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This entry was published on 2014-09-22
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SECTION 33-0922
Aquatic antifouling paint business registration
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 33, TITLE 9-A
§ 33-0922. Aquatic antifouling paint business registration.

1. Notwithstanding any other provision of law or regulation pursuant
to this title, an aquatic antifouling paint application business as
defined in this title shall register with the commissioner.

2. Applications for aquatic antifouling paint application business
registration shall be made to the commissioner and applicants shall
provide such information as the commissioner shall require. The
application shall be on a form prescribed by the commissioner and shall
be accompanied by the fee or fees provided in section 33-0911 of this
article.

3. An applicant for aquatic antifouling paint application business
shall satisfy standards, as determined by the commissioner to be
appropriate, with respect to knowledge and experience concerning the
proper use and application of aquatic antifouling paint application and
equipment. In addition to any other standards determined by the
commissioner to be appropriate, an applicant shall: (a) employ at least
one person who is a certified commercial pesticide applicator or
technician certified in the application of aquatic antifouling paint or
an aquatic antifouling paint applicator at each location required to be
registered; or (b) have entered into a contract with another registered
business that employs a person who is a certified commercial pesticide
applicator or technician certified in the application of aquatic
antifouling paint or an aquatic antifouling paint applicator, pursuant
to which contract such registered business has agreed to apply aquatic
antifouling paint at each such location for such applicant.

4. Business registration shall be valid for three years.

5. When engaged in the commercial application of aquatic antifouling
paints, an aquatic antifouling paint application business shall ensure
that such aquatic antifouling paints are only applied by an employee who
is a certified commercial pesticide applicator or technician certified
in the application of aquatic antifouling paint or an aquatic
antifouling paint applicator, or a person who is a certified commercial
pesticide applicator or technician certified in the application of
aquatic antifouling paint or an aquatic antifouling paint applicator
employed by another registered business with which such business has
contracted to apply aquatic antifouling paints; provided, however, that
until such time as authorization for pesticide application by pesticide
apprentices is repealed, aquatic antifouling paint registered as a
general use pesticide may be applied by a commercial pesticide
apprentice who is at least seventeen years of age and employed by such
business (a) working under the direct supervision of a certified
commercial pesticide applicator, or (b) working under the supervision of
a certified pesticide technician qualified in aquatic antifouling
paints, if such application is otherwise done in compliance with the
rules and regulations of the department, and who, during the handling
and application of such paint, utilizes appropriate safety equipment
including but not limited to a respirator, eye protection and skin
protection.

6. Such aquatic antifouling paint application business shall, for a
period of five years, maintain for inspection by the department an
annual report listing the names and certification numbers of all
employees or contractors engaged in the application of aquatic
antifouling paints on behalf of such business during the prior twelve
months.