Print This Lesson
§ 1950.1. Armed Services Exemption.
Any licensee who permitted his or her license to expire while serving in any branch of the armed services of the United States during any call for action, shall have one year from the date of discharge from the armed services or return to inactive status to earn the required continuing education
hours necessary to reinstate his or her license; provided the license was valid at the time the licensee was called to action, and the application for reinstatement is accompanied by an affidavit showing the date of discharge from the armed services or return to inactive status.
NOTE: Authority cited: Section 8525, Business and Professions Code. Reference: Sections 114, 8590, 8590.1, 8593 and 8593.1, Business and Professions Code.
HISTORY
1. New section filed 9-16-2009; operative 10-16-2009 (Register 2009, No. 38).
1950.5
STRUCTURAL PEST CONTROL BOARD Title 16
99
§ 1950.5. Hour Value System.
The following hour values shall be assigned to the educational activities approved by the Board. All educational activities must be submitted to the Board for approval before presentation for continuing education credit, in accordance with section 1953. Each activity approved for technical or rules and regulations continuing education hours must include a written examination to be administered at the end of the course. Examinations administered at the end of the course must consist of ten questions per one hour of instruction, with 40 questions minimum for any activity of instruction of four hours or more. Licensees must obtain a passing score of 70% or better in order to obtain a certificate of course completion. If the examination is failed, the licensee shall be allowed to be reexamined by taking a different examination within sixty days.
(a) Accredited college courses – 10 hours for each 2 semester-unit course; 16 hours for each 3 semester-unit course.
(b) Adult education courses – 6 hours
(c) Professional seminars or meetings – up to a maximum of 6 hours per seminar or meeting. Additional hours may be approved depending on the
complexity of the activity and its relevance to new developments in the field of pest control.
(d) Technical seminars or meetings – up to a maximum of 6 hours per seminar or meeting. Additional hours may be approved depending on the complexity of the activity and its relevance to new developments in the field of pest control.
(e) Operators’ courses approved by the Board pursuant to section 8565.5 of the code – 1 hour per hour of instruction.
(f) Correspondence courses developed by the Board pursuant to section 8565.5 of the code – full credit per branch.
(g) Correspondence courses approved by the Board – hours will be assigned depending on the complexity of the course and its relevance to new developments in the field of pest control.
(h) Association meetings – 1 hour for every hour of instruction up to a maximum of 4 hours per meeting.
(i) Structural Pest Control Board meetings – 1 general hour and 1 rule and regulation hour per meeting, up to a maximum of 4 hours per renewal period (excluding Board Members.) This activity is exempt from examination requirements pursuant to this section.
(j) Structural Pest Control Board Committee meetings – 1 hour per meeting, up to a maximum of 2 hours per renewal period (excluding Board Members).
(k) In-house training in technical subjects – 1 hour per hour of instruction.
(l) Board approved Rules and Regulations courses – 1 hour for every hour of instruction.
(m) Integrated Pest Management courses – 1 hour for every hour of instruction.
1951 STRUCTURAL PEST CONTROL BOARD Title 16
100
NOTE: Authority cited: Section 8525, Business and Professions Code. Reference: Section 8593, Business and Professions Code.
HISTORY
1. Amendment filed 6-13-91; operative 7-13-91 (Register 91, No. 41).
2. Amendment of subsections (c), (d), (g), (h) and (l) and new subsection (m) filed 5-12-94; operative 6-13-94 (Register 94, No. 19).
3. Amendment of subsections (d) and (h) filed 3-6-95; operative 4-5-95 (Register 95, No. 10).
4. Amendment of subsections (d) and (m) filed 3-13-96; operative 4-12-96 (Register 96, No. 11).
5. Change without regulatory effect amending subsections (c), (d), (g) and (h) filed 3-26-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 13).
6. Amendment filed 7-6-2005; operative 8-5-2005 (Register 2005, No. 27).
7. New subsection (m) filed 3-20-2009; operative 4-19-2009 (Register 2009, No. 12).
§ 1951. Examination in Lieu of Continuing Education.
In lieu of continuing education, a licensee may qualify for renewal by taking and passing an examination designed by the Board to cover developments in the field of pest control. Licensees who choose this method of qualifying for renewal may take this examination only once, and must take the examination no earlier than one year prior to their license expiration date. A score of 70% or higher shall be considered a passing grade on this examination.
NOTE: Authority cited: Section 8525, Business and Professions Code. Reference: Sections 8560(c) and 8593, Business and Professions Code.
HISTORY
1. Amendment of section filed 8-12-96; operative 9-11-96 (Register 96, No. 33).
2. Amendment filed 7-6-2005; operative 8-5-2005 (Register 2005, No. 27).
§ 1952. Inactive Licenses. [Repealed]
NOTE: Authority cited: Section 8525, Business and Professions Code. Reference: Section 8690.5, Business and Professions Code.
HISTORY
1. Repealer filed 5-21-85; designated effective 7-1-86 (Register 85, No. 21).
2. Editorial correction removing repealed text (Register 86, No. 46).
§ 1953. Approval of Activities.
(a) Providers of activities of continuing education in pest control shall request approval as a provider and of activities on forms provided by the Board (See Form 43M-18 (Rev. 6/02) at the end of this section) accompanied by the required fees. Requests for approval of activities must be submitted to the Board no later than 60 days prior to presentation of the activity unless exception is granted by the Registrar.
(b) All providers must notify the Board 30 days prior to the presentation of any board approved activity, unless exception is granted by the Registrar.
(c) All providers must submit a course attendance roster (See Form No. 43M-46 (New 3/93) at the end of this section) to the Structural Pest Control Board within five working days after every course instructed.
1953 STRUCTURAL PEST CONTROL BOARD Title 16
101
(d) After giving the provider a written notice and an opportunity to respond, the Board may withdraw approval of any activity, when good cause exists. Good cause shall include, but not be limited to, failure actually to meet the standards for approval of activities which are outlined in subsection (f) of this section.
(e) Unless otherwise indicated on the written notification of approval, or unless an approval is withdrawn by the Board at an earlier date, approval of each activity shall remain in effect for 3 years.
(f) In order to be approved, activities must be:
(1) Directly related to the field of structural pest control;
(2) Provided by an institution, association, university, or other entity assuming full responsibility over the course program;
(3) Composed of a formal program of learning which requires:
(A) attendance and participation,
(B) at least one hour of instruction,
(C) a syllabus (detailed outline of the main points of the curriculum),
(D) a certificate of completion on Form No. 43M-38 (NEW 5/87) (which is printed at the end of this section); and,
(4) Conducted by an instructor who has qualified by meeting two of the following experience requirements:
(A) Completion of training in the subject of the activity,
(B) Six months’ experience working in the area covered by the activity within the preceding three years,
(C) Experience teaching an activity of similar content within the preceding five years,
(D) Completion of any post-secondary studies related to the subject matter of the activity,
(E) Author of the activity being reviewed, or a credentialed instructor.
(g) No activity which focuses on the policies or procedures of a single firm shall be approved.
Note: Authority cited: Section 8525, Business and Professions Code. Reference: Section 8593, Business and Professions Code.
HISTORY
1. Amendment of subsection (d)(4)(D) filed 11-10-86; effective thirtieth day thereafter (Register 86, No. 46).
2. Amendment of subsection (a) filed 3-24-87; effective upon filing pursuant to Government Code section 11346.2(d) (Register 87, No. 13).
3. Amendment filed 6-13-91; operative 7-13-91 (Register 91, No. 41).
4. New subsection (c), subsection redesignation and amendment of subsections (d) and (f)(3) filed 5-12-94; operative 6-13-94 (Register 94, No. 19).
5. Change without regulatory effect amending subsection (f)(3) filed 5-2-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 18).
6. Editorial correction adding form 43M-46, inadvertently omitted from Register 94, No. 19 (Register 2004, No. 29).
1953 STRUCTURAL PEST CONTROL BOARD Title 16
102
7. Amendment of subsection (a) and form 43M-18 filed 7-13-2004; operative 8-12-2004 (Register 2004, No. 29).
8. Amendment of subsection (f)(3), new subsections (f)(3)(A)-(E), amendment of subsections (f)(4)(C) and (g) and repealer and new Form 43M-39 filed 7-6-2005; operative 8-5-2005 (Register 2005, No. 27).
