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15.05.01.15

.15 Posting of Sign.

A. A licensee or permittee applying a pesticide to a lawn or to exterior landscape plants shall post, at the time of application, a sign which conforms to the requirements of this regulation. This regulation applies only to a licensee or permittee in pest control category III—ornamental or turf, as described in Regulation .08 A(3) of this chapter.

B. The licensee or permittee who is required to post a sign under this regulation shall model it after that shown in Figure A and shall see that it meets the requirements described in §B(1)—(8) of this regulation:

(1) Size—4 inches in height × 5 inches in width.

(2) Composition—made of a sturdy, weather resistant material.

(3) Type—rigid, as opposed to a flag.

(4) Color—yellow background with black, bold-faced lettering.

(5) Information contained on front of sign—the same words and symbols in the specified sizes as shown in Figure A.

(6) Information contained on the back of the sign shall:

(a) Indicate the following:

(i) Date applied;

(ii) Name of licensee/permittee;

(iii) Telephone number of licensee/permittee;

(b) Be at least 18 point type (5/32 inch) in size; and

(c) Be either stamped or hand printed on the sign, printed on a stick-on label and placed on the sign, or printed on the sign.

(7) Stake—flexible, preferably not wire.

(8) Posting height—the bottom of the sign shall be at least 12 inches but not more than 16 inches above the surface of the soil.

C. For cemeteries, golf courses, parks, and similar sites, the Department may permit the licensee or permittee, before posting the sign, to vary the sign characteristics required by §B of this regulation.

D. The licensee or permittee shall place the sign required by this regulation at one of the following locations:

(1) At each primary access to the property treated, with the front of the sign facing the access;

(2) If only a spot pesticide application is made, or only a small area of a large area receives a pesticide application, a sign may be posted at the location where the pesticide application was made, with the front of the sign facing the probable path of access to the area; or

(3) For cemeteries, golf courses, parks, and similar sites, a sign shall be placed as described either in §D(1) or (2) of this regulation, or in a location approved by the Department.

E. The sign shall remain in place for 48 hours following the pesticide application, after which time the customer is responsible for removal of the sign.

F. A person may not remove, alter, or deface the sign or agree to conspire with another to remove, alter, or deface the sign within 48 hours of its posting.

G. The customer or licensee may not be held liable for any penalty for sign removal under this chapter if the sign is removed by another person or cause over which the customer or licensee has no control.

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