District of Columbia Administrative Code

208 PLANTWIDE APPLICABILITY LIMIT (PAL) PERMITS FOR MAJOR SOURCES 208.1 The Department may approve the use of a Plantwide Applicability Limit (PAL) for any existing major stationary source if the PAL meets the requirements in this section. 208.2 The Department shall not approve t…

209 PERMIT REQUIREMENTS FOR NON-MAJOR STATIONARY SOURCES (MINOR NEW SOURCE REVIEW) 209.1 Effective January 1, 2014, except as specified in § 209.2, the requirements of this section are applicable to any source required to obtain a permit under § 200 to construct a new stationary …

210 NOTICE AND COMMENT PRIOR TO PERMIT ISSUANCE 210.1 Before issuing a permit under this chapter, the Department shall prepare a draft permit and provide adequate notice to ensure that the affected community and the general public have reasonable access to the application and dra…

211 FEES 211.1 Except as noted under § 211.4, owners or operators of sources required to obtain or renew a permit under this chapter for the construction, modification, or operation of a stationary source, or the installation, modification or operation of any air pollution contro…

299 DEFINITIONS AND ABBREVIATIONS 299.1 The meanings ascribed to the definitions and abbreviations appearing in § 199.1 and 199.2 of this title shall apply to any terms in this chapter not defined below. However, the following definitions shall apply to the terms as used in this …

2100 PURPOSE AND GENERAL PROVISIONS 2100.1 The purpose of this chapter is to regulate tobacco sales and smoking, as required by the District of Columbia Smoking Restriction Act of 1979, as amended, and the Department of Health Functions Clarification Act of 2001, as amended, (the…

2101 PLACE OF EMPLOYMENT AND PUBLIC PLACE SMOKING POLICY 2101.1 Each place of employment and public place shall adopt a smoking policy that is consistent with the requirements of the Acts and this chapter. 2101.2 An employer shall notify each employee, both orally and in writing,…

2102 VENTILATION OF SMOKING AREA IN THE WORKPLACE 2102.1 For the purpose of applying the Acts to designated smoking areas permitted because the employer is exempt under D.C. Official Code § 7-743 or has obtained an economic hardship waiver under D.C. Official Code § 7-745, all bu…

2103 POSTING OF SIGNS IN PLACES OF EMPLOYMENT AND PUBLIC PLACES 2103.1 The requirements of this section shall supplement the requirements for the posting of warning signs pursuant to DCMR Title 12D, Fire Prevention Code Supplement, and the BOCA National Fire Prevention Code. 2103…

2104 PLACES LICENSED TO SELL TOBACCO PRODUCTS 2104.1 It shall be unlawful for any person to sell, give, or furnish any tobacco products to any person younger than eighteen (18) years of age. 2104.2 Any person who sells any cigarette or other tobacco product who has reasonable cau…

2105 EXEMPTIONS 2105.1 The following places shall be exempt from § 2101.5: (a) A retail store that has as its primary source of revenue the sale of tobacco products and smoking accessories, provided that: (1) No more than twenty-five percent (25%) of the revenue the store generat…

2106 ECONOMIC HARDSHIP WAIVER 2106.1 The Director may, after May 1, 2007, grant a place of employment or a public place an economic hardship waiver from the requirements of this chapter provided that: (a) The place of employment or public place was in existence on or before Janua…

2107 DISTRIBUTION OF FREE CIGARETTES 2107.1 No person, agent, or employee of any person shall, in the course of doing business, distribute any free cigarettes or other tobacco products to any person on any public street, public sidewalk, public park, playground, in a public build…

2108 PENALTIES AND FINES 2108.1 Any person who fails to comply with any of the applicable provisions of this chapter shall, upon conviction, be punished as follows: (a) Any person smoking in a posted "NO SMOKING" area, disfiguring or removing a “NO SMOKING” sign, or failing to po…

2199 DEFINITIONS Acts - D.C. Law 3-22, the District of Columbia Smoking Restriction Act of 1979 (D.C. Official Code § 7-1701 et seq.) and D.C. Law 16-90, the Department of Health Functions Clarification Amendment Act of 2006 (D.C. Official Code § 7-741 et seq.). Bar area of a res…

GENERAL PROVISIONS 2200.1 The purpose of the Pesticide Operation Regulations, Chapters 22 through 25 of this title, is to conform the laws of the District of Columbia with the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), effective April 26, 2010, as amended (7 U.S…

2201 GENERAL REQUIREMENTS FOR PESTICIDES 2201.1 Pesticides shall be used in strict accordance with the manufacturer’s labeling directions, and in compliance with District and federal laws and regulations. 2201.2 A pesticide operator shall maintain pesticide equipment or applicati…