9. Repealer of subsection (f)(3)(D), subsection relettering and repealer of student questionnaire form filed 3-20-2009; operative 4-19-2009 (Register 2009, No. 12). 43M-18 STRUCTURAL PEST CONTROL BOARD Title 16
103
43M-18 STRUCTURAL PEST CONTROL BOARD Title 16
104
43M-46 STRUCTURAL PEST CONTROL BOARD Title 16
105
43M-38 STRUCTURAL PEST CONTROL BOARD Title 16
106
1970 STRUCTURAL PEST CONTROL BOARD Title 16
107
ARTICLE 4. Fumigation and Pesticide Use
§ 1970. Standards and Record Requirements.
For the purpose of maintaining proper standards of safety and the establishment of responsibility in handling the dangerous gases used in fumigation and the pesticides used in other pest control operations, a registered company shall compile and retain for a period of at least three years, a log for each fumigation job and for each pesticide control operation in which a pesticide is used by the registered company or the registered company’s employee. If the fumigation is to be performed by a fumigation subcontractor, the subcontractor shall complete the fumigation log and forward a copy of the log to the primary contractor within ten business days.
(a) The log (See Form 43M-47 (Rev. 5/07) at the end of this section) for each fumigation job shall contain the following information:
Name, address and company registration certificate number of prime contractor.
Name, address and company registration certificate number of subcontractor, if any.
Address of property.
Date of fumigation.
Name and address of owner or his or her agent.
Date and hour fire department was notified pursuant to Business and Professions Code section 8505.5.
Date and hour county agricultural commissioner was notified and method of notification, where required.
Property description including type of structure as to details of roofing, walls, and the presence of construction elements, conduits, drains, air ducts, or vacuum systems that could allow the passage of fumigant from the structure to be fumigated to any adjacent or adjoining structure(s), thereby connecting them, and method(s) used to prevent passage of the fumigant.
Cubic feet fumigated.
Target pest(s).
Kind of fumigant(s) used.
United States Environmental Protection Agency registration number(s) of fumigant(s).
Name of warning agent and amount used.
Type of sealing method used.
Weather conditions as to temperature and wind.
Date and hour fumigant introduced.
Cylinder number of each fumigant used.
Weight of each fumigant cylinder before introduction of gas.
1970 STRUCTURAL PEST CONTROL BOARD Title 16
108
Pounds of fumigant used from each cylinder.
Total pounds of fumigant used.
List of any extraordinary safety precautions taken.
Name, signature and license number of operator or field representative releasing fumigant.
First name and surname of crew when fumigant was released, when aeration commenced and when the property was released for occupancy.
Indication of whether or not safety equipment was available at the fumigation site at the time the fumigant was introduced, when ventilation commenced and when the property was released for occupancy.
Date and hour aeration commenced.
Conditions of tarp and seal.
Name, signature and license number of operator or field representative commencing ventilation.
Type of device(s) used to test for re-entry.
Date and hour ready for occupancy.
Name, signature and license number of operator or field representative releasing property for occupancy.
Method used to calculate amount of fumigant used.
Factors used in calculation of fumigant.
Special notes or comments pertinent to fumigation.
(b) The report for each pest control operation, other than fumigation, in which a pesticide is used shall contain the following information:
Date of treatment.
Name of owner or his or her agent.
Address of property.
Description of area treated.
Target pest(s).
Pesticide and amount used.
Identity of person or persons who applied the pesticide.
(c) The term “fraudulent act” as used in Section 8642 includes but is not limited to the falsification of any records pertaining to fumigation jobs or other pest control operations in which a pesticide other than a fumigant is used.
NOTE: Authority cited: Section 8525, Business and Professions Code. Reference: Sections 8505.5, 8505.7, 8505.13, 8505.15, 8505.16, 8516, 8642, 8646 and 8652, Business and Professions Code.
HISTORY
1. Amendment filed 9-29-78 as an emergency; effective upon filing (Register 78, No. 39). For prior history, see Register 68, No. 1.
2. Amendment filed 9-29-78; effective thirtieth day thereafter (Register 78, No. 52).
3. Certificate of Compliance filed 1-23-79 (Register 79, No. 4).
4. Editorial correction (Register 79, No. 43).
1970 STRUCTURAL PEST CONTROL BOARD Title 16
109
5. Amendment of NOTE filed 9-22-83; effective thirtieth day thereafter (Register 83, No. 39).
6. Amendment filed 3-23-87; effective upon filing pursuant to Government Code section 11346.2(d) (Register 87, No. 13).
7. Amendment of first paragraph and subsections (a) and (b), amendment of Note, and new form 43M-47 filed 4-28-98; operative 5-28-98 (Register 98, No. 18).
8. Amendment of subsection (a) filed 10-23-2001; operative 11-22-2001 (Register 2001, No. 43).
9. Amendment of subsection (a) and form 43M-47 filed 7-13-2004; operative 8-12-2004 (Register 2004, No. 29).
10. Amendment of first paragraph and subsection (a) and repealer and new Form 43M-47 filed 4-29-2008; operative 5-29-2008 (Register 2008, No. 18). 43M-47 STRUCTURAL PEST CONTROL BOARD Title 16
110 1970.1 STRUCTURAL PEST CONTROL BOARD Title 16
111
§ 1970.1. Enclosed Spaces.
(a) As used in Section 8505.1 of the code, the term “enclosed space” shall include but shall not be limited to any of the following:
(1) Vault or chamber
(2) Tarpaulin covering
(3) Paper and tape seal
(4) Combination paper and tape and tarpaulin
(5) Van, boxcar, ship, plane or other vehicle
(b) For purposes of subsection (a), “tarpaulin” means a protective covering which is capable of retaining a fumigant for the period of time required by the label for such fumigant.
NOTE: Authority cited: Section 8525, Business and Professions Code. Reference: Sections 8505.1 and 8505.7, Business and Professions Code.
HISTORY
1. New Sections 1970.1, 1970.2, and 1970.3 filed 9-18-75; effective thirtieth day thereafter (Register 75, No. 38).
2. Amendment filed 9-22-83; effective thirtieth day thereafter (Register 83, No. 39).
§ 1970.2. Fumigation Effectiveness. [Repealed]
HISTORY
1. Repealer filed 9-22-83; effective thirtieth day thereafter (Register 83, No. 39).
§ 1970.3. Securing Against Entry.
As used in Section 8505.7 of the code, the phrase “locked, barricaded, or otherwise secured against entry” shall mean that all structures, prior to fumigation, shall have a secondary lock on all outside doors. A secondary lock means a device or barricade that will secure and prevent a door from being opened by anyone other than the licensee in charge of the fumigation. Examples of approved devices are clamshell locks, padlocks, keyway locks, pins or any other device, including inside deadbolts.
(a) Pins shall be of a thickness to prevent the insertion of the door key.
(b) Staples cannot be used in keyways as a secondary lock under any circumstances.
(c) An exterior doorway on a garage or an uninhabited structure which does not have a door shall have impassable barricades erected thereon prior to fumigation if it provides a path of access for persons to enter into a building which is inhabited by human beings or shows evidence of human habitation. This provision shall apply to side doorways on otherwise enclosed garages if
the garage is being used for storage of personal property, or is part of inhabited property.
A garage without a car door or where the car door is missing shall be onsidered a carport and need not be barricaded unless there is evidence that the garage area is being used for habitation.
1970.4 STRUCTURAL PEST CONTROL BOARD Title 16
112
A barricade is considered to be plywood with a thickness of one-fourth inch or a material of equal or greater strength.
NOTE: Authority cited: Sections 8520 and 8525, Business and Professions Code. Reference: Sections 8505.4 and 8505.7, Business and Professions Code.
HISTORY
1. Repealer and new section filed 5-19-78; effective thirtieth day thereafter (Register 78, No. 20).
2. Amendment filed 1-26-82; effective thirtieth day thereafter (Register 82, No. 5).
3. Editorial correction (Register 82, No. 16).
4. Amendment of NOTE filed 9-22-83; effective thirtieth day thereafter (Register 83, No. 39).
5. Amendment and new subsections (a)-(d) filed 1-13-93; operative 2-12-93 (Register 93, No. 3).
6. Amendment of first paragraph, repealer of subsection (a) and subsection relettering, and amendment of newly designated subsection (a) and last paragraph filed 3-13-96; operative 4-12-96 (Register 96, No. 11).
§ 1970.4. Pesticide Disclosure Requirement.
(a) The primary contractor for fumigation shall have in his or her possession and shall provide to any subcontractor for fumigation a form (See Form 43M-48 (Rev. 5/07) at the end of this section) signed by the occupants or designated agent of a structure. The primary contractor for fumigation and the subcontractor for fumigation shall retain a copy of the occupants fumigation notice for a period of at least three years. In case of multiple-family dwellings, the owner, manager or designated agent of the building may obtain signatures and/or verify the notification of the occupants.
