3.1 OAC Chapter 901:5-11: The Rule Map
Key Takeaways
- OAC Chapter 901:5-11 contains 17 rules covering definitions, licensing, competence, records, storage, notification, schools, IPM, worker safety, and civil penalties.
- Rule 901:5-11-01 holds the definitions, including paragraph (P) with the 26 commercial pesticide-use categories and paragraph (Q) with the 7 private categories.
- Rule 901:5-11-03 covers the pesticide business license, while 901:5-11-04 covers the commercial applicator license fee and licensing period.
- Rule 901:5-11-07 sets financial responsibility limits, and 901:5-11-10 sets recordkeeping requirements - the two rules most often cited incorrectly.
- Rule 901:5-11-08 governs demonstration of competence, including the five-business-day retest wait, the one-year validity of passing scores, and the three-year re-examination cycle.
3.1 OAC Chapter 901:5-11: The Rule Map
Ohio law questions on the Core exam almost always come down to naming the right rule. OAC Chapter 901:5-11 is short - seventeen rules - and worth memorizing as a map. Every one of them is adopted by the Director under the authority of ORC 921.16.
The Seventeen Rules
| Rule | Title | What lives here |
|---|---|---|
| 901:5-11-01 | Definitions | Anti-siphon device, bulk pesticide (>55 gal or >100 lb), commercial lawn, residential lawn, (P) the 26 commercial pesticide-use categories, (Q) the 7 private categories, wood destroying insects |
| 901:5-11-02 | Trained servicepersons, safety and restrictions | Pre-exposure training, written verification, 25-mile-or-2-hour direct supervision, under-18 DANGER-POISON rule, lighting, anti-siphon, leaking equipment, fumigation category limits |
| 901:5-11-03 | Pesticide business license and registered locations | The company license for applying for hire |
| 901:5-11-04 | Commercial applicator license | $35 initial and renewal, 50% late increase, October 1 - September 30 licensing period, reciprocity for nonresidents |
| 901:5-11-05 | Private applicator license | Private licensing requirements |
| 901:5-11-06 | Pesticide dealer license | Selling restricted use pesticides |
| 901:5-11-07 | Financial responsibility | Insurance limits by business type |
| 901:5-11-08 | Demonstration of competence | Core plus category exam requirement, 5-business-day retest wait, 1-year score validity, 3-year re-examination cycle and training alternative |
| 901:5-11-09 | Notification requirements for lawn pesticide applicators | Written customer information, the posted lawn sign, abutting-resident notice |
| 901:5-11-10 | Recordkeeping | Commercial, private, and dealer record fields and retention |
| 901:5-11-11 | Storage, handling, disposal and distribution | Storage prohibitions, display rules, bulk secondary containment |
| 901:5-11-12 | Pesticide registration | Registering products for distribution in Ohio |
| 901:5-11-13 | Recordkeeping for wood-destroying insect diagnostic inspections | Category 12 real estate inspection records |
| 901:5-11-14 | Integrated pest management standard | What counts as an IPM activity for non-agricultural uses |
| 901:5-11-15 | Pesticide use in schools | Timing, posting, allowed products, notification policy |
| 901:5-11-19 | Pesticide safety for agricultural workers and handlers | Adopts 40 CFR Part 170 (WPS) as Ohio's standard |
| 901:5-11-99 | Civil penalties | How ODA calculates an administrative penalty |
The Three Rules People Cite Wrong
Older and secondhand study material routinely misattributes these. Learn them correctly.
- Recordkeeping is 901:5-11-10. Not -03 (business license) and not -07 (financial responsibility).
- Financial responsibility is 901:5-11-07. Not -04, which is the applicator's license fee and period.
- Trained serviceperson supervision is 901:5-11-02. Ohio has no "registered employee" rule.
Definitions Worth Memorizing from 901:5-11-01
- Anti-siphon device - a check valve or mechanism preventing backflow on equipment drawing water directly from any supply. A non-mechanical device must include a physical air gap of at least twice the diameter of the point of discharge between the water supply and the highest portion of the tank.
- Bulk pesticide - a registered pesticide transported or held in an individual container with a capacity greater than 55 U.S. gallons liquid or 100 pounds net dry weight.
- Residential lawn - cultivated turf at a single- or multi-family dwelling of four units or less.
- Commercial lawn - any cultivated turf, public or private, other than a residential lawn, cultivated for aesthetic purposes.
- Wood destroying insects - termites, carpenter ants, carpenter bees, and re-infesting wood boring beetles.
Those last three definitions decide which notification and inspection rules apply to a given job.
How to Use the Map on Exam Day
Ohio-law items usually take one of three shapes, and each is answerable straight from the map.
Shape 1 - "Which rule governs X?" Work from the subject to the number. Records go to -10. Insurance goes to -07. Supervision and general safety prohibitions go to -02. Fees and license periods go to -04 for applicators and -03 for businesses.
Shape 2 - "What is the number?" These are the values the rules fix, and they are worth memorizing as a block:
| Value | Number | Rule |
|---|---|---|
| Commercial applicator license fee | $35 | 901:5-11-04(A) |
| Late renewal increase | +50% | 901:5-11-04(A), 901:5-11-03(A) |
| Commercial licensing period | Oct 1 - Sept 30 | 901:5-11-04(B) |
| Direct supervision radius | 25 miles or 2 hours | 901:5-11-02(A)(3) |
| Trained serviceperson verification retention | Employment + 3 years | 901:5-11-02(A)(2) |
| Retest wait after a failed exam | 5 business days | 901:5-11-08(A)(7) |
| Passing score shelf life | 1 year | 901:5-11-08(A)(8) |
| Commercial recertification | 5 hours / 3 years, 0.5 h per category | 901:5-11-08(B) |
| Record creation | On the date of application | 901:5-11-10(A) |
| Record copy to the business | Within 10 days | 901:5-11-10(A)(5) |
| Record retention | 3 years | 901:5-11-10(B), (C) |
| Bulk secondary containment | 110% of the largest container | 901:5-11-11(A)(3)(c)(ii) |
| Lawn sign size / height / duration | 5 x 4 in / 14 in / 24 hours | 901:5-11-09(A)(1)(c) |
| School sign | 8.5 x 11 in, 1-inch letters | 901:5-11-15(B)(2)(b) |
| Civil penalty ceiling | $5,000 first / $10,000 second | 901:5-11-99(B) |
Shape 3 - "Which statute authorizes the rule?" Almost always ORC 921.16, the Director's rulemaking section. Two exceptions worth noting: the IPM standard (901:5-11-14) is authorized by ORC 921.18, the Director's powers and duties section, and the rules that amplify specific statutes name them in the rule's supplemental information - 901:5-11-10 amplifies ORC 921.14, and 901:5-11-04 amplifies ORC 921.06.
Financial responsibility limits, the pesticide business license, the dealer license, and the solicitation license are covered in detail in the section on Ohio pesticide businesses and dealers.
Which OAC rule sets the recordkeeping requirements for Ohio commercial pesticide applicators?
Under OAC 901:5-11-01, at what container size does a pesticide become a "bulk pesticide" in Ohio?
An Ohio pesticide business applies lawn and ornamental pesticides for hire. What minimum insurance limits does OAC 901:5-11-07 require?