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Pest Control

STRUCTURAL PEST CONTROL
STATE OF CALIFORNIA
DEPARTMENT OF CONSUMER AFFAIRS
Structural Pest Control Board
STRUCTURAL PEST CONTROL INSPECTIONS

Frequently asked questions regarding:

1. Q. UNDER WHAT CONDITIONS IS A PEST CONTROL INSPECTION REPORT REQUIRED?

A. Although the State of California regulates structural pest control firms, it does not require an inspection report prior to the sale of property. However, financial institutions usually require the report to ensure that the building is structurally sound. This requirement protects their investments and provides the home buyer with an inexpensive safeguard against the cost of structural pest control repair and treatment. Regardless of the condition of the home at the time of sale, a home buyer is advised to arrange for a structural pest control inspection anyway. The cost of an inspection is minimal compared to the cost of repairing undetected pest damage that may run in the thousands of dollars.

2. Q. WHAT ARE THE RIGHTS OF THE BUYER WITH REGARD TO STRUCTURAL PEST INSPECTION REPORTS AND STRUCTURAL PEST CONTROL TREATMENT?

A. When a structural pest control company is hired, it is accountable to both the buyer and seller, regardless of who pays for the inspection. It is required to furnish the person who ordered the inspection with a copy of the report within five days. Under section 1099 of the Civil Code, the seller must deliver a copy of the report to the buyer. A copy can also be obtained through escrow.

If there is any question about the report, the buyer should contact the company that performed the work. If is advisable that the buyer always order his or her own inspection.

3. Q. WHAT INFORMATION MUST BE INCLUDED ON THE INSPECTION REPORT?

A. The Structural Pest Control Act requires that all structural pest control companies in California use a standardized inspection report form. A sample of the report is at the back of this brochure. The inspection report identifies wood-destroying pests or organisms or conditions likely to cause pest infestation or infection, and the areas where structural damage and other problems exist. Recommendations are also made for treatment or repair.

Normally, only the main structure of the property is inspected, but an inspection may be made of other wooden structures detached from the house at the owner’s request.

A diagram on the inspection report must detail every part of the house checked for signs of infestation or infections. The report must also state which areas have been inspected and which areas have not been inspected important to make sure the inspector understands what structures you want inspected and be sure these areas were inspected. If you did not order the report, be sure to check if the report is a limited or complete report before accepting it. For real estate transfers, a complete structural pest inspection report is preferable.

Conditions considered likely to lead to pest infestation are also indicated on the inspection report. These include conditions caused by excessive moisture, earth-wood contacts, and faulty grade levels above the foundation.

4. Q. WHAT AREAS ARE CONSIDERED TO BE INACCESSIBLE ON THE INSPECTION REPORT?

A. Those areas which cannot be inspected without opening the structure or removing the objects blocking the opening are considered inaccessible. Attics without adequate crawl space, slab foundations without openings to bathroom plumbing, floors covered by carpeting, wall interiors and locked storage areas are the most common inaccessible areas.

The pest control inspector must list all inaccessible areas and the specific reasons why they are not inspected. Careful attention should be paid to these areas as there may be structural pest problems which cannot be detected without further inspection. The report will recommend whether or not further inspection is appropriate.

5. Q. DO ALL RECOMMENDATIONS LISTED ON AN INSPECTION REPORT HAVE TO BE COMPLETED PRIOR TO THE SALE OF THE HOME?

A. There is no law requiring that any recommendation listed on a report must be completed. However, many financial institutions require that both the inspection and recommendations be completed prior to the close of escrow. If it is not required, the buyer should be aware of recommendations which have not been completed before purchasing the home. Structural pest control companies are required to complete a Notice of Work Completed and Not Completed when any work is done on a structure. A sample of this form is included at the back of information

6. Q. IF TWO INSPECTION REPORTS ARE FILED ON THE SAME STRUCTURE WITHIN A REASONABLY CLOSE PERIOD, SHOULD THEY BE NEARLY IDENTICAL?

A. There are three parts of an inspection report – findings, recommendations and estimates. Findings should be similar, no matter which company performs the inspection, though minor differences are not uncommon. Any major differences, such as one company failing to report an active infestation while the other company reports one, should be brought to the attention of both companies. If their explanations are not satisfactory, the Structural Pest Control Board should be contacted for assistance.

Recommendations made by structural pest control companies can differ considerably since there are different ways to repair structural pest damage or correct conditions. The disparity may be due to differences in the inspector’s professional judgement.