The form shall state the name of the pest to be controlled, the pesticide(s)/fumigant(s) proposed to be used, the active ingredient(s) and the health cautionary statement as required under section 8538 of the code. The form shall also state that a lethal gas (poison) will be used in the building on indicated dates and that it is unsafe to return to the building until a certification notice for reentry is posted by the licensed fumigator. The form shall also indicate that the occupant has received the prime contractor’s information regarding the procedures for leaving the structure.
The properly signed form or a copy thereof shall be in the possession of the licensed fumigator when the fumigant is released. Such form shall be attached to and become a permanent part of the fumigation log upon completion of the fumigation.
(b) Any death or serious injury relating to pesticide application or use, whether to a worker or member of the public, shall be reported to the nearest Structural Pest Control Board office immediately.
(c) Whenever a licensee employed by a branch 2 or branch 3 registered company applies a pesticide within, around or to any structure such person shall leave in a conspicuous location a written notice identifying the common, generic or chemical name of each pesticide applied. In case of a multiple family
1970.4 STRUCTURAL PEST CONTROL BOARD Title 16
113
structure, such notice may be given to the designated agent or the owner. Such pesticide identification notice may be a door hanger, invoice, billing statement or other similar written document which contains the registered company’s name, address, and telephone number.
(d) All pest control operators, field representatives, applicators and employees in all branches shall comply in every respect with the requirements of section 8538 of the code. Failure to comply with section 8538 of the code is a misdemeanor and shall constitute grounds for discipline.
(e) Where notification is required under section 8538 of the code, and the premises on which the work is to be performed is a multiple family dwelling consisting of more than 4 units, the owner/owner’s agent shall receive notification and other notices shall be posted in heavily frequented, highly visible areas including, but not limited to, all mailboxes, manager’s apartment, in all laundry rooms, and community rooms on all external pest control servicing. Complexes with fewer than 5 units will have each affected unit notified. Any pest control servicing done within a tenant’s apartment requires that the tenant be notified according to section 8538 of the code.
(f) A registered company which applies any pesticide within, around or to any structure shall provide to any person, within 24 hours after request therefore, the common, generic or chemical name of each pesticide applied.
NOTE: Authority cited: Section 8525, Business and Professions Code. Reference: Section 8505.7, 8505.13 and 8538, Business and Professions Code.
HISTORY
1. New section filed 5-19-78; effective thirtieth day thereafter (Register 78, No. 20).
2. Amendment filed 5-8-80; effective thirtieth day thereafter (Register 80, No. 19).
3. Amendment of subsection (a) filed 6-3-81; effective thirtieth day thereafter (Register 81, No. 23).
4. Relettering of former subsection (d) to (e) and new subsection (d) filed 6-17-85; effective thirtieth day thereafter (Register 85, No. 25).
5. Relettering of former subsection (e) to (f) and new subsection (e) filed 11-10-86; effective thirtieth day thereafter (Register 86, No. 46).
6. Amendment filed 3-23-87; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 87, No. 13).
7. Amendment of subsections (a), (d) and (e) filed 4-12-90; operative 5-12-90 (Register 90, No. 17).
8. Amendment of subsections (a), (c) and Note filed 3-6-95; operative 4-5-95 (Register 95, No. 10).
9. Amendment of subsections (a), (c) and (d), amendment of Note, and new form 43M-48 filed 4-28-98; operative 5-28-98 (Register 98, No. 18).
10. Change without regulatory effect amending subsections (c) and (f) filed 3-26-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 13).
11. Amendment of subsection (a) and repealer and new form 43M-48 filed 12-30-2005; operative 1-29-2006 (Register 2005, No. 52).
12. Amendment of subsection (a) and repealer and new Form 43M-48 filed 4-29-2008; operative 5-29-2008 (Register 2008, No. 18).
43M-48 STRUCTURAL PEST CONTROL BOARD Title 16
114
1970.5 STRUCTURAL PEST CONTROL BOARD Title 16
115
§ 1970.5. Commencing Aeration.
“The time ventilation is commenced” as used in section 8505.3 of the Code means the period of time beginning when the seal is broken and ending when all seals/tarps are removed. A licensed Branch 1 operator or field representative is required to be present during this entire period of time.
NOTE: Authority cited: Section 8525, Business and Professions Code. Reference: Section 8505.3, Business and Professions Code.
HISTORY
1. New section filed 4-12-90; operative 5-12-90 (Register 90, No. 17).
2. Amendment of section filed 8-12-96; operative 9-11-96 (Register 96, No. 33).
§ 1970.6. Fumigation of Connecting Structures.
(a) Prior to the process of fumigation, all single units and rooms within the entire structure shall be vacated.
(b) When recommending a fumigation, the prime contractor for fumigation shall:
(1) inquire of the owner or designated agent about the presence of any construction elements, conduits, drains, or vacuum systems that could allow passage of the fumigant from the structure to be fumigated to any adjacent or adjoining structure(s), thereby connecting them;
(2) inspect the structure to be fumigated and all other adjacent or adjoining structures on the property to determine if there are construction elements, conduits, drains, or vacuum systems present that could allow passage of the fumigant from the structure to be fumigated to any adjacent or adjoining structure(s). When such conditions exist the prime contractor for fumigation shall notify in writing the licensee in charge of the fumigation of the conditions which could allow passage of the fumigant to adjacent or adjoining structures.
(c) Prior to introduction of the fumigant, the licensee in charge of the fumigation shall:
(1) conduct a thorough search for construction elements, conduits, drains, or vacuum systems that could allow passage of the fumigant from the structure to be fumigated to any adjacent or adjoining structure on the property;
(2) document his or her inspection findings on the fumigation log, identifying the type and location of the construction element(s), conduit(s), drain(s), or vacuum system(s) between connected structures and the methods used to prevent passage of the fumigant.
(d) Any adjacent or adjoining structure which is deemed connected to the structure to be fumigated must be vacated during the process of fumigation, unless it is separated from the structure to be fumigated by methods which prevent passage of the fumigant from entering the connected structure(s). When it is necessary to vacate any connected, adjacent or adjoining structure, that
structure shall be considered as a fumigated structure, and all applicable rules, regulations and label instructions apply.
1971 STRUCTURAL PEST CONTROL BOARD Title 16
116
NOTE: Authority cited: Section 8525, Business and Professions Code. Reference: Section 8505.7, Business and Professions Code.
HISTORY
1. New section filed 8-12-96; operative 9-11-96 (Register 96, No. 33).
2. Amendment filed 10-23-2001; operative 11-22-2001 (Register 2001, No. 43).
§ 1971. Fumigation Safety Kit and Other Equipment.
(a) All fumigation crews shall be provided with and shall have in their possession on the job:
(1) A fumigation safety kit, in proper condition for use, containing at least the following:
(A) Statements of instructions published by the manufacturer of the fumigants being used.
(B) Two or more effective gas masks or other safety equipment approved by the National Institute of Occupational Safety and Health, for protection against the type of fumigant being used.
(C) A chart of instructions for artificial resuscitation.
(2) Proper testing equipment as required by the manufacturer’s label instructions and all applicable laws and regulations.
(b) The crew shall be instructed in the use and care of kit and safety equipment and in first aid methods.
NOTE: Authority cited: Section 8525, Business and Professions Code. Reference: Sections 8505.4, 8505.8, 8505.15 and 8505.16, Business and Professions Code.
HISTORY
1. Amendment filed 11-18-57; effective thirtieth day thereafter (Register 57, No. 20).
2. Amendment of subsection (a) filed 9-18-75; effective thirtieth day thereafter (Register 75, No. 38).
3. Amendment filed 5-19-78; effective thirtieth day thereafter (Register 78, No. 20).
4. Amendment filed 9-22-83; effective thirtieth day thereafter (Register 83, No. 39).
5. Repealer of subsection (a)(1)(A), subsection relettering, and amendment of newly designated subsection (a)(C)(2) filed 3-6-95; operative 4-5-95 (Register 95, No. 10).
§ 1972. Warning Gases and Extraordinary Precautions. [Repealed]
HISTORY
1. New section filed 11-18-57; effective thirtieth day thereafter (Register 57, No. 20).
2. Repealer filed 9-22-83; effective thirtieth day thereafter (Register 83, No. 39).
§ 1973. Re-Entry Requirements
Following a fumigation, the licensee must personally:
(a) Perform proper testing after aeration using testing equipment for clearing the structure as required by the manufacturer’s label instructions and all applicable laws and regulations.
