§ 33-0922 — Aquatic antifouling paint business registration

§ 33-0922. Aquatic antifouling paint business registration.\n 1. Notwithstanding any other provision of law or regulation pursuant\nto this title, an aquatic antifouling paint application business as\ndefined in this title shall register with the commissioner.\n 2. Applications for aquatic antifouling paint application business\nregistration shall be made to the commissioner and applicants shall\nprovide such information as the commissioner shall require. The\napplication shall be on a form prescribed by the commissioner and shall\nbe accompanied by the fee or fees provided in section 33-0911 of this\narticle.\n 3. An applicant for aquatic antifouling paint application business\nshall satisfy standards, as determined by the commissioner to be\nappropriate, with respect to knowledge and experience concerning the\nproper use and application of aquatic antifouling paint application and\nequipment. In addition to any other standards determined by the\ncommissioner to be appropriate, an applicant shall: (a) employ at least\none person who is a certified commercial pesticide applicator or\ntechnician certified in the application of aquatic antifouling paint or\nan aquatic antifouling paint applicator at each location required to be\nregistered; or (b) have entered into a contract with another registered\nbusiness that employs a person who is a certified commercial pesticide\napplicator or technician certified in the application of aquatic\nantifouling paint or an aquatic antifouling paint applicator, pursuant\nto which contract such registered business has agreed to apply aquatic\nantifouling paint at each such location for such applicant.\n 4. Business registration shall be valid for three years.\n 5. When engaged in the commercial application of aquatic antifouling\npaints, an aquatic antifouling paint application business shall ensure\nthat such aquatic antifouling paints are only applied by an employee who\nis a certified commercial pesticide applicator or technician certified\nin the application of aquatic antifouling paint or an aquatic\nantifouling paint applicator, or a person who is a certified commercial\npesticide applicator or technician certified in the application of\naquatic antifouling paint or an aquatic antifouling paint applicator\nemployed by another registered business with which such business has\ncontracted to apply aquatic antifouling paints; provided, however, that\nuntil such time as authorization for pesticide application by pesticide\napprentices is repealed, aquatic antifouling paint registered as a\ngeneral use pesticide may be applied by a commercial pesticide\napprentice who is at least seventeen years of age and employed by such\nbusiness (a) working under the direct supervision of a certified\ncommercial pesticide applicator, or (b) working under the supervision of\na certified pesticide technician qualified in aquatic antifouling\npaints, if such application is otherwise done in compliance with the\nrules and regulations of the department, and who, during the handling\nand application of such paint, utilizes appropriate safety equipment\nincluding but not limited to a respirator, eye protection and skin\nprotection.\n 6. Such aquatic antifouling paint application business shall, for a\nperiod of five years, maintain for inspection by the department an\nannual report listing the names and certification numbers of all\nemployees or contractors engaged in the application of aquatic\nantifouling paints on behalf of such business during the prior twelve\nmonths.\n