Estimates to correct the problems and/or conditions identified by the inspection report may vary widely. A specific price for each recommendation must be given. The Structural Pest Control Board does not regulate or control prices in any way.

7. Q. HOW LONG IS AN INSPECTION REPORT CONSIDERED VALID, AND ARE COMPANIES REQUIRED TO CERTIFY THEIR INSPECTION AND/OR WORK?

A. Under the Structural Pest Control Act, there is a two year statute of limitation on all Inspection Reports and Notices of Work Completed and Not Completed. This means all complaints against licensees must be filed with the board within two years after the date of inspection or completion of recommendations. Companies are not responsible for conditions which develop after the date of an inspection. For that reason, it is advisable for the buyer to obtain an inspection report as close as possible to the close of escrow. If the seller orders the report, it is advisable to obtain it when the house is listed so that repairs may be completed before the start of escrow.

Structural pest control companies are required to certify their inspection and/or work if requested by the person ordering the report. They will certify that either: I ) the inspection disclosed no evidence of active infestation or infection by pests or wood-destroying organisms; 2) the inspection disclosed active infestation or infection that has been corrected; or 3) the property is free of pest infestation or infection, except for specified areas indicated.

Every completion report should be compared with a copy of the inspection report to determine if there are any conditions which have not been corrected.

The report and any contract entered into shall state specifically when any guarantee for the work is made, and the specific terms of the guarantee.

8. Q. HOW CAN A CONSUMER TELL IF A HOUSE HAS BEEN INSPECTED BEFORE OR IF ANY WORK HAS BEEN COMPLETED?

A. Every time a structural pest control company makes an inspection for wood-destroying pests or organisms, it must post a tag in the attic, sub-area or garage. The tag contains the firm’s name and the date of the inspection. A similar tag must be posted next to the inspection tag when the company completes any work. in addition to the firm’s name and the date of the completion, this tag must indicate any pesticides used.

The structural pest control company must also note on an inspection report the location of the inspection tag as well as the presence of any other inspection tag or fumigation tag that is less than two years old.

Anyone who wishes to know if there are additional inspection reports or completion notices on a property may contact the Structural Pest Control Board where copies of any inspection reports or completion notices dated within the last two years may be obtained for a $2 search fee.

9. Q. WHAT RECOURSE DOES A CONSUMER HAVE IF DISSATISFIED WITH THE SERVICES OF THE PEST CONTROL COMPANY?

A. After reading this information, contact the company with whom you are dissatisfied and explain your problem. If the company does not resolve the problem to your satisfaction, you can

contact the Structural Pest Control Board for additional information or assistance by telephoning:

(916) 561-8700

Or you may send the complaint form included in this brochure to:

Structural Pest Control Board
Complaint Unit
1430 Howe Avenue
Sacramento, CA 95825

The Structural Pest Control Board will first try to mediate your complaint. if this does not result in a satisfactory solution and further investigation is warranted, the property may be inspected by a Board specialist. However, even if an investigation results in a license suspension or revocation, the Board cannot guarantee that you will receive any restitution. You may still have to take civil action.

The Structural Pest Control Board regulates all persons who perform structural pest control work by issuing licenses and bringing disciplinary action against licensees who fail to conform to the Structural Pest Control Act or engage in unethical practices.

The Board is composed of seven members, three representatives from the structural Pest control industry and four representatives from the ‘public. The Board meets regularly to act on disciplinary cases, issue rules, and make policy governing the structural pest control industry in California.

There are over 8,300 structural pest control licensees in California, all of whom successfully met state licensing requirements in at least one of the three branches of pest control work: Branch 1, Fumigation; Branch 2, General Household Pest; and Branch 3, Termites and other wood-destroying pests and organisms.

Though each branch requires a different examination, a licensee may hold a license in more than one branch. Branch 3 licensees are responsible for the Standard Structural Pest Control Inspection Report and Notice of Work Completed and Not Completed.

Branch 3 licensees are required to perform recommendations as outlined on inspection reports following guidelines required by the Structural Pest Control Board. Any questions on these guidelines may be referred to the Board.

This information attempts to answer the most common questions asked by the public regarding the structural pest control inspection report.

The information included here is correct as of July 1987. It should help you quickly answer most questions you have about an inspection report.