(b) Release the property for occupancy by posting a Notice of Re-Entry (See Form 43M-42 (Rev. 5/07) at the end of this section). The form must be no smaller than 8 1/2”x 11”and be printed in black lettering on a white background.
1973 STRUCTURAL PEST CONTROL BOARD Title 16
117
Note: Authority cited: Section 8525, Business and Professions Code. Reference: Sections 8505.3 and 8505.7, Business and Professions Code.
HISTORY
1. New section filed 12-18-92; operative 1-19-93 (Register 92, No. 51).
2. Amendment of section heading and section filed 3-13-96; operative 4-12-96 (Register 96, No. 11).
3. Amendment of subsection (b) and repealer and new Form 43M-42 filed 4-29-2008; operative
5-29-2008 (Register 2008, No. 18) 43M-42
STRUCTURAL PEST CONTROL BOARD Title 16
118
43M-42 STRUCTURAL PEST CONTROL BOARD Title 16
118 1974 STRUCTURAL PEST CONTROL BOARD Title 16
119
§ 1974. Fumigation Warning Signs.
Prior to commencement of fumigation, warning signs which comply with the provisions of sections 8505.9 and 8505.10 (see Form 43M-15 (New 8/93)) shall be posted. Such warning signs shall be at least 11″ x 15″.
(a) Prior to sealing a structure which is to be fumigated, fumigation warning signs shall be posted on the structure at or near all entrances and on each side of the structure and kept at those locations until the structure is declared to be safe for re-occupancy by the licensee exercising direct and personal supervision over the fumigation.
(b) Fumigation warning signs shall also be placed on the outside surface of the tarps used to seal the structure and shall be clearly visible on all accessible sides of the space under fumigation and from any direction from which the site may be approached.
(c) All warning signs must contain the trade name of the fumigant used and its active ingredient.
Additional fumigation warnings signs shall be posted at all joint seams of the tarp at the first floor level.
NOTE: Authority cited: Section 8525, Business and Professions Code. Reference: Sections 8505.4, 8505.6, 8505.9 and 8505.10, Business and Professions Code.
HISTORY
1. New section filed 3-13-96; operative 4-12-96 (Register 96, No. 11).
2. New subsection (c) filed 11-8-2010; operative 12-8-2010 (Register 2010, No. 46).
43M-15 STRUCTURAL PEST CONTROL BOARD Title 16
120
1980 STRUCTURAL PEST CONTROL BOARD Title 16
121
§ 1980. Sodium Fluoracetate-Compound 1080. [Repealed]
NOTE: Authority cited: Sections 8525 and 8643, Business and Professions Code. Reference: Sections 8643 and 8647, Business and Professions Code.
HISTORY
1. Amendment filed 7-3-80; effective thirtieth day thereafter (Register 80, No. 27).
2. Repealer filed 9-22-83; effective thirtieth day thereafter (Register 83, No. 39).
§ 1981. Rodenticides and Avicides. [Repealed]
NOTE: Authority cited: Sections 8520, 8525 and 8643, Business and Professions Code. Reference: Sections 8643 and 8647, Business and Professions Code.
HISTORY
1. Amendment filed 7-5-80; effective thirtieth day thereafter (Register 80, No. 27).
2. Amendment of subsection (e) filed 6-3-81; effective thirtieth day thereafter (Register 81, No. 23).
3. Repealer filed 9-22-83; effective thirtieth day thereafter (Register 83, No. 39).
§ 1982. Insecticides. [Repealed]
NOTE: Authority cited: Sections 8525 and 8643, Business and Professions Code. Reference: Sections 8643 and 8647, Business and Professions Code.
HISTORY
1. Amendment filed 7-5-80; effective thirtieth day thereafter (Register 80, No. 27).
2. Repealer filed 9-22-83; effective thirtieth day thereafter (Register 83, No. 39).
§ 1983. Handling, Use, and Storage of Pesticides.
(a) Each container in which any pesticide is stored, carried or transported shall be adequately labeled in accordance with the provisions of Articles 1 and 5, Chapter 2, Division 7 of the Food and Agriculture Code (relating to economic poisons) and regulations adopted by the Department of Pesticide Regulation thereunder.
(b) Service kits which contain any pesticide or preparation thereof shall be handled with extreme caution and in no case shall such a kit be left where children or other unauthorized persons might remove the contents.
(c) When any pesticide or preparation thereof is carried on a truck or other vehicle, a suitable storage space shall be provided thereon. Under no
circumstances shall such storage be left either unlocked or unattended when containing any pesticide or preparation thereof.
(d) Where there is danger of food or drug contamination, all food or drug commodities and all utensils or equipment used in the preparation of food or drugs shall be adequately covered to insure against contamination by pesticidal materials, unless the contamination will be dissipated or otherwise removed prior to the time the food or drugs are consumed or the utensils or equipment used.
(e) No rodenticide or avicide shall be used in such manner as to be readily accessible to children or pets.
1984 STRUCTURAL PEST CONTROL BOARD Title 16
122
(f) All rodenticides and avicides shall be removed from readily accessible places upon termination of the particular service.
(g) Under no circumstances shall oil base insecticidal materials be used in or near open flames or active heaters.
(h) Tracking powders shall be used only at floor level or in such places as warrant their safe use.
(i) When a covered or uncovered bait station is used for any rodenticide or avicide the bait station shall be adequately marked with the signal word or symbols required on the original rodenticide or avicide label, the generic name of the pesticide, and the name, address and telephone number of the structural pest control company.
(j) When a termite baiting system contract is terminated, any toxicant used to modify, control, change or eliminate the behavior and existence of termites, excluding liquid termiticides, shall be removed from the property.
NOTE: Authority cited: Section 8525, Business and Professions Code. Reference: Sections 8643 and 8647, Business and Professions Code.
HISTORY
1. Amendment filed 7-5-80; effective thirtieth day thereafter (Register 80, No. 27).
2. Amendment filed 9-22-83; effective thirtieth day thereafter (Register 83, No. 39).
3. Amendment of subsections (h) and (i) and repealer of subsection (j) filed 3-23-87; effective upon filing pursuant to Government Code section 11346.2(d) (Register 87, No. 13).
4. Amendment of subsections (a) and (b) filed 3-6-95; operative 4-5-95 (Register 95, No. 10).
5. New subsection (j) filed 7-13-2004; operative 8-12-2004 (Register 2004, No. 29).
6. Amendment of subsection (i) filed 3-21-2006; operative 4-20-2006 (Register 2006, No. 12).
§ 1984. Structural Integrated Pest Management.
(a) Structural integrated pest management (IPM) means a systematic decision making approach to managing pests, which focuses on long-term prevention or suppression with minimal impact on human health, property, the environment, and non-target organisms. Structural IPM incorporates all reasonable measures to prevent pest problems by properly identifying pests, monitoring population dynamics, and using behavioral, physical, biological or chemical pest population control measures to reduce pests to acceptable levels. If a pesticide application or other intervention is determined to be necessary, the selection and application of the intervention shall be performed in a manner that minimizes risk to people, property, the environment, and non-target organisms, while providing effective pest management.
(b) For the purpose of this section, intervention means an action, device, product or practice that is intended for the prevention, control, management, elimination or abatement of a pest.
NOTE: Authority cited: Section 8525, Business and Professions Code. Reference: Section 8505, Business and Professions Code.
1990 STRUCTURAL PEST CONTROL BOARD Title 16
123
HISTORY
1. New section filed 7-9-2008; operative 8-8-2008 (Register 2008, No. 28).
2. Amendment of subsection (a) filed 9-16-2009; operative 10-16-2009 (Register 2009, No. 38).
ARTICLE 5. Wood Destroying Organisms
§ 1990. Report Requirements Under Section 8516(b) 1-9, Inclusive.
(a) All reports shall be completed as prescribed by the board. Copies filed with the board shall be clear and legible. All reports must supply the information required by Section 8516 of the Code and the information regarding the pesticide or pesticides used as set forth in Section 8538 of the Code, and shall contain or describe the following:
(1) Structural pest control license number of the person making the inspection.
(2) Signature of the Branch 3 licensee who made the inspection.
(3) Infestations, infections or evidence thereof.
(4) Wood members found to be damaged by wood destroying pests or organisms.
