Angela
That was where I was led to when I followed the link from the FAQ section on the Visa waiver programme
"When Must I Obtain a Visa Instead of Using the VWP?
If you intend to arrive in the United States aboard a non-signatory air carrier, you must obtain a nonimmigrant visa prior to boarding the aircraft. Similarly, if you intend to visit the United States for more than 90 days, you must obtain a nonimmigrant visa before arriving in the United States. If you believe any grounds of inadmissibility at INA § 212(a) apply to you, you should apply for a nonimmigrant visa with Form OF-156 before traveling to the United States. You can obtain Form OF-156 from the American Embassy or consulate nearest your place of residence or the State Department Website. Although you may be inadmissible to the United States, you may qualify for a nonimmigrant visa and waiver, which will allow you to travel to the United States.

It may be a different section for stays under 90 days. The link was at the INA 212 (a).