FUMIGATION FOR PEST CONTROL

1. Q. WHAT IS FUMIGATION?

A. Fumigation is a method of using a lethal gas to exterminate pests within an enclosed space.

There are two methods of performing a fumigation. One is to seal the structure with plastic, tape or other sealing materials, and the other is by enclosing the structure in a “tent” of vinyl-coated nylon tarpaulins.

2. Q. HOW CAN I TELL if MY HOUSE HAS BEEN FUMIGATED?

A. Since 1961, the law requires that upon completion of a fumigation, a sign indicating the name of the licensee, the date of the fumigation and the type of fumigant used be Posted by the fumigator in either the attic or in the sub-area of a house. These tags are to be affixed permanently and should not be detached.

3. Q, WHAT PREPARATIONS MUST BE TAKEN BEFORE A HOUSE IS FUMIGATED?

A. All persons, pets and plants must be removed from the structure prior to fumigation. (This includes fish and seeds or bulbs intended for planting). Medicines, feed, and food not sealed in metal, glass or highly resistant containers must be removed from the structure or sealed in protective bags as recommended by the fumigant manufacturer. Your fumigator should be asked any questions you have on this subject.

4. Q. HOW LONG DOES A FUMIGATION TAKE?

A. The length of time required for a fumigation varies. A fumigation can take anywhere from 6 hours to one week depending on the type of infestation, dosage, temperature, size of the Structure and other factors.

5. Q. WHAT DOES THE FUMIGANT SMELL LIKE?

A. Structural fumigants are odorless. Therefore, a warning agent such as chloropicrin (tear gas) must be released within the structure at the time the fumigation begins. The chloropichn will act as a warning agent during the entire fumigation process.

6. Q. WHEN DRY WOOD TERMITES OR WOOD BORING BEETLES ARE FOUND, MUST THE STRUCTURE ALWAYS BE FUMIGATED?

A. No, fumigation is not always a required method of treatment for dry-wood termites and wood boring beetles. In some instances, the infestations may be eliminated o,’ local applications; and it is up to the inspector to determine the type of treatments necessary on a case by case basis. if treatments, other than fumigation are recommended, you should be aware that the localized treatments will not provide eradication of other hidden infestations in the building.

7. Q. WILL FUMIGATION ELIMINATE ALL THE TERMITES AND PESTS IN THE STRUCTURE?

A. No, subterranean termites require separate treatments to create a barrier between the structure and their nest in the ground. Under optimum conditions, the target pest will be dead or obviously dying by the end of the fumigation. It is possible that in some instances, dry-wood termites remain alive as long as a week after receiving a lethal dose of fumigant.

Lethal dose requirements vary for different pests depending on the type of fumigant used. It is entirely possible for pests to survive a fumigation with the dosage used for drywood termites.

Drywood termites and some wood destroying beetles generate small pellets or dust that remain in the tunnels after the insects are killed. You may continue to notice these signs after a fumigation. It does not necessarily mean the fumigation failed. If you have any questions about the success of your treatment, contact your pest control company. Since fumigants have no residual effect, other household pests such as ants, spiders, cockroaches, etc. can reinfest after a fumigation.

8. Q. HOW ARE OCCUPANTS OF A STRUCTURE NOTIFIED THAT A FUMIGATION WILL BE DONE?

A. Before a structural pest control company applies notice that has been signed by the occupants or designated agent of a structure. This form must state that a lethal gas will be used in the building on indicated dates. It must also state that it is unsafe to return to the building until a notice of re-entry is posted by the licensee in charge of the fumigation. The occupant should receive a copy of the occupant fumigation notice.

9. Q. HOW CAN A CONSUMER FIND OUT WHAT FUMIGANTS WERE USED ON HIS/HER PROPERTY?

A. Before a structural pest control operator applies a fumigant, he must inform the owner or owner’s agent and tenant of the fumigants proposed to be used and their active ingredients. Also, this notification must alert the consumer to call his/her physician and structural pest control company if he/she experiences symptoms similar to a common seasonal illness such as the flu within 24 hours and give any other symptoms of over exposure which are not typical of flu.

The name of the fumigant used will be entered on the notice of re-entry that will be posted on the door. This is in addition to the fumigation tags that will be permanently affixed in the subarea and/or attic. (See Item 2.)

10. Q. WHO CAN ENTER A STRUCTURE WHILE IT IS BEING FUMIGATED?

A. The chemicals used in fumigations are lethal! Exposure to fumigants in a structure being fumigated, for even a few minutes, will result in death or serious injury. Therefore, absolutely no one can enter a structure until it has been certified safe for re-entry by the licensee in charge of the fumigation.

