessary fees.
(3)	Applicators wishing to renew the category 308 license after December 31, 2016, will need to obtain one (1) continuing education category credit in the Post-Harvest Potato Pest Control category prior to the expiration of their current license.
10.02.	An applicant for licensing as a qualified supervisor in the structural pest control categories of wood destroying organisms, residential/commercial pest control, and fumigation must have the following field experience or equivalents. Such field experience must have been obtained during the five years immediately preceding the date of the applicant's application for licensing. Experience using pesticides gained while the applicant was maintaining his own home, or performing janitorial or maintenance duties for another in a residential, industrial or commercial location will not satisfy experience requirements imposed by these regulations.
(a)	Said applicant must have obtained at least twenty-four months field experience in structural pest control. In addition, an applicant for licensing as a qualified supervisor in the structural pest control category of wood destroying organisms must have obtained, within the two years immediately preceding the date of the applicant's application for licensing, at least 100 hours of verifiable field experience in termite control. A minimum of 30 of said 100 hours must consist of verifiable “hands-on” field experience covering drill and inject and other post-treat methods and applications. Any or all of the 100 hours may be obtained in courses approved by the Commissioner.
(b)	If said applicant has earned college or university credit in structural pest control or related fields, such credit may be combined with field experience in related categories of structural pest control in order to qualify for licensing as a qualified supervisor, as follows:
(1)	Four years college credit and four months field experience; or
(2)	Three years college credit and nine months field experience; or
(3)	Two years college credit and fourteen months field experience; or
(4)	One year college credit and nineteen months field experience.
10.03.	An applicant for licensing as a qualified supervisor in the structural pest control categories of outdoor vertebrates, wood preservation and wood products treatment, stored commodities treatment, Post-Harvest Potato Pest Control, or interior plant pest control must have the following field experience or equivalents. Such field experience must have been obtained within the five years immediately preceding the date of the applicant's application for licensing:
(a)	Said applicant must have obtained at least eight months field experience in the related categories of structural pest control.
(b)	If said applicant has earned college or university credit in the related categories of structural pest control, such credit may be combined with field experience in related categories of structural pest control in order to qualify for licensing as a qualified supervisor, as follows:
(1)	Two years college credit and two months field experience; or
(2)	One year college credit and five months field experience.
10.04.	At the time of a pesticide application, a commercial applicator licensed in any structural pest control category shall leave for each customer, a printed or legibly written notice stating the name of each pesticide applied, the date applied, and such precautionary statements from the label of the pesticide or device as are necessary or appropriate to avoid endangering human or animal health, or to avoid creating an unreasonable risk of damage to property.
10.05.	In the event that the customer is not the occupant, at the time of a pesticide application a commercial applicator licensed in any structural pest control category shall leave for the occupant, a printed or legibly written notice stating the name of each pesticide applied, the date applied, and such precautionary statements from the label of the pesticide or device as are necessary or appropriate to avoid endangering human or animal health, or to avoid creating an unreasonable risk of damage to property.
10.06.	Notices in Rule 10.04 and 10.05 may be provided electronically when the following conditions have been met.
(a)	Commercial applicators must obtain a written request from the customer or the occupant, as required, confirming their request to obtain any notice required by this Rule electronically.
(b)	A commercial applicator must maintain a record of the written request(s) for electronic notices from each customer or occupant.
(c)	A commercial applicator that does not have a record of the written request(s) for electronic notices on file at the time of an application must provide a written notice as outlined in Rules 10.04 and 10.05.
10.07	When making pesticide applications within a multiunit dwelling site and the owner of the site or agent of the owner of the site is not present at the site, a commercial applicator must post a written notice at the primary entrance(s) to interior common area(s) that has been treated. The notice shall state the name of each pesticide applied, the date applied, and such precautionary statements from the label of the pesticide or device as are necessary or appropriate to avoid endangering human or animal health, or to avoid creating an unreasonable risk of damage to property. Electronic notices may not be used to meet this requirement.
10.08.	Bed Bug Reporting Requirements in accordance with C.R.S. 38-12-1003 and 1004: 
(a)	A commercial applicator, qualified supervisor, or certified operator inspecting a tenant’s dwelling unit or any dwelling unit contiguous to a tenant’s dwelling unit in single-family or multi-unit dwellings, in accordance with C.R.S. 38-12-1003, must provide a report of all bed bug activity that the commercial applicator, qualified supervisor, or certified operator identifies within the dwelling or any contiguous dwelling unit at the time of inspection, to the landlord within twenty-four hours of the inspection.   Including: 
(1)	Units affected by bed bug activity; and
(2)	Remediation recommendations. 
(b)	A commercial applicator , qualified supervisor, or certified operator inspecting a tenant’s dwelling unit or any dwelling unit contiguous to a tenant’s dwelling unit in single-family or multi-unit dwellings, in accordance with C.R.S. 38-12-1004, shall advise the tenant that any furniture, clothing, equipment, or personal property identified as having bed bug activity should not be removed from the dwelling unit until a pest control agent retained by the landlord determines that any bed bug treatment determined to be necessary has been completed.
(c)	A commercial applicator, qualified supervisor, or certified operator providing any report in accordance with C.R.S. 38-12-1003 shall retain a copy of any such report required in Section 10.08 (a) for three years. 
18.20.	Adopted November 135, 2019 – Effective December 30, 2019
Statutory Authority
These amendments to these rules are proposed for adoption by the Commissioner of the Colorado Department of Agriculture (“CDA”) pursuant to her authority under the Pesticide Applicators’ Act (“Act”), specifically §§ 35-10-118(2)(b). 
Purpose
The purpose of these proposed amendments is to:
 Amend Part 1 and Part 10 of the Rules Pertaining to the Administration and Enforcement of the Pesticide Applicators’ Act (the “Rule”) to address new landlord and tenant bed bug reporting requirements created by House Bill 19-1328. 
Factual and Policy Issues
The factual and policy issues encountered when developing these rules include: 
1.	Pursuant to section 35-10-118(2)(b), C.R.S., the commissioner is authorized to adopt all reasonable rules for the administration and enforcement of this article, including, but not limited to: the establishment of qualifications for any applicant and standards of practice for any of the licenses authorized under this article. 
2.	During the 2019 legislative session, the Colorado General Assembly adopted HB 19-1328, effective January 1, 2020.  HB 19-1328 amended Title 38, Article 12, Tenants and Landlords, concerning bed bugs in residential premises and established a requirement for commercial pesticide applicators to notify landlords and tenants of bed bug activity and provide remediation instructions. 
3.	Notification provisions created in HB 19-1328 expressly state that notification and reporting will be in accordance with rules established by the commissioner pursuant to Title 35, Article 10.  
4.	Part 1, Definitions; of the Rules associated with the Act is amended to add definitions established in HB 19-1328 to include “Contiguous Dwelling Unit,” “Dwelling Unit,” “Landlord,” and “Tenant” to ensure clarity in the new rules established in Part 10. 
5.	Part 10, Structural Applicators; of the Rules associated with the Act is amended to add new Parts 10.08(a) and (b) to establish what bed bug activity must be reported to the landlord and what remediation recommendations must be provided to the tenant.  
6.	A new Part 10.08(c) is created to require that the structural applicator who makes the report to a landlord retain a record of the report for three years.