§ 147A.21 Person in charge of fumigation; during fumigation.

(a) Until ventilation begins, or until the vessel leaves port, the person in charge of fumigation shall ensure that a qualified person inspects the vessel as follows: (1) He must use detection equipment for the fumigant that is used to ensure that the fumigant is confined to: (i) The space that is fumigated, if partial occupancy is allowed under § 147A.11(b)(1)(i); or (ii) The vessel, if no space is determined to be safe for occupancy under § 147A.11(b)(1)(i). (2) He must make inspections at the intervals that are determined to be necessary by the marine chemist or qualified person under § 147A.11 (b)(1)(ii). (b) If leakage occurs, the person in charge of fumigation shall: (1) Notify the person in charge of the vessel that there is leakage; (2) Ensure that all necessary measures are taken for the health and safety of any person; and (3) Notify the person in charge of the vessel when there is no danger to the health and safety of any person. (c) After the exposure period, if the vessel is in port, the person in charge of fumigation shall ensure that fumigators or other qualified persons ventilate the space that is fumigated as follows: (1) Hatch covers and vent seals must be removed, other routes of access to the atmosphere must be opened, and if necessary, mechanical ventilation must be used. (2) Personal protection equipment that is appropriate for the fumigant that is used must be worn. (d) If ventilation is completed before the vessel leaves port, the person in charge of fumigation shall: (1) Ensure that a qualified person, who is wearing the personal protection equipment for the fumigant that is used if remote detection equipment is not used, tests the space that is fumigated and determines if there is any danger to the health and safety of any person, including a danger from fumigant that may be retained in bagged, baled, or other absorbent cargo; (2) Notify the person in charge of the vessel of this determination; and (3) If it is determined that there is a danger: (i) Ensure that all measures are taken that are necessary for the health and safety of all persons; and (ii) Notify the person in charge of the vessel when there is no danger to the health and safety of any person.