To ensure that even the owner or tenant cannot re-enter a structure, the company is required to put a secondary lock on all outside doors that only the company can open. These locks can be any device such as padlock, keyway lock or deadbolts from the inside which will prevent opening by anyone but the licensee in charge.

11. Q. HOW WILL THE CONSUMER KNOW WHEN IT IS SAFE TO MOVE BACK INTO A HOME WHICH HAS JUST BEEN FUMIGATED?

A. The fumigator is required to post a re-entry notice on the property at the time the structure is actually cleared safe for occupancy. The notice states that the building is safe for re-entry giving the date and time that the building was released, the name of the structural pest control company issuing the notice and its license and telephone numbers.

12. Q. WHAT SHOULD A CONSUMER DO IF PHYSICAL DISCOMFORT IS EXPERIENCED IMMEDIATELY FOLLOWING A FUMIGATION?

A. If within 24 hours following application you experience headaches, dizziness, nausea, tearing, coughing, nose and throat irritation or develop shortness of breath, double vision, unusual drowsiness and weakness, or tremors, leave the fumigated structure and contact your physician or poison control center and the structural pest control company immediately.

The consumer should also contact the Structural Pest Control Board by telephone (see Question No. 13 for the telephone numbers) to report the incident.

13. Q. WHAT RECOURSE DOES A CONSUMER HAVE IF DISSATISFIED WITH THE SERVICES OF A STRUCTURAL PEST CONTROL COMPANY?

A. After reading the information in this brochure, contact the company with whom you are dissatisfied and explain your problem. If the company does not resolve the problem to your satisfaction, you can contact the Structural Pest Control Board for additional information or assistance by telephoning:

(213)897-7838 – Los Angeles

(415)557-9114 – San Francisco

(916)263-2533 – Sacramento

Or by writing to:

Structural Pest Control Board
Complaint Unit
1422 Howe Avenue, Suite 3
Sacramento, CA 95825-3280

The Structural Pest Control Board will first try to mediate your complaint. If this does not result in a satisfactory solution and further investigation is warranted, the property may be inspected by a Board specialist. However, even if an investigation results in a license suspension or revocation, the Board cannot guarantee that you will receive any restitution. You may still have to take legal action to obtain restitution.

The Structural Pest Control Board regulates all persons who perform structural pest control work by issuing licenses and bringing disciplinary action against licensees who fail to conform to the Structural Pest Control Act or engage in unethical business practices.

The Board is composed of seven members, three representatives from the structural pest control industry and four representatives from the public. The Board meets regularly to act on disciplinary cases, issue rules, and make policy governing the structural pest control industry in California.

All structural pest control Iicensees in California successfully met state licensing requirements in at least one of the three branches of post central work: Branch 1, Fumigation; Branch 2, General Household Pest; and Branch 3, Termites and other Wood-destroying Pests and Organisms, and Wood Roof Cleaning and Treatment. Though each category requires a different examination, a licensee may hold a license in more than one category.

HOUSEHOLD PEST CONTROL

>1. Q. WHAT ARE CONSIDERED GENERAL HOUSEHOLD PESTS?

A. Household pests are pests other than wood-destroying pests (termites, powderpost beetles, etc.) or organisms (fungus) which invade households and other structures. Common household pests are rodents, ants, fleas, cockroaches, spiders, weevils and moths.

2. Q. IF A COMPANY IS REGISTERED, DO THE EMPLOYEES HAVE TO BE LICENSED?

A. The person who negotiates the contract with you and inspects the property to identify the pest to be controlled, must be licensed. After this has been done, the company can authorize an unlicensed person to submit bids and/or sign the contract.

The person who applies the pesticide must either be licensed or have passed. a pesticide applicator examination.

Ask to see proof that these people are properly licensed or certified. A licensee usually carries an identification card issued by this Board which states that he/she is licensed as a field representative or operator, giving the expiration date of the license and a code number indicating the branch in which the license is held. The code numbers authorizing a person to do Branch 2-General Household Pests are 2, 4, 6 or 7. A certified applicator is issued an applicator certificate.

If you want further verification of the company’s registration or any employee’s license, you may contact the Structural Pest Control Board. (See question No. 6 for the telephone numbers).