2202 PESTICIDE REGISTRATION 2202.1 Except as provided in § 2202.2, any pesticide used, manufactured, distributed, sold, shipped, or applied in the District, shall be registered with the Department, including, but not limited to, the following: (a) Pesticides that are registered w…

2203 PROCEDURES FOR PESTICIDE REGISTRATION 2203.1 An applicant for registration of a pesticide in the District shall file with the Department, on a form prescribed by the Department, a statement that includes the following information: (a) The name and address of the applicant an…

2204 DENIAL, SUSPENSION, AND REVOCATION OF PESTICIDE REGISTRATION 2204.1 If the Department determines that a pesticide registered under the Department’s authority does not warrant the proposed claims for it, or if the pesticide and its labeling and other supporting material do no…

2205 CLASSIFICATION OF PESTICIDES 2205.1 For the purposes of classifying pesticides as District restricted-use or non-essential in this section, the term “pesticide” means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate any pest, and any su…

2206 DISTRICT RESTRICTED-USE PESTICIDES 2206.1 The following pesticides are classified by the Department as District restricted-use: (a) Products classified by the United States Environmental Protection Agency (EPA) as restricted-use pesticides under Section 3(d) of the Federal I…

2207 NON-ESSENTIAL PESTICIDES 2207.1 The following pesticides are classified by the Department as non-essential: (a) [RESERVED]. SOURCE: Section 18 of the Pesticide Operations Act of 1977, effective April 18, 1978 (D.C. Law 2-70; 24 DCR 6867 (February 17, 1978)); as amended by Fi…

2208 PROHIBITED AND RESTRICTED USES 2208.1 No person shall apply District restricted-use pesticides to schools, child-occupied facilities, waterbody-contingent property, or District property, except as provided in § 2209. 2208.2 No person shall apply non-essential pesticides to s…

2209 PROHIBITED AND RESTRICTED USES: EXEMPTIONS 2209.1 The provisions of § 2208 shall not apply to the use of a pesticide for the purpose of improving or maintaining water quality at: (a) Drinking water treatment plants; (b) Wastewater treatment plants; (c) Reservoirs and swimmin…

2210 REDUCED-RISK PESTICIDES AND METHODS OF PEST CONTROL 2210.1 For the purposes of customer notification required by § 2211, the following pesticides are identified by the Department as reduced-risk: (a) Products classified by the United States Environmental Protection Agency (E…

2211 NOTIFICATION 2211.1 When a customer enters into a contract for pesticide application services with a pesticide operator, the pesticide operator shall provide the customer with the following written information prior to applying treatment: (a) The name of the pesticide operat…

2212 POSTING 2212.1 Any person applying pesticides to a lawn or to exterior landscape plants shall post a sign which meets the following requirements: (a) The information on the front of the sign shall include the same words and symbols in the sizes specified in Figure A shown in…

2213 STORAGE, DISPOSAL, AND TRANSPORTATION OF PESTICIDES 2213.1 Any person required to obtain a license or certification under the Pesticide Operations Act of 1977, effective April 18, 1978, as amended (D.C. Law 2-70; D.C. Official Code §§ 8-401 et seq.), shall ensure that the pe…

2214 MISBRANDED PESTICIDES AND DEVICES 2214.1 It shall be unlawful for any person to distribute any pesticide or device that is misbranded. 2214.2 A pesticide is misbranded if its labeling and packaging fail to comply with the provisions of this section. 2214.3 No pesticide label…

PRIVATE 2215 INTEGRATED PEST MANAGEMENT 2215.1 A District agency shall utilize an IPM program to reduce application of pesticides applied by District employees or contractors to public rights-of-way, parks, District-occupied buildings, and other District property to ensure that: …

2216 PEST CONTROL BY FUMIGATION 2216.1 The following regulations shall apply to fumigation operations performed by any person required to obtain an applicator certification and license or to be registered as a registered technician as required by the Pesticide Operations Act of 1…

2217 PEST CONTROL BY HEAT TREATMENT 2217.1 No person shall perform pest control by heat treatment unless the person is a licensed and certified pesticide operator, in accordance with the Pesticide Operation Regulations, Chapters 22 through 25 of this title. 2217.2 A person perfor…

2218 CANINE PEST DETECTION 2218.1 No person shall use a canine scent pest detection team to detect any pest for compensation, unless: (a) The person is a licensed and certified pesticide operator, in accordance with the Pesticide Operation Regulations, Chapters 22 through 25 of t…

2219 UNLAWFUL ACTS 2219.1 Pursuant to the provisions in § 2500, the Department may pursue an enforcement action against any person who violates the Pesticide Operation Regulations, Chapters 22 through 25 of this title, including, but not limited to any person who: (a) Fails to re…