(b) Conditions usually deemed likely to lead to infestation or infection include, but are not limited to:
(1) Faulty Grade Level. A faulty grade level exists when the top of any foundation is even with or below the adjacent earth. The existing earth level shall be considered grade.
(2) Inaccessible subareas or portions thereof and areas where there is less than 12 inches clear space between the bottom of the floor joists and the unimproved ground area.
(3) Excessive Cellulose Debris. This is defined as any cellulose debris of a size that can be raked or larger. Stumps and wood imbedded in footings in earth contact shall be reported.
(4) Earth-wood contacts.
(5) Commonly controllable moisture conditions which would foster the growth of a fungus infection materially damaging to woodwork.
(c) When an infestation of carpenter ants or carpenter bees is found in a structure, control measures may be applied by companies holding a Branch 2 or Branch 3 registration certificate. If a Branch 3 licensee discovers an infestation or evidence of carpenter ant or carpenter bee infestation while performing an inspection pursuant to section 8516 of the code, he or she shall report his or her findings and make recommendations for controlling the infestation.
(d) Even though the licensee may consider the following areas inaccessible for purposes of inspection, the licensee must state specifically which of these areas or any other areas were not inspected and why the inspection of these areas is not practical: furnished interiors; inaccessible attics or portions thereof; the
1990 STRUCTURAL PEST CONTROL BOARD Title 16
124
interior of hollow walls; spaces between a floor or porch deck and the ceiling or soffit below; stall showers over finished ceilings; such structural segments as porte cocheres, enclosed bay windows, buttresses, and similar areas to which there is no access without defacing or tearing out lumber, masonry or finished work; built-in cabinet work; floors beneath coverings, areas where storage conditions or locks make inspection impracticable.
(e) Information regarding all accessible areas of the structure including but not limited to the substructure, foundation walls and footings, porches, patios and steps, stairways, air vents, abutments, stucco walls, columns, attached structures or other parts of a structure normally subject to attack by wood-destroying pests or organisms.
(f) The following language shall appear just prior to the first finding/recommendation on each separated report:
“This is a separated report which is defined as Section I/Section II conditions evident on the date of the inspection. Section I contains items where there is visible evidence of active infestation, infection or conditions that have resulted in or from infestation of infection. Section II items are conditions deemed likely to lead to infestation or infection but where no visible evidence of such was found. Further inspection items are defined as recommendations to inspect area(s) which during the original inspection did not allow the inspector access to complete the inspection and cannot be defined as Section I or Section II.”
(g) Information must be reported regarding any wooden deck, wooden stairs or wooden landing in exterior exposure attached to or touching the structure being inspected. Portions of such structure that are not available for visual inspection must be designated as inaccessible.
NOTE: Authority cited: Sections 8525 and 8538(c), Business and Professions Code. Reference: Sections 8516 and 8538, Business and Professions Code.
HISTORY
1. Amendment of subsections (h), (i), (j) and new subsection (k) filed 12-27-73; designated effective 3-1-74 (Register 73, No. 52). For prior history, see Register 64, No. 11.
2. Amendment filed 5-22-75; effective thirtieth day thereafter (Register 75, No. 21).
3. Amendment filed 5-19-78; effective thirtieth day thereafter (Register 78, No. 20).
4. Amendment of subsection (k) filed 5-8-80; effective thirtieth day thereafter (Register 80, No. 19).
5. Amendment filed 9-22-83; effective thirtieth day thereafter (Register 83, No. 39).
6. Amendment of subsection (a) filed 6-17-85; effective thirtieth day thereafter (Register 85, No. 25).
7. Amendment of subsections (a) and (a)(4), new subsection (c) and subsection relettering, and new subsection (f) filed 3-13-96; operative 4-12-96 (Register 96, No. 11).
8. Change without regulatory effect amending subsection (c) filed 5-20-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 21).
9. New subsection (g) filed 4-28-98; operative 5-28-98 (Register 98, No. 18).
1990.1 STRUCTURAL PEST CONTROL BOARD Title 16
125
§ 1990.1. Report Requirements Under Section 8516.1(b) and (c) (1)-(8) inclusive. [Repealed]
NOTE: Authority cited: Section 8525, Business and Professions Code. Reference: Sections 8510, 8516.1, 8538 and 8560, Business and Professions Code.
HISTORY
1. New section filed 3-6-95; operative 4-5-95 (Register 95, No. 10).
2. Change without regulatory effect repealing section filed 3-26-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 13).
§ 1991. Report Requirements Under Section 8516(b)10.
(a) Recommendations for corrective measures for the conditions found shall be made as required by paragraph 10 of subdivision (b) of Section 8516 of the code and shall also conform with the provisions of Title 24 of the California Code of Regulations and any other applicable local building code, and shall accomplish the following:
(1) Comply with the provisions of section 2516(c)(1) of Title 24 of the California Code of Regulations.
(2) Remove from the subarea all excessive cellulose debris in earth contact. This excludes shavings or other cellulose too small to be raked or stored goods not in earth contact. Stumps and wood imbedded in footings in earth contact shall be treated if removal is impractical.
(3) When evidence of moisture, infestations or infections exists as a result of faulty grade levels, earth fill planters or loose stucco, a recommendation shall be made to correct the condition. Any method of controlling infestations arising from these conditions is considered adequate if the infestation is controlled.
(4) Comply with the provisions of section 2516(c)(6.1) of Title 24 of the California Code of Regulations (Effective July 1992).
(5) Structural members which appear to be structurally weakened by wood-destroying pests to the point where they no longer serve their intended purpose shall be replaced or reinforced. Structural members which are structurally weakened by fungus to the point where they no longer serve their intended purpose shall be removed or, if feasible, may remain in place if another structural member is installed adjacent to it to perform the same function, if both members are dry (below 20% moisture content), and if the excessive moisture condition responsible for the fungus damage is corrected. Structural members which appear to have only surface fungus damage may be chemically treated and/or left as is if, in the opinion of the inspector, the structural member will continue to perform its originally intended function and if correcting the excessive moisture condition will stop the further expansion of the fungus.
(6) Comply with the provisions of section 2516(c)(6) of Title 24 of the California Code of Regulations.
(7) Comply with the provisions of section 2516(c)(4) of Title 24 of the California Code of Regulations.
1991 STRUCTURAL PEST CONTROL BOARD Title 16
126
(8) Exterminate all reported wood-destroying pests. Such extermination shall not be considered repair under section 8516(b)(12) of the code. If evidence indicates that wood-destroying pests extend into an inaccessible area(s), recommendation shall be made to either:
(A) enclose the structure for an all encompassing treatment utilizing materials listed in Section 8505.1 of the code, or
(B) use another all encompassing method of treatment which exterminates the infestation of the structure, or
(C) locally treat by any or all of the following:
1. exposing the infested area(s) for local treatment,
2. removing the infested wood,
3. using another method of treatment which exterminates the infestation. (If any recommendation is made for local treatment, the report must contain the following statement: “Local treatment is not intended to be an entire structure treatment method. If infestations of wood-destroying pests extend or exist beyond the area(s) of local treatment, they may not be exterminated.”)
When a complete inspection is performed, a recommendation shall be made to remove or cover all accessible pellets and frass of wood-destroying pests.
When a limited inspection is performed, the inspection report shall state that the inspection is limited to the area(s) described and diagrammed. A recommendation shall be made to remove or cover all accessible pellets and frass of wood-destroying pests in the limited areas. The limited inspection report shall include a recommendation for further inspection of the entire structure and that all accessible evidence of wood-destroying pests be removed or covered.
(9) For the extermination of subterranean termite infestations, treat an infested area under the structure when subterranean termite tubes are found connected to the ground or when active infestations are found in the ground. Subterranean termite tubes shall be removed where accessible, except where a licensee is using an above ground termite bait station that requires the use of the termite tubes to be effective. Where a licensee is using an above ground termite bait station that requires the use of termite tubes to be
effective, subterranean termite tubes can remain in place for the duration of the licensee’s use of the termite bait stations. At the conclusion of the treatment, the subterranean termite tubes shall be removed.
(10) Comply with the provisions of section 2516(c)(2) of Title 24 of the California Code of Regulations.
(11) Correct any excessive moisture condition that is commonly controllable. When there is reasonable evidence to believe a fungus infection exists in a concealed wall or area, recommendations shall be made to open the wall or area.