3. Q. HOW CAN A CONSUMER FIND OUT WHAT PESTICIDES ARE USED ON HIS/HER PROPERTY?

A. Prior to the initial service where a structural pest control company applies a pesticide for control of general household pests at a structure, it must inform the owner, or owner’s agent, and tenant of the pesticides) proposed to be used and the active ingredients).

This pesticide notification must be delivered prior to the application of pesticides. It may be on a door hanger, invoice, billing statement or any other similar written document which contains the company’s name, address and telephone number.

4. Q. CAN ANY INTERESTED PERSON FIND OUT WHAT PESTICIDE WAS APPLIED AT A PARTICULAR STRUCTURE?

A. Yes, if a structural pest control company applies a pesticide at a particular structure, it must provide the common, generic or chemical name of each pesticide used to any person who asks. This information must be given within 24 hours of the request.

5. Q. WHAT SHOULD A CONSUMER D0 IF PHYSICAL DISCOMFORT IS EXPERIENCED IMMEDIATELY FOLLOWING A PESTICIDE APPLICATION?

A. If within 24 hours following application a consumer experiences symptoms similar to common seasonal illness comparable to the flu, he or she should contact his or her physician or poison control center and his or her structural pest control company immediately.

For further information, contact any of the following: The Structural Pest Control Company; for health questions – the County Health Department; for application information-The County Agricultural Commissioner; and for regulatory information-the Structural Pest Control Board (see question number 6 for the telephone numbers) to report the incident. if there is still physical evidence (such as odor) in the structure, the Board will refer the problem to the appropriate agency.

6. Q. WHO SHOULD BE CALLED IF THERE IS A QUESTION OR COMPLAINT ABOUT A STRUCTURAL PEST CONTROL COMPANY?

A. After reading the information in this brochure, contact the company with whom you are dissatisfied and explain your problem. if the company does not resolve the problem to your satisfaction, you can contact the Structural Pest Control Board for additional information or assistance by telephoning:

(213) 620-2255-Los Angeles

(415) 557-9114-San Francisco

(916) 920-6323-Sacramento

Or writing to:

Structural Pest Control Board
Complaint Unit
1430 Howe Avenue
Sacramento, CA 95825

The Structural Pest Control Board will assist you in trying to resolve your complaint. However, even if your complaint results in a license suspension or revocation, the Board cannot guarantee that you will receive any restitution. You may still have to take civil action.

DRYWOOD TERMITES Scientific Names:Incisitemes minor (Hagen)-Westem Drywood Termite

Incisitermes snyderi (Light) – Southeastern Drywood Termite

Marginitermes hubbardi (Banks) – Southern Drywood Termite

Description: For general description, see darnpwood termite. Drywood termite swarmers are dark- brown with smoky-black wings that have black veins. They are 7/16-inch long and have red-brown heads and thoraxes. The nymphs are creamy-white with yellow-brown heads. The soldiers have large, rectangular, redbrown heads with massive jaws and light colored bodies.

Biology: Drywood termites are found mainly in the southern United States including the Southwest. They are, however, reported periodically in the more northern states when wood they are infesting is moved into these areas. They cannot maintain these colonies in unheated structures. Drywood termites can establish a colony in totally non-decayed wood and maintain residence as long as the wood lasts.

The male and female swarmer reproductives select a suitable nest location, usually an attic, after losing their wings and bore about four inches into the wood. They seal themselves in this cavity and begin to raise the first batch of nymphs. The nymphs begin to enlarge the burrow after hatching, serving the colony as the worker caste. After seven molts they become either adult reproductives or soldiers. Drywood termite development is relatively slow compared to other termites. They develop slowly as a colony. Drywood termite colonies are generally very small compared to those of subterranean colonies.

Drywood termite colonies are usually betrayed by the piles of grooved fecal pellets that collect below “kick out” holes. These pellets have six grooves and are slightly less than 1/16-inch long. The presence of drywood termites is also exposed when the swarmers emerge on warm, sunny days in the fall.

Control: A thorough inspection for termites in areas where drywood termites exist includes an examination of the attic areas that these insects tend to infest. They are often detected by the presence of fecal pellets. The galleries of an existing colony can be treated with insecticides such as bendiocarb, boric acid, chlorpyrifos, or propoxur. Drywood colonies are most effectively controlled using fumigants, such as sulfuryl fluoride or methyl bromide. The former has less hazard of damaging household articles containing sulfur and it causes the least number of problems.