2299 DEFINITIONS 2299.1 When used in this chapter, the following terms shall have the meanings ascribed (definitions that are codified in the relevant Acts are indicated as [Statutory], and are reprinted below for regulatory efficiency): Accident - an unexpected, undesirable even…

PRIVATE 2300 GENERAL PROVISIONS tc \l 2 "2300 GENERAL PROVISIONS " 2300.1 The following regulations shall apply to all persons required to obtain an applicator certification and license or to be registered as a registered technician as required by the Pesticide Operations Act of …

PRIVATE 2301 CATEGORIES OF PESTICIDE APPLICATORS tc \l 2 "2301 CATEGORIES OF PESTICIDE APPLICATORS " 2301.1 Individuals shall apply for certification on a form prescribed by the Department in one (1) of the categories or subcategories of pest control outlined in this section (sub…

PRIVATE 2302 COMMERCIAL APPLICATORS: ELIGIBILITY FOR CERTIFICATIONtc \l 2 "2302 COMMERCIAL APPLICATORS\: ELIGIBILITY FOR CERTIFICATION" 2302.1 Each applicant for certification as a commercial applicator shall demonstrate to the Department that he or she has at least one (1) of th…

PRIVATE 2303 COMMERCIAL APPLICATORS: DETERMINATION OF COMPETENCY tc \l 2 "2303 COMMERCIAL APPLICATORS\: DETERMINATION OF COMPETENCY " 2303.1 To be certified as competent in the use and handling of pesticides, each applicant shall meet the requirements of this section. 2303.2 An a…

PRIVATE 2304 COMMERCIAL APPLICATORS: STANDARDS FOR DETERMINATION OF COMPETENCY tc \l 2 "2304 COMMERCIAL APPLICATORS\: STANDARDS FOR DETERMINATION OF COMPETENCY " 2304.1 The standards prescribed in this section shall be used to determine the competency of each commercial applicato…

PRIVATE 2305 COMMERCIAL APPLICATORS: CERTIFICATION AND LICENSING tc \l 2 "2306 COMMERCIAL APPLICATORS\: LICENSING " 2305.1 The Department shall issue an applicant a certification and the appropriate credentials, after an applicant performs the following actions: (a) Submits proof…

PRIVATE 2306 COMMERCIAL APPLICATORS: CERTIFICATION AND LICENSING tc \l 2 "2305 COMMERCIAL APPLICATORS\: CERTIFICATION "RENEWAL 2306.1 A licensed certified applicator shall renew their certification and license every year. 2306.2 An applicant for certification renewal shall be req…

2307 PRIVATE APPLICATORS: CERTIFICATION AND LICENSING 2307.1 Each applicant shall notify the Department, in writing, of reasons for requesting private applicator certification for general agricultural pest control or aerial pest control. 2307.2 An applicant’s written notification…

PRIVATE 2308 PRIVATE APPLICATORS: DETERMINATION OF COMPETENCY tc \l 2 "2308 PRIVATE APPLICATORS\: DETERMINATION OF COMPETENCY " 2308.1 Each applicant shall demonstrate proof of practical and scientific knowledge of pest control by: (a) Passing an examination that meets the requir…

PRIVATE 2309 PRIVATE APPLICATORS: STANDARDS FOR DETERMINATION OF COMPETENCYtc \l 2 "2309 PRIVATE APPLICATORS\: STANDARDS FOR DETERMINATION OF COMPETENCY" 2309.1 The Department shall determine competency in the use and handling of pesticides by a private applicator by procedures s…

2310 GOVERNMENT AGENCIES AND PUBLIC APPLICATORS 2310.1 Except as otherwise provided, all District and other governmental agencies shall be subject to the provisions of the Pesticide Operations Act of 1977, effective April 18, 1978, as amended (D.C. Law 2-70; D.C. Official Code §§…

2311 REGISTRATION OF TECHNICIANS 2311.1 Except for persons who are exempt from certification and license requirements under § 2300.8, only those persons certified and licensed under the Pesticide Operation Regulations, Chapters 22 through 25 of this title, shall apply pesticides …

2312 SUPERVISION OF REGISTERED TECHNICIANS 2312.1 A registered technician shall apply pesticides under the direct supervision of a licensed certified applicator whose certification permits the application. 2312.2 A registered technician working under direct supervision shall: (a)…

2313 PROTECTION OF PESTICIDE HANDLERS AND APPLICATORS tc \l 2 "2212 PROTECTION OF PESTICIDE HANDLERS AND APPLICATORS " 2313.1 Each applicator required to be licensed under this chapter shall acquaint those working under their direct supervision with the hazards involved in the us…