1991 STRUCTURAL PEST CONTROL BOARD Title 16
127
(12) Repair a stall shower if it is found to leak when water tested for a minimum of fifteen (15) minutes after the shower drain has been plugged and the base filled to within one (1) inch of the top of the shower dam. Stall showers with no dam or less than two (2) inches to the top of the dam are to be water tested by running water on the unplugged shower base for a minimum of five (5) minutes. Showers over finished ceilings must be inspected but need not be water tested. If water stains are evident on the ceiling, recommendations shall be made for further inspection and testing.
(b) Preconstruction application of termiticide for protection from subterranean termites shall not be made at less than the manufacturer’s label specifications.
(c) If in the opinion of the inspector a building permit is required, it must be noted on the wood destroying pests and organisms inspection report (Form No. 43M-41 as specified in section 1996 of the California Code of Regulations).
NOTE: Authority cited: Section 8525, Business and Professions Code. Reference: Section 8516, Business and Professions Code.
HISTORY
1. Amendment filed 9-16-59; effective thirtieth day thereafter (Register 59, No. 16).
2. Amendment filed 5-19-64; designated effective 9-1-64 (Register 64, No. 11).
3. Amendment of subsections (a)(3), (9) and new (b) filed 1-2-68; effective thirtieth day thereafter (Register 68, No. 1).
4. Amendment filed 12-27-73; designated effective 3-1-74 (Register 73, No. 52).
5. Amendment of subsection (a) filed 5-8-80; effective thirtieth day thereafter (Register 80, No. 19).
6. Amendment filed 7-3-80; effective thirtieth day thereafter (Register 80, No. 27).
7. Editorial correction of subsection (a)(12)(Register 80, No. 36).
8. Amendment of subsection (a)(12) filed 9-22-83; effective thirtieth day thereafter (Register 83, No. 39).
9. Amendment of subsection (a)(8) filed 2-13-87; effective thirtieth day thereafter (Register 87, No. 8).
10. Amendment of subsections (a) and (a)(9) and repealer and adoption of subsections (a)(1), (a)(4), (a)(6), (a)(7), and (a)(10) filed 11-15-91; operative 12-16-91 (Register 92, No. 8).
11. Repealer of subsection (a)(8) and new subsections (a)(8)(A)-(C) filed 3-30-92; operative 4-29-92 (Register 92, No. 15).
12. Amendment of subsections (a)(2) and (a)(8), repealer of subsection (b) and new subsection (b) filed 3-13-96; operative 4-12-96 (Register 96, No. 11).
13. Amendment of subsection (a)(5) filed 4-3-96; operative 5-3-96 (Register 96, No. 14).
14. New subsections (a)(13)-(a)(13)(C) and (c) filed 4-28-98; operative 5-28-98 (Register 98, No. 18).
15. Change without regulatory effect amending section heading and subsection (a) filed 5-15-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 20).
16. Amendment of subsection (a)(8)(C)3. filed 6-26-2003; operative 7-26-2003 (Register 2003, No. 26).
17. Amendment of subsection (a)(9) filed 12-30-2005; operative 1-29-2006 (Register 2005, No. 52).
18. Repealer of subsections (a)(13)-(a)(13)(C) filed 3-21-2006; operative 4-20-2006 (Register 2006, No. 12).
1991.1 STRUCTURAL PEST CONTROL BOARD Title 16
128
§ 1991.1. Report Requirements Under Section 8516.1(c)(8). [Repealed]
NOTE: Authority cited: Section 8525, Business and Professions Code. Reference: Sections 8510 and 8516.1, Business and Professions Code.
HISTORY
1. New section filed 3-6-95; operative 4-5-95 (Register 95, No. 10).
2. Change without regulatory effect repealing section filed 3-26-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 13).
§ 1992. Secondary Recommendations.
In addition to the recommendations required in section 1991, the report may suggest secondary recommendations. When secondary recommendations are made, they shall be labeled as secondary recommendations and included as part of the inspection report with a full explanation of why they are made, with the notation that they are below standard measures. If secondary recommendations are performed, any letter of completion, billing or other document referring to the work completed, must state specifically which recommendations were secondary and below standard and specify the name of the person or agency requesting completion of the secondary recommendations.
NOTE: Authority cited: Section 8525, Business and Professions Code. Reference: Section 8516, Business and Professions Code.
HISTORY
1. New sections filed 9-16-59; effective thirtieth day thereafter (Register 59, No. 16).
2. Amendment filed 5-19-64; designated effective 9-1-64 (Register 64, No. 11).
3. Amendment filed 9-22-83; effective thirtieth day thereafter (Register 83, No. 39).
4. Amendment filed 9-20-90; operative 10-20-90 (Register 90, No. 44).
5. Amendment filed 12-7-92; operative 1-19-93 (Register 92, No. 51).
§ 1993. Inspection Reports.
All of the following reports must be in compliance with the requirements of Section 8516 of the code. All reports must be on the form prescribed by the board.
(a) An original inspection report is the report of the first inspection conducted on a structure at the request of a specified party or for a specified purpose. Subsequent inspections conducted on a structure at the request of a different party, for a different purpose than a previous inspection, or a different
transaction relating to the same structure shall be deemed to be new inspections for which an original inspection report shall be required. An original inspection report may be either a complete or limited inspection.
(b) A complete report is the report of an inspection of all visible and accessible portions of a structure.
(c) A limited report is the report on only part of a structure. Such a report shall have a diagram of the area inspected and shall specifically indicate which portions of the structure were inspected with recommendation for further
1993.1 STRUCTURAL PEST CONTROL BOARD Title 16
129
inspection of the entire structure and the name of the person or agency requesting a limited report.
(d) A supplemental report is the report on the inspection performed on inaccessible areas that have been made accessible as recommended on a previous report. Such report shall indicate the absence or presence of wood-destroying pests or organisms or conditions conducive thereto. This report can also be used to correct, add, or modify information in a previous report. A licensed operator or field representative shall refer to the original report in such a manner to identify it clearly.
(e) A reinspection report is the report on the inspections of item(s) completed as recommended on an original report or subsequent report(s). The areas reinspected can be limited to the items requested by the person ordering the original inspection report. A licensed operator or field representative shall refer to the original report in such a manner to identify it clearly.
NOTE: Authority cited: Section 8525, Business and Professions Code. Reference: Section 8516, Business and Professions Code.
HISTORY
1. New section filed 9-16-59; effective thirtieth day thereafter (Register 59, No. 16).
2. Amendment filed 5-19-64; designated effective 9-1-64 (Register 64, No. 11).
3. Amendment filed 9-22-83; effective thirtieth day thereafter (Register 83, No. 39).
4. Amendment of section heading and section filed 3-13-96; operative 4-12-96 (Register 96, No. 11).
5. Amendment of subsections (d) and (e) and new form filed 8-12-96; operative 9-11-96 (Register 96, No. 33).
6. Amendment of first paragraph filed 3-21-2006; operative 4-20-2006 (Register 2006, No. 12).
§ 1993.1. Reinspection Language.
The following statement must appear on any wood destroying pests and organisms inspection report when an estimate or bid for making repairs is given with the original inspection report, or thereafter:
“This company will reinspect repairs done by others within four months of the original inspection. A charge, if any, can be no greater than the original inspection fee for each reinspection. The reinspection must be done within ten (10) working days of request. The reinspection is a visual inspection and if
inspection of concealed areas is desired, inspection of work in progress will be necessary. Any guarantees must be received from parties performing repairs.”
NOTE: Authority cited: Section 8525, Business and Professions Code. Reference: Section 8516, Business and Professions Code.
HISTORY
1. New section filed 7-6-2005; operative 8-5-2005 (Register 2005, No. 27).
1993.2 STRUCTURAL PEST CONTROL BOARD Title 16
130
§ 1993.2. Termite Bait Station.
(a) For the purposes of this section and section 1993.3, “termite bait station” shall include:
(1) an “above-ground bait station,” which shall mean any device containing pesticide bait used for the eradication of wood destroying pests that is attached to the structure, or
(2) an “in-ground bait station,” which shall mean any device containing a material to attract and or monitor wood destroying pests, or containing a pesticide bait to eradicate wood destroying pests, that is placed in the ground.
(3) an “in-ground termite monitoring system” is a device placed in the ground to determine the presence or absence of subterranean termites through scheduled periodic inspections.
(b) Prior to installation of any termite system, a full or limited inspection of the structure shall be made.
NOTE: Authority cited: Section 8525, Business and Professions Code. Reference: Section 8514, Business and Professions Code.
HISTORY
1. New section filed 6-26-2003; operative 7-26-2003 (Register 2003, No. 26).
§ 1993.3. In-Ground Termite Bait Stations.
