7-44-060 Notification of occupants - Vacating of premises.
When hydrocyanic gas or other dangerous gases or fumes are used for exterminating purposes, before fumigation, the operator shall personally inspect the premises and shall serve notice, over his signature, upon all responsible occupants of each room or apartment within the danger area, stating the danger of the process and the precautions to be observed, designating the rooms or apartments which must be vacated and indicating the time when the gas is to be generated or liberated. The form of this notice shall be approved by the department of health. Every room in the danger area shall be vacated. In the case of a building in which there is an inner court, vent shaft or light well or a lot line court with a party wall or in the case of two buildings having adjacent lot line courts, upon which any room being gassed opens, every room with windows or other apertures opening to such inner or lot line courts, vent shafts or light wells shall be vacated and securely locked. Where the walls of any adjoining buildings are located within ten feet of the rooms or apartments being gassed, the operator shall notify, over his signature, all responsible occupants of rooms or apartments with window openings in such walls that such windows as are directly opposite or above the area of the adjoining building which is under gas, must remain closed or the rooms vacated during the time the building gassed is being flushed or aired. All rooms or apartments ordered vacated, but not under gas, shall be well ventilated during the process by keeping the windows of the rooms or apartments open.
Provided, however, that such vacation of premises and notification of occupants shall not be necessary where the fumigation is done in special rooms or vaults in furniture stores, secondhand stores or household goods warehouses or vaults in candy and other food processing plants, when such special rooms or vaults are approved as to their location, construction and gastightness by the department of health, and a provision is made for the airing of such vaults so as to allow the escape of gases at such a location where it is not dangerous by a system of ducts and ventilation approved by the department of health.
The danger area is that portion of any structure or dwelling which lies within the boundary of the outside walls of the building under gas, the roof and the basement or cellar floor, and such cut-off or fire walls as may exist in the structure in question. Such cut-off or fire walls shall be of solid masonry, gastight, at least eight inches in thickness extending from the basement through the attic, with all openings locked and guarded against entry and effectively sealed against gas leakage.
This vacating is essential and shall be adhered to in all cases except where it is necessary to keep boilers in operation to maintain temperatures in certain rooms in plants (particularly food-processing plants). These boiler rooms may be allowed to remain in operation during the fumigation period provided they are sealed gastight from the remainder of the building, and that all doors or other openings leading from the boiler rooms to the part of the plant under gas are locked and barricaded, and further provided no one be permitted to enter the boiler rooms except in company with one of the fumigators who is to remain with him while he is in these rooms. Furthermore, such persons and the fumigators shall wear suitable gas masks while in the boiler rooms.
(Added Coun. J. 2-7-96, p. 15616; Amend Coun. J. 6-10-99, p. 23652)