Houses may be pretreated for protection from dry-wood termite infestation using silica gel dusts applied to attics and other areas where these insects might invade

SUBTERRANEAN TERMITES Scientific Names: Reticulitermes flavipes Kollar – Eastern Subterranean Termite

Reticulitennes hesperus Banks – Western Subterranean Termite

Description: For general description, see dampwood termite. The winged reproductives of subterranean termites are black, flattened, and about ½-inch long. The workers are wingless, about

1/4-inch long, and white with a round, yellow-brown head. The soldiers are also wingless and have white bodies and large, rectangular, yellow-brown heads with large mandibles (jaws).

Biology: The eastern subterranean termite is a common wood destroyer in the eastern United States, whereas the western subterranean termite is common along the Pacific Coast into Idaho and Nevada. Subterranean termite colonies are established by winged reproductives. A male and female that have swarmed from an established colony lose their wings and seek a dark cavity in which they mate and raise the first group of workers. Both these reproductives feed on wood, tend the eggs, and build the initial nest. After the workers mature they take over expanding the colony and feeding the reproductives. As the colony gets larger, light colored supplementary reproductives are produced and lay eggs which become workers. The soldiers are also produced as the colony increases in size and are responsible for repelling invading ants or other predators.

Subterranean termite colonies are usually located in the soil, from which the workers build mud tubes to the wood in structures on which they feed. Subterranean termite colonies are always either connected to the soil or close to a moisture source. Termites can digest the cellulose in wood with the aid of special organisms in their guts. The workers prefer to feed on fungus-infected wood, but can feed equally well on undamaged wood. The workers secrete food materials from their mouths and anuses that they use to feed the reproductives and soldiers.

Control: Subterranean termite infestations may be unnoticed until the winged reproductives “swarm” from the structure. The presence of swarmers is a good sign that a large, well-established colony is in the house or its immediate vicinity. A thorough inspection is necessary to determine the severity of the infestation and the location of the routes of entry used by the termites. Subterranean termites will betray their presence with mud tubes built over foundations or support piers or from the soil up to infested lumber. It is also necessary to sound structural timbers with a screwdriver or other sharp instrument to find galleries excavated inside the wood.

The overriding goal in subterranean termite control is to provide a barrier between the colony in the soil and the wood in the structure to be protected. This barrier can be provided by using mechanical alteration of the structure, termite proofed building materials, and insecticidal barriers. Most subterranean termite control jobs will use a combination of the above methods, but soil treatment with long residual insecticides to provide a chemical barrier is the most commonly used control or prevention method. Chlorpyrifos, cypermethrin, fenvalerate, isofenphos, and permethrin are the most commonly used soil insecticides. The galleries excavated in wood can be treated with bendiocarb, boric acid, chlorpyrifos, or propoxur to provide temporary control of workers and winged reproductives in these localized areas. With bendiocarb, boric acid, chlorpyrifos, or propoxur to provide temporary control of workers and winged reproductives in these localized areas.

Photograph

U.S. Borax Service Bulletin 200 & Specimen Label

TECHNICAL INFORMATION TIM-BOR is an EPA registered insecticide for use by professional Pest Control Operators. TIM- BOR is a unique product for the protection and remedial treatment of wood against all wood destroying organisms. TIM-BOR is a white powder that readily dissolves in water and is applied as a 10% solution to wood. There is no change to the wood’s appearance, no unpleasant odors and there are no hazardous solvents to use. The TIM-BOR treatment provides permanent protection because the active ingredient, Disodium Octaborate Tetrahydrate, does not break down.

TIM-BOR solutions are: easy to prepare, handle and apply

not corrosive to most metals

§ very low acute toxicity

§ easily washed off with soap and water

§ not absorbed through the skin

§ highly toxic to wood destroying pests

TIM-BOR Controls Wood Destroying Organisms Including: Powder Post Beetles Lyctidae and Anobiidae

Old House Borers Cerambycidae

Flat Headed Borers Buprestidae

Subterranean TermitesReticulitermes, Coptotermes, Heterotermes

Drywood Termites Kalotermes and Incisitermes

Dampwood Termites Zootermopsis spp.

Carpenter Ants Camponotus spp.

Decay Fungi Brown (including Poria spp., White and Wet Rots)

TITLE 16 § 1980. Sodium Fluoracetate-Compound 1080. NOTE:Authority cited: Sections 8525 and 8643, Business and Professions Code. Reference: Sections 8643 and 8647, Business and Professions Code.