Use of in-ground termite monitoring and/or baiting systems shall be considered a control service agreement as defined by section 8516 of the code.
NOTE: Authority cited: Section 8525, Business and Professions Code. Reference: Section 8516, Business and Professions Code.
HISTORY
1. New section filed 6-26-2003; operative 7-26-2003 (Register 2003, No. 26).
§ 1994. Limited Inspection Reports. [Repealed]
NOTE: Authority cited: Section 8525, Business and Professions Code. Reference: Sections 8516, 8516.1, Business and Professions Code
HISTORY
1. New section filed 9-16-59; effective thirtieth day thereafter (Register 59, No. 16).
2. Amendment filed 5-19-64; designated effective 9-1-64 (Register 64, No. 11).
3. Repealer filed 3-13-96; operative 4-12-96 (Register 96, No. 11).
§ 1995. Limitation of Report. [Repealed]
HISTORY
1. New section filed 5-19-64; designated effective 9-1-64 (Register 64, No. 11).
2. Repealer filed 9-22-83; effective thirtieth day thereafter (Register 83, No. 39).
§ 1996. Requirements for Reporting All Inspections Under Section 8516(b).
(a) A written inspection report conforming to section 8516(b) of the code (See Form No. 43M-41 (Rev. 10/01, required use effective July 1, 2003) at the end of this section) shall be prepared and delivered to the person requesting the
1996 STRUCTURAL PEST CONTROL BOARD Title 16
131
inspection, or to the person’s designated agent regardless of whether the registered company has offered to perform the inspection without charge. The granting of permission to make an inspection shall be deemed a request to make an inspection.
(b) The failure or refusal of the person ordering the inspection or of his or her designated agent to pay for such inspection or report shall not excuse a registered company which has commenced an inspection from preparing and delivering a report to the person requesting the inspection or the person’s designated agent.
NOTE: Authority cited: Section 8525, Business and Professions Code. Reference: Section 8516, Business and Professions Code.
HISTORY
1. New section filed 5-19-64; designated effective 9-1-64 (Register 64, No. 11).
2. Amendment of subsection (b) filed 12-27-73; designated effective 3-1-74 (Register 73, No. 52).
3. Amendment filed 9-22-83; effective thirtieth day thereafter (Register 83, No. 39).
4. Amendment filed 3-23-87; effective upon filing pursuant to Government Code section 11346.2(d) (Register 87, No. 13).
5. Amendment of subsection (a) filed 7-13-90; operative 8-12-90 (Register 90, No. 34).
6. Amendment of subsection (a) filed 12-28-90; operative 1-27-91 (Register 91, No. 6).
7. Change without regulatory effect amending subsection (a) and form filed 9-16-92 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 38).
8. Change without regulatory effect amending section and Form 43M-41 filed 3-2-93 pursuant to section 100, title 1, California Code of Regulations (Register 93, No. 10).
9. Editorial correction of Form 43M-41 and History8 (Register 95, No. 16).
10. Amendment of subsection (a) and Form 43M-41 filed 8-13-98; operative 9-12-98 (Register 98, No. 33).
11. Amendment of subsection (a) and repealer and new form 43M-41 filed 12-16-2002; operative 1-15-2003 (Register 2002, No. 51).
12. Amendment filed 12-30-2005; operative 1-29-2006 (Register 2005, No. 52).
43M-41 STRUCTURAL PEST CONTROL BOARD Title 16
132
1996.1 STRUCTURAL PEST CONTROL BOARD Title 16
133
§ 1996.1. Inspection and Completion Tags.
(a) An inspection tag shall be posted in the attic or sub-area, or in the garage whenever an inspection for wood-destroying pests or organisms is made. The inspection tag shall be not less than 3″ by 5″ and shall contain the firm’s name, date of inspection and the following statement: “Do not remove -Structural Pest Control Board Regulation 1996.1.”
(b) If the registered company completes any work with respect to wood-destroying pests or organisms, it shall post a completion tag next to the inspection tag. The completion tag shall be not less than 3” by 5” and shall contain the firm’s name, date of completion, trade name of any pesticide used, active ingredient or method(s) of treatment.
(c) The inspection report shall indicate the location of the inspection tag. The inspection report must also indicate the presence of any other inspection or fumigation tag that is less than two years old and any similar completion tag. A registered company shall not remove any tag.
NOTE: Authority cited: Section 8525, Business and Professions Code. Reference: Sections 8516-8519 and 8644, Business and Professions Code.
HISTORY
1. New section filed 7-17-79; designated effective 10-1-79 (Register 79, No. 29).
2. Amendment filed 9-22-83; effective thirtieth day thereafter (Register 83, No. 39).
3. Amendment of subsections (b) and (c) filed 3-23-87; effective upon filing pursuant to Government Code section 11346.2(d) (Register 87, No. 13).
4. Amendment of subsection (b) and amendment of Note filed 7-13-2004; operative 8-12-2004 (Register 2004, No. 29).
5. Amendment of subsection (b) filed 11-8-2010; operative 12-8-2010 (Register 2010, No. 46).
§ 1996.2. Standard Notice of Work Completed and Not Completed.
A written standard notice of work completed and not completed form conforming to section 8518 of the code and Form No. 43M-44 (Rev. 10/01, required use effective July 1, 2003) found at the end of this section shall be prepared and filed with the board.
NOTE: Authority cited: Section 8525, Business and Professions Code. Reference: Section 8518, Business and Professions Code.
HISTORY
1. New section and form filed 11-19-92; operative 12-21-92 (Register 92, No. 47).
2. Change without regulatory effect amending section and Form 43M-44 filed 3-2-93 pursuant to section 100, title 1, California Code of Regulations (Register 93, No. 10).
3. Editorial correction moving Note and History to follow Form 43M-44 (Register 95, No. 16).
4. Amendment of subsection (a) and Form 43M-44 filed 8-13-98; operative 9-12-98 (Register 98, No. 33).
5. Amendment of section and repealer and new form 43M-44 filed 12-16-2002; operative 1-15-2003 (Register 2002, No. 51).
43M-44 STRUCTURAL PEST CONTROL BOARD Title 16
134
1996.3 STRUCTURAL PEST CONTROL BOARD Title 16
135
§ 1996.3. Requirements for Reporting Property Addresses.
(a) The address of each property inspected and/or upon which work was completed shall be reported on a form prescribed by the Board and designated as the WDO Inspection and Completion Activity Report Form (see Form No. 43M-52 Rev. 5/09) at the end of this section. This form shall be prepared by each registered company and shall comply with all of the requirements pursuant to Section 8516(b), and 8518.
(b) The form shall contain the following information for each property inspected and/or upon which work was completed.
(1) Company Name
(2) Company registration number
(3) Branch office registration number (when a branch office issues an inspection report or notice of work completed
(4) Date of Activity
(5) Address of property inspected or upon which work was completed, including zip code
(6) Activity Code
(7) License number of licensee performing the inspection
(c) Failure of a registered company to report and file with the Board the address of any property inspected or upon which work was completed pursuant to Section 8516(b) or 8518 are grounds for disciplinary action and subject to a fine of not more then two thousand five hundred dollars ($2,500).
NOTE: Authority cited: Section 8525, Business and Professions Code. Reference: Sections 8516 and 8518, Business and Professions Code.
HISTORY
1. New section and new form 43M-52 filed 7-13-2004; operative 8-12-2004 (Register 2004, No. 29).
2. Amendment of section and form 43M-52 filed 5-20-2010; operative 7-1-2010 (Register 2010, No. 21).
43M-52 STRUCTURAL PEST CONTROL BOARD Title 16
136
1997 STRUCTURAL PEST CONTROL BOARD Title 16
137
§ 1997. WDO Inspection and Completion Activity Fee.
Pursuant to the provisions of section 8674 of the Business and Professions Code, the following fee is determined, set and established:
(1) Activity Reporting fee per Property Address $1.50. Effective July 1, 2010, the Activity Reporting fee per Property Address is $2.50.
NOTE: Authority cited: Sections 8525 and 8674, Business and Professions Code. Reference: Sections 8518 and 8674, Business and Professions Code.
HISTORY
1. Amendment filed 3-15-77; effective thirtieth day thereafter (Register 77, No. 12). For prior history, see Register 68, No. 6.
