4.1 Lawn Pesticide Notification & Posting (OAC 901:5-11-09)

4.1 Lawn Pesticide Notification & Posting (OAC 901:5-11-09)

If you spray turf for hire anywhere in an Ohio municipality or a subdivided township area, this rule governs every job. It is also the Ohio rule most often paraphrased incorrectly, because other states' flag requirements look superficially similar.

Scope

The rule binds commercial applicators and trained servicepersons working under a commercial applicator's direct supervision who apply lawn pesticides in any municipal corporation or subdivided area of a township. Three lawn types are treated separately:

• Residential lawn - cultivated turf at a single- or multi-family dwelling of four units or less (OAC 901:5-11-01).
• Commercial lawn - any cultivated turf, public or private, other than residential, cultivated for aesthetic purposes.
• Public lawn - publicly owned turf, handled with a permanent-sign alternative.

The Written Customer Information

Before or at the time of application, the applicator provides the customer, in writing:

1. The brand or common name of each lawn pesticide applied
2. The chemical type - fungicide, herbicide, or insecticide
3. Any special instruction on the label applicable to the customer
4. The company name and telephone number of the applicator's employer
5. The date and time of the application
6. Any other pertinent information required by the label
7. A written statement reading exactly: "Lawn posting signs must remain in place for twenty-four hours following lawn application."

Item 7 is a favorite exam detail - the rule quotes the required sentence verbatim.

The Posted Sign

Signs go at conspicuous points, including but not limited to common access points on the treated property, within five feet of the access point, in plain sight and not obscured by any object.

Commercial and Public Lawns

Commercial lawns. The applicator provides the same written information required for residential lawns, plus the date and approximate time of application, to the individual on site responsible for administration of the property, and posts the same signs.

Public lawns. Same information delivery to the responsible on-site individual, and then either:

• post the standard signs, or
• permanently place at common access points a sign no less than 8 inches by 10 inches reading: "PERIODIC APPLICATION OF LAWN PESTICIDES - INQUIRE AT: (location where information may be obtained)." The designated location must be accessible to the public during normal hours of operation, and the product information must be made available to the public on request.

If permanent signs are used, the twenty-four-hour posting statement may be omitted from the written information.

The Abutting-Resident Notice

The sign's line "ABUTTING RESIDENTS MAY RECEIVE ADVANCE NOTICE" is not decorative. The rule requires the pesticide business to have attempted the notification described in the rule's paragraph (B) before applying to a residential lawn. In practice, businesses maintain a request list of neighbors who have asked for advance notice of applications on adjoining property and contact them ahead of scheduled work.

Compliance Habits

• Keep a stock of compliant signs in the truck. A sign that is too small, too low, laminated with a company logo, or planted 20 feet from the driveway is a violation even when the application itself was perfect.
• Deliver the written information as a leave-behind at the door, dated and timed, and note in the application record that it was provided.
• Remember the sign stays up for 24 hours - not "until the spray dries."
• These duties sit on top of, not instead of, OAC 901:5-11-10 recordkeeping. A turf job generates both a customer notice and a Set B application record with wind direction, velocity, and air temperature.