HISTORY:

Amendment filed 7-3-80; effective thirtieth day thereafter (Register 80, No. 27).

Repealer filed 9-22-83; effective thirtieth day thereafter (Register 83, No. 39).

§ 1981. Rodenticides and Avicides. NOTE:Authority cited: Sections 8520, 8525 and 8643, Business and Professions Code. Reference: Sections 8643 and 8647, Business and Professions Code.

HISTORY:

Amendment filed 7-5-80; effective thirtieth day thereafter (Register 80, No. 27).

Amendment of subsection (e) filed 6-3-81; effective thirtieth day thereafter (Register 81, No. 23).

Repealer filed 9-22-83; effective thirtieth day thereafter (Register 83, No. 39).

§ 1982. Insecticides.

NOTE:Authority cited: Sections 8525 and 8643, Business and Professions Code. Reference: Sections 8643 and 8647, Business and Professions Code.

HISTORY:

Amendment filed 7-5-80; effective thirtieth day thereafter (Register 80, No. 27).

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 I and 5, Chapter 2, Division 7 of the Food and Agriculture Code (relating to economic poisons) and regulations adopted by the Department of Food and Agriculture thereunder.

(b) Servicemen’s 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.

(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 pesticide the bait station shall be adequately marked with the signal word or symbols required on the original pesticide label, the generic name of the pesticide, and the name, address and telephone number of the structural pest control company. A building which is vacated, posted, locked and in the care, custody and control of the registered company shall be considered the bait station.

NOTE: Authority cited: Section 8525, Business and Professions Code. Reference: Sections 8643 and 8647, Business and Professions Code.

HISTORY:

Amendment filed 7-5-80; effective thirtieth day thereafter (Register 80, No. 27).

Amendment filed 9-22-83; effective thirtieth day thereafter (Register 83, No. 39).

Amendments 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).

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 paragraphs .1-9, inclu sive, of subdivision (b) of 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) Structural members found to be structurally weakened 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 sub areas 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) 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: Finished interiors; inaccessible attics or portions thereof; the 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.

(d) 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.

NOTE:Authority cited: Sections 8525 and 8538(c), Business and Professions Code. Reference: Sections 8516 and 85M, Business and Professions Code.

HISTORY:

Amendment of subsections (h), (I), 0) 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.

Amendment filed 5-22-75; effective thirtieth day thereafter (Register 75, No. 21).

Amendment filed 5-19-78; effective thirtieth day thereafter (Register 78, No. 20).

Amendment of subsection (k) filed 5-8-80; effective thirtieth day thereafter (Register 80, No. 19).

Amendment filed 9-22-83; effective thirtieth day thereafter (Register 83, No. 39).

Amendment of subsection (a) filed 6-17-85; effective thirtieth day thereafter (Register 85, No. 25).

§ 1991. Report Requirements Under Section 8516(b)9. (a) Recommendations for corrective measures for the conditions found shall be made as required by paragraph 9 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) Clean the subarea of 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) Replace or reinforce structural members which appear to

be structurally weakened by wood-destroying pests or organisms. Wood structurally weakened by fungus shall be removed. Correct the adverse moisture condition.

(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.

(8) Exterminate all reported wood-destroying pests. 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:

exposing the infested area(s) for local treatment,

removing the infested wood,

using another method of treatment which exterminates the infestation. When a complete inspection is performed, a recommendation shall be made to remove or cover all accessible evidence of wood-destroying pests, for example, pellets, frass, beetle holes.

When a limited inspection is performed, the inspection report shall state that the inspection is limited to the area(s) described and diagrammed. If a recommendation is made for treatment of wood- destroying pests, a separate recommendation shall be made for the evidence of such pests to be removed or covered 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.

(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, recommen dations shall be made to open the wall or area.

(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) When recommendations are made to correct conditions set forth as required by paragraphs 6 to 8 inclusive of subdivision (b) of Section 8516 of the Code, such recommendations shall not be labeled other than corrective. Under no circumstances shall the same be labeled as preventive.

NOTE:Authority cited: Section 8525, Business and Professions Code.

Reference:Section 8516, Business and Professions Code.

HISTORY:

Amendment filed 9-16-59; effective thirtieth day thereafter (Register 59, No. 16).

Amendment filed 5-19-64; designated effective 9-1-64 (Register 64, No. I 1).

