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(a) Any person who engages in the commercial or private application of pesticides or the sale of restricted use pesticides shall be certified by the Commissioner except as provided in subsection (b) of this section. A certification is not valid unless the certified person also holds a valid identification card issued by the Commissioner.
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(b) The provisions of this chapter relating to registration and certification do not apply to:
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(1) residential application of pesticides as defined in this chapter; or
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(2) private application of a general use pesticide as defined in this chapter.
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(c) Application for pesticide applicator certification shall be made to the Commissioner. The application shall be on a form prescribed by the Commissioner and shall be accompanied by the fee or fees as provided in section 828 of this chapter.
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(d) An applicant for certification shall satisfy the Commissioner as to his knowledge and experience concerning the proper use and application of pesticides and pesticide application equipment through examination prior to initial certification. Recertification must be by training, workbook, or examination as required by the Commissioner.
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(e) Upon certification, the Commissioner shall certify the applicant for the appropriate category of certification and shall issue a certification identification card to the applicant. The certification may restrict the applicant to the use of a certain type or types of equipment or materials.
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(f) Pesticide applicator certifications are valid for four years, after which every applicator shall recertify according to the requirements then in effect. Certification identification cards are valid for four years.
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(g) Certified pesticide applicators shall maintain such records and shall furnish such reports concerning the application of pesticides as the Commissioner may require. All records required to be kept under this section must be available for inspection by the Commissioner.
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(h) Every certified applicator shall, prior to the application of a pesticide within or on the premises of a dwelling, supply the occupants therein with a written copy of the information, including any warnings, contained on the label of the pesticide to be applied.
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(i) Except as provided herein of this subsection, every certified applicator shall, prior to the application of a pesticide within or on the premises of a multiple dwelling, building, or structure other than a dwelling supply the owner or his agent, with a written copy of the information, including all warnings, contained on the label of the pesticide to be applied. The owner or agent shall make available upon request at reasonable times such information to the occupants or residents of such multiple dwelling, building, or structure.
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(j) In the case where an occupant of a multiple dwelling unit retains a certified applicator to apply pesticides within such unit, such certified applicator shall, prior to the application of a pesticide, supply any information, including all wings, contained on the label of the pesticides to the occupants.
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(k) For the purposes of this section:
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(1) A “dwelling” means any building or structure or portion thereof which is occupied in whole or in part as the home, residence or sleeping place for one or two families;
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(2) A “multiple dwelling” means any dwelling which is to be occupied by or is occupied as the residence or home of three or more families living independently of each other;
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(3) A “multiple dwelling unit” means that portion of a multiple dwelling occupied by one or more persons as the residence or home of such persons; and
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(4) “Premises” means land and improvements or appurtenances or any part thereof.
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