Which buildings, and which parts
The rule covers multiple occupancy residential complexes, which the EPA lists as flats, home units and apartments; townhouses and villas; caravan parks where people live long term; and other multiple occupancy domestic and residential complexes, but not dual occupancies.
The common areas it covers are foyers, hallways and stairwells, shared laundries, car parks, roof cavities, the space under the floor, the outside of buildings, and gardens, paths and fences. The EPA regulates this notice under Part 5, Division 3 of the Pesticides Regulation 2017.
A notice, from start to finish
- At least 5 working days before
The organiser tells residents
Whoever organises the treatment, generally the strata or property manager or the real estate agent, must give residents at least 5 working days’ notice before a pesticide is applied. Notice can go to each resident in person or by fax, email, telephone or post; into each letterbox or under each door; or on the main notice boards and at the main entrances and exits of each building.
- What it should say
Six things on the notice
The name of the pesticide; why it is being applied, such as which pests; where in and around the complex; the date or range of dates; any re-entry requirements on the label or permit; and the contact details of the person or office applying it.
- Before the work begins
The technician checks, then posts a notice
Before starting, the pest management technician must make sure the organiser has every detail it needs of how and where the pesticide will be used, and that residents have had at least 5 working days’ notice. Before applying pesticide in any common area, the technician must display a notice, which should carry the same details as the residents’ notice. It goes on the main noticeboards, and also at each entrance of the building when inside common areas are treated, or at each entrance of a building next to the common area when outside areas are treated.
- During and after
The notice stays up
The notice must stay up while the pesticide is being used, and for as long afterwards as the area should not be entered.
- Any time you ask
The safety data sheet
If a resident asks for the safety data sheet for the pesticide being used, the technician must provide a copy as soon as practicable; failing to do so is an offence.
- For 3 years
The records
The organiser keeps a paper copy of any written notice for 3 years, or a diary entry for notice given by phone or in person. The technician’s records include the notice given and where and when notices were put up, kept for at least 3 years.
NSW Fair Trading’s strata safety page says residents must have at least five days’ notice. The EPA, which regulates the rule, says at least 5 working days. This guide follows the EPA’s wording.
When notice can come late
The EPA counts as a pest emergency any sudden outbreak of dangerous, biting or stinging pests that puts health and safety at risk, giving rodents, wasps, bees, venomous spiders and bird mites as examples. In an emergency, the strata or property manager does not have to give prior notice, but the pest management technician must still give notice during the application, with notices on noticeboards and at entrances and a record kept for three years.
Baiting programs have a rule of their own: once notice of a baiting program has been given, no further notice is needed for a second or later installation of pesticide baits.
Why the rule exists
The EPA’s explanation is simple: people have a basic right to know when pesticide use may affect them, so they can make informed decisions and reduce their exposure if they wish. Residents told ahead of a common-area treatment can shut their windows or bring in their washing.
Inside your own apartment
The common area rule is about shared spaces. For a treatment in your own home, the EPA’s page on engaging a pest management technician lists ways to reduce exposure: cover kitchen utensils and bench surfaces, or move furniture out; cover or remove bird cages and fish tanks, and move other pets; use as little pesticide as possible; leave the treatment area while the pesticide takes effect, and keep sensitive people, such as young children, pregnant women and older people, away from it; make sure the area has dried and been well ventilated before going back in; and don’t eat, drink or smoke there until it is safe. Its page for technicians says that before applying pesticides inside, they should talk to residents about removing or protecting things that should not get sprayed, for example cooking utensils, children’s cots and toys.
If you are worried about your health after direct exposure to a pesticide (breathing it in, swallowing it or getting it on your skin), the EPA says to get medical help straight away: call triple zero (000) in an emergency, see a doctor or go to your nearest hospital, or ring the NSW Poisons Information Centre, open 24 hours, on 131 126.
If notice was not given
The EPA says fines may apply when pesticide is applied in a common area without notice to residents, and that the organiser could be fined if a technician applies pesticides before the notice period has passed. The EPA’s common area page sets out the penalties.
The EPA asks people who believe pesticides are being misused to contact this line.
To check the technician holds a licence, see panel 04.