1.6 Schools, Day Care Centers, Playgrounds & State Agencies

1.6 Schools, Day Care Centers, Playgrounds & State Agencies

Connecticut protects children's spaces with three overlapping statutes: CGS §§ 10-231a to 10-231d (schools), CGS § 19a-79a (day care centers), and CGS § 22a-66m (municipal playgrounds). A fourth statute, CGS § 22a-66l, sets IPM duties for state agencies. Exam questions turn on precise words — who may apply, what counts as a lawn care pesticide, which grades are covered, and who can declare an emergency — so this section quotes those terms closely.

---

Two Definitions That Control the Ban

All three child-protection statutes use the same definitions:

• "Pesticide" here means a fungicide used on plants, an insecticide, a herbicide, or a rodenticide. It does not include a sanitizer, disinfectant, antimicrobial agent, or pesticide bait.
• "Lawn care pesticide" means an EPA-registered pesticide labeled for use in lawn, garden, and ornamental sites or areas. It does not include:
  • (A) a microbial or biochemical pesticide registered with EPA (a biochemical pesticide is a naturally occurring substance that controls pests by nontoxic mechanisms);
  • (B) a horticultural soap or oil registered with EPA that contains no synthetic pesticide or synergist; or
  • (C) a product classified by EPA as an exempt minimum-risk material under 40 CFR 152.25 (the FIFRA § 25(b) list).

A ban on lawn care pesticides therefore still allows, for example, an EPA-registered horticultural oil without synthetic additives. Baits and disinfectants fall outside these statutes entirely.

---

Schools — CGS §§ 10-231b to 10-231d

Who may apply at any school

Under § 10-231b(a), only a pesticide applicator with supervisory certification, or one with operational certification under the direct supervision of a supervisory applicator, may apply pesticide within any building or on the grounds of any school. Regional agricultural science and technology education centers are excluded. A non-certified person may make an emergency application only to eliminate an immediate threat to human health when it is impractical to get a certified applicator, and not with a restricted use pesticide.

The lawn care pesticide ban

Section 10-231b(b): No person shall apply a lawn care pesticide on the grounds of any public or private preschool, or public or private school with students in grade eight or lower. A temporary allowance for IPM-plan applications on playing fields and playgrounds ran only from January 1, 2006 to July 1, 2010 and has ended.

The only remaining exception is an emergency application of a lawn care pesticide to eliminate a threat to human health, as determined by:

• the local health director,
• the Commissioner of Public Health,
• the Commissioner of Energy and Environmental Protection, or
• for a public school, the school superintendent.

High schools (grades 9–12 only) are not covered by the lawn care ban, though the timing, notice, and certified-applicator rules still apply.

Timing and re-entry at every school

No pesticide may be applied in any building or on the grounds of any school during regular school hours or during planned activities. The only exception is an emergency application that (1) must be made during that period and (2) does not involve a restricted use pesticide. No child may enter the treated area until it is safe according to the pesticide label (§§ 10-231c(d), 10-231d(d)).

Who notifies parents — the board of education, not the applicator

For an emergency application, the board may skip prior notice but must notify registrants on or before the application day and post the notice the same way. A copy of each application record is kept at the school for five years, including the information required by § 22a-66a.

---

Day Care Centers — CGS § 19a-79a

A day care center here includes a child day care center (more than 12 children), a group day care home (7 to 12 children), and a family day care home (a private home caring for no more than 6 children, with up to 3 additional school-age children during the school year).

• Only certified applicators — supervisors, or operators under a supervisor's direct supervision — may apply pesticide within a day care center. The licensee may allow an emergency application by someone else to eliminate an immediate threat to human health (mosquitoes, ticks, stinging insects) when a certified applicator is impractical and no RUP is involved.
• No lawn care pesticide may be applied on the grounds of a day care center, except an emergency application for an immediate health threat, determined necessary by the licensee and not involving an RUP. This ban does not apply to a family day care home whose grounds are not owned or controlled by the licensee.
• Children may not enter a treated area until it is safe according to the label.
• The licensee notifies parents or guardians at least 24 hours before any application on the grounds (emergencies: as soon as practicable). The notice states the active ingredient, target pest, location, and date. Each application record is kept at the center for five years.

---

Municipal Playgrounds — CGS § 22a-66m

A municipal playground is an outdoor area owned or controlled by a town, city, or borough that is designated and customarily used for children's play — swings, slides, climbing structures. It excludes school playgrounds and athletic fields ("any field or open space used primarily for sporting activities").

• Only certified applicators may apply pesticide within a municipal playground, with an emergency exception approved by the controlling authority (the head of the municipal department that maintains the playground), excluding RUPs.
• No lawn care pesticide may be applied on municipal playground grounds, except emergency applications for immediate threats such as mosquitoes, ticks, and stinging insects, determined necessary by the controlling authority and not involving an RUP.
• The controlling authority posts public notice on the town's website at least 24 hours before an application, if the situation permits and within existing budgets (emergencies: as soon as practicable), and keeps each notice for five years.

---

State Agencies — CGS § 22a-66l and RCSA § 22a-66l-1

• Each state department, agency, or institution must use IPM at facilities for which DEEP has provided model pest control management plans. DEEP has published model IPM plans for ornamental and turf, general pest control, rodent control, and arborist work.
• Before any indoor or outdoor application, an agency must consider IPM methods, and UConn Cooperative Extension may assist.
• An agency that applies pesticides, or contracts for applications, must adopt a pest control management plan and revise it by January 1 each year. The plan includes IPM options used and rejected (with reasons), the types and amounts of pesticides, the need and purpose, locations, timing and frequency, contractor registration numbers, employee certification numbers, and maps of public water supply watersheds or well fields.
• Agency records are kept five years (see Section 1.4).
• The IPM duty yields when the Commissioner of Public Health declares a public health emergency or DEEP determines an application is necessary for mosquito control.
• State agencies and schools hiring pest control contractors may require bidders to supply IPM services.

---

Quick Comparison

In every emergency path, restricted use pesticides are excluded.