2. Amendment filed 2-22-80; effective thirtieth day thereafter (Register 80, No. 8).
3. Amendment filed 6-9-82; effective thirtieth day thereafter (Register 82, No. 24).
4. Amendment filed 9-22-83; effective thirtieth day thereafter (Register 83, No. 39).
5. Amendment filed 9-7-84; effective thirtieth day thereafter (Register 84, No. 36).
6. Amendment filed 2-13-87; effective thirtieth day thereafter (Register 87, No. 8).
7. Amendment filed 9-19-88; operative 10-19-88 (Register 88, No. 39).
8. Amendment filed 9-19-90; operative 10-19-90 (Register 90, No. 44).
9. Amendment filed 7-21-92; operative 8-20-92 (Register 92, No. 30).
10. Amendment filed 10-15-96; operative 11-14-96 (Register 96, No. 42).
11. Change without regulatory effect amending section heading, section and Note filed 1-28-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 4).
12. Amendment filed 5-20-2010; operative 7-1-2010 (Register 2010, No. 21).
§ 1998. Reporting Requirements Under Section 8516(h)(4).
If an inspection report is required pursuant to code section 8516(h)(4), a notice of work completed and not completed shall also be prepared and provided to the homeowner or his/her designated agent for any work recommended and performed pursuant to such report.
NOTE: Authority cited: Section 8525, Business and Professions Code. Reference: Sections 8516 and 8518, Business and Professions Code.
HISTORY
1. New section filed 10-29-70; designated effective 11-30-70 (Register 70, No. 44).
2. New NOTE filed 9-22-83; effective thirtieth day thereafter (Register 83, No. 39).
3. Amendment filed 3-23-87; effective upon filing pursuant to Government Code section 11346.2(d) (Register 87, No. 13).
4. Amendment of section heading, repealer of first paragraph and subsections (a)-(e), and amendment of subsection (f), including repealer of subsection (f) designator, filed 3-6-95; operative 4-5-95 (Register 95, No. 10).
5. Amendment filed 3-21-2006; operative 4-20-2006 (Register 2006, No. 12).
§ 1999.1. Suspension Period for Branch 3 Licenses. [Repealed]
NOTE: Authority cited: Sections 8525 and 8620, Business and Professions Code. Reference: Sections 8632 and 8652, Business and Professions Code .
HISTORY
1. New section filed 8-1-79; effective thirtieth day thereafter (Register 79, No. 31).
2. Repealer filed 3-6-95; operative 4-5-95 (Register 95, No. 10).
1999.5 STRUCTURAL PEST CONTROL BOARD Title 16
138
ARTICLE 6. Enforcement
§ 1999.5. False and Misleading Advertising.
It is the purpose of this regulation to protect the public from false, misleading, deceptive, or unfair representations or claims concerning structural pest control while enabling the public to receive truthful and legitimate information about those structural pest control products and services and the potential of these products and services to reduce impact to health or the environment.
(a) It is unlawful for any licensee, or any employee thereof, directly or indirectly to make, disseminate, represent, claim, state, or advertise, or cause to be made, disseminated, represented, claimed, stated or advertised by any manner or means whatever, any statement or representation concerning structural pest control, as defined in Business and Professions Code section 8505, which is unfair, deceptive, untrue or misleading, and which is known, or which by the exercise of reasonable care should be known, to be unfair, deceptive, untrue or misleading.
(b) As used in this section, the terms “make,” “disseminate,” “represent,” “claim,” “state,” or “advertise” and any of their variants include, but are not limited to any print communications (for example, telephone directories, newspapers, magazines or other publications or books, notices, circulars, pamphlets, letters, handbills, posters, bills, signs, placards, cards, labels, tags, vehicle or equipment signage, window displays, or store signs), electronic communication (for example, radio, television, audio or video tape, telephone, or the Internet), demonstration, direct person-to-person contact, or other means or methods now or hereafter employed to bring structural pest control services, methods, products, pesticides, or devices to the attention of the public for the direct or indirect purpose of performing or offering to perform services for which a license is required by section 8500 and following of the Code.
(c) As used in this section “the exercise of reasonable care” includes a duty to investigate the basis of any statement or representation to assure that the statement or representation is not unfair, deceptive, untrue or misleading. The
making of a statement or representation without knowledge of its truthfulness breaches the duty to investigate.
(d) Violation of this section occurs at the time an unfair, deceptive, untrue or misleading statement or representation is made. Once a violation occurs, subsequent disclosures, caveats, disclaimers, or waivers cannot eliminate it.
(e) The remedies or penalties provided by this section are cumulative to each other and to the remedies or penalties available under all other laws and regulations of this State.
1999.5 STRUCTURAL PEST CONTROL BOARD Title 16
139
(f) Examples of direct or indirect statements or representations which are unfair, deceptive, untrue or misleading include, but are not limited to, the following:
(1) any advertising in violation of Business and Professions Code sections 17200, and 17500;
(2) any statement or representation that misrepresents or fails to disclose an important or necessary fact about a pest control service, method, product, pesticide or device;
(3) any unfair, deceptive, untrue or misleading statement or representation about the effects of a pest control service, method, product or device;
(4) any expressed or implied statement or representation that one or a combination of pest control services, methods, products, pesticides, or devices is an alternative or substitute for, is comparable to, or is better than any other pest control service, method, product, pesticide, device, or combination thereof, if what is being compared provides different treatment coverage of a structure, including but not limited to differences in the extent that accessible and inaccessible areas can reasonably be treated, unless said differences in treatment coverage are clearly and conspicuously stated. This subsection (f)(4) shall only apply to Branch 3 activities;
(5) any representation that a service, method, product, pesticide, or device, or combination thereof, intended to treat infested wood in a structure, will be used to treat an entire structure for target pests if the service, method, product, pesticide, or device or combination thereof is not capable of treating all potentially infested wood in a structure including inaccessible areas. This subsection (f)(5) shall only apply to Branch 3 activities;
(6) any statement or representation that a pest control service, product, pesticide, or device or combination thereof offers a general environmental protection or benefit unless the statement or representation can be substantiated within the meaning of section 260.5 of title 16 of the Code of Federal Regulations (2008), hereby incorporated by reference, and is limited to the specific nature of the environmental or health benefit being asserted;
(7) any unfair, deceptive, untrue or misleading statement concerning the composition of a pest control service, method, product, pesticide or device;
(8) any unfair, deceptive, untrue or misleading statement concerning the effectiveness of a pest control service, method, product, pesticide or device;
(9) any unfair, deceptive, untrue or misleading statement about the value of a pest control product for purposes other than as a pesticide or pest control device;
(10) any unfair, deceptive, untrue or misleading comparison of pest control services, methods, products, pesticides or devices;
(11) any statement or representation that a pesticide or device is certified, sponsored, recommended, endorsed, or approved by any agency of the Federal
1999.5 STRUCTURAL PEST CONTROL BOARD Title 16
140
Government or the State of California, including but not limited to, “tested by the Department of the Interior,” “EPA approved,” “EPA registered,” “approved by the Structural Pest Control Board,” or “recommended by the Structural Pest
Control Board,” except that a statement or representation of this type is permissible if specifically authorized by the Federal or State agency to which it refers;
(12) a statement which is literally true but is used in such a way as to give an unfair, deceptive, untrue or misleading impression to the consumer;
(13) claims that a pesticide application, a pesticide or pesticide ingredients are safe, including statements such as “safe,” “nonpoisonous,” “non-injurious,” “harmless” or “nontoxic to humans and pets” with or without such a qualifying phrase as “when used as directed”;
(14) claims regarding services and products for which the licensee does not have substantiation in the form of tests, analysis, research, studies, or other evidence that was conducted and evaluated in an objective manner by persons qualified to do so, using procedures generally accepted by others in the profession or science to yield accurate and reliable results; and
(15) any statement or representation concerning structural pest control that is conditioned or subject to any requirement, condition, limitation, disclaimer or waiver, that is not immediately followed by a clear and conspicuous statement of said requirement, condition, limitation, disclaimer or waiver.
NOTE: Authority cited: Section 8525, Business and Professions Code. Reference: Sections 8648, 17200 and 17500, Business and Professions Code; and Section 260.5, title 16, Code of Federal Regulations (2008).
HISTORY
1. New article 6 (section 1999.5) and section filed 10-23-2001; operative 11-22-2001 (Register 2001, No. 43).
2. Change without regulatory effect amending subsection (f)(1) filed 9-24-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 39).
3. New introductory paragraph, amendment of subsections (b), (f)(4)-(6), (f)(11) and (f)(13), repealer of subsection (f)(14), subsection renumbering and amendment of Note filed 7-17-2009; operative 8-16-2009 (Register 2009, No. 29).