32-2323
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32-2323. Wood-destroying insects; treatment proposal; registration form; fee A. A business licensee shall not commence work on a contract or sign, issue or deliver any documents expressing an opinion or making a statement relating to the presence or absence of wood-destroying insects in a structure until an inspection is made. B. Only an applicator or qualifying party licensed in the categories of wood-destroying insect management and wood-destroying insect inspection shall prepare a treatment proposal on a form approved by the acting director and shall deliver a copy of the treatment proposal to the person requesting the proposal, or the person's designated agent, before beginning treatment. The treatment proposal shall include the following information: 1. The address of the property to be treated. 2. A statement describing that the work is preventative or corrective. 3. A statement describing the evidence of infestation or damage. 4. A diagrammatic description showing the nature and location of evidence of infestation or damage, or both, if applicable. 5. A statement describing the treatment or repair method, including the name of the pesticide, agent or device to be used and a diagrammatic description showing where the treatment or repair will be rendered. 6. The price for the work. 7. The terms for the service agreement provided by the business licensee. 8. The signature and license number of the person who made the inspection of the structure to be treated. C. A licensee shall also give to the person requesting a proposal a written recommendation that verifies a particular problem and, in addition to the licensee's recommendation for treatment, shall advise the person of alternative treatments and methods, including integrated pest management methods to alleviate the problem. D. A treatment proposal shall not be in the same form or be construed as a wood-destroying insect inspection report. A treatment proposal that does not identify infestation by wood-destroying insects is not a binding statement as to the presence or absence of wood-destroying insects. E. A treatment proposal shall be prepared by a licensed applicator or qualifying party who has received at least five hours of instruction from the office or an in-house education program of a business licensee on the subject of wood-destroying insect inspections. An examination on the instruction is not required. The business licensee shall keep a record of completion of the training and shall make the record available on the acting director's request. F. If a business licensee performs a treatment pursuant to a treatment proposal, the business licensee shall maintain for five years a record of the treatment and the name and quantity of the pesticide used. G. Within thirty calendar days after completion of a termite treatment or on the next business day after the thirty calendar days, a business licensee shall file with the office in a form or format approved by the acting director a complete and accurate termite action registration form and a fee as prescribed by the acting director. The termite action registration form shall include information prescribed in section 32-2321, subsection C, paragraph 11 and this section. This subsection only applies to the following: 1. Any treatments done before or during construction, including final grade treatments. 2. The first preventative or corrective termite treatment by a business licensee to a site. If the business licensee who performed this termite treatment performed the before or during construction treatment at the same site and filed a termite action report form with the office documenting the before or during construction treatment, the business licensee is exempt from this paragraph. 3. A wood-destroying insect inspection report. |