Amendment of subsections (a) (3), (9) and new (b) filed 1-2-68; effective thirtieth day thereafter (Register 68, No. 1).

Amendment filed 12-27-73; designated effective 3-1-74 (Register 73, No. 52).

Amendment of subsection (a) filed 5-8-80; effective thirtieth day thereafter (Register 80, No. 19).

Amendment filed 7-3-80; effective thirtieth day thereafter (Register 80, No. 27).

Editorial correction of subsection (a) (12) (Register 80, No. 36).

Amendment of subsection (a) (12) filed 9-22-83; effective thirtieth day thereafter (Register 83, No. 39).

Amendment of subsection (a) (8) filed 2-13-87; effective thirtieth day thereafter (Register 87, No. 8).

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).

Repealer of subsection (a) (8) and new subsections (a) (8) (A) – (C) filed 3-30-92; operative 4-29-92 (Register 92, No. 15).

§ 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:

New sections filed 9-16-59; effective thirtieth day thereafter (Register 59, No. 16).

Amendment filed 5-19-64; designated effective 9-1-64 (Register 64, No.II).

Amendment filed 9-22-83; effective thirtieth day thereafter (Register 83, No. 39).

Amendment filed 9-20-90; operative 10-20-90 (Register 90, No. 44).

Amendment filed 12-7-92; operative 1-19-93 (Register 92, No. 51).

1993. Supplementary Reports. All supplementary reports, as required by Section 8516(b) (8) of the code shall indicate the absence or presence of wood destroying pests or organisms or conditions conducive thereto and shall be on the form prescribed by the board and filed with the board with stamps affixed. A licensee shall refer to the original report in such a manner to identify it clearly.

NOTE:Authority cited: Section 8323, Business and Professions Code.

Reference:Section 8316, Business and Professions Code.

HISTORY:

New section filed 9-16-59; effective thirtieth day thereafter (Register 39, No. 16).

Amendment filed 5-19-64; designated effective 9-1-64 (Register 6.4, No. I 1).

Amendment filed 9-22-83; effective thirtieth day thereafter (Register 83, No. 39).

§1994. Limited Inspection Reports. If a report is made on only part of a structure then it must be designated as a limited report. Such a report shall have a diagram of the area inspected and shall specifically indicate which portions of the structure were inspected and the name of the person recommend and enter into a contract for the eradication or control of pests within the scope of its branch registration, provided it subcontracts in writing the actual performance of the work to a registered company which holds a branch registration authorizing the particular method to be used.

A registered company may in writing subcontract any pest control work for which it is registered in any branch or branches to a registered company holding a valid branch registration to do such work. Nothing herein contained shall permit or authorize any registered company to perform, attempt to perform, advertise or hold out to the public or to any person that it is authorized, qualified or registered to perform, pest control work in any branch, or by any method, for which it is not registered.

Subcontracting of work, as permitted herein, shall not relieve the prime contractor or the subcontrac tor from responsibility for, or from disciplinary action because of, any act or omission on its part, which would otherwise be a ground for disciplinary action.

(Amended by Stats. 1989, C. 577)

CODE 8515. Signing Contracts. Nothing in this chapter shall prohibit a company registered hereunder from authorizing an officer, partner, or employee to submit bids, after an inspection by an individual licensed under this act, or to sign contracts after negotiation by an individual licensed under this act, on behalf of the registered company.

(Amended by Stats. 1985, C. 1348)

8516.Wood Destroying Pests or Organisms; Inspection and Report; Guarantees; Control Service;

Operative Date of Section. (a) This section and Section 8519 ‘ apply only to wood destroying pests or organisms, but do not apply to work conducted pursuant to Section 8516.1.

(b) No registered company or licensee shall commence work on a contract, or sign, issue, or deliver any documents expressing an opinion or statement relating to the absence or presence of wood destroying pests or organisms until an inspection has been made. The registered company shall retain for three years all field reports from which a verbal or written estimate of or solutions for work are made. A written inspection report conforming to this section and on a form prescribed by the board shall be prepared and delivered to the person requesting the inspection or to the person’s designated agent. A copy of each report shall be filed with the board at the time the report is delivered or not later than five working days after the date the inspection is made. The report shall be delivered to the person requesting the inspection, or to the person’s designated agent, before work is commenced. The following shall be set forth in the report:

(1) The date of the inspection and the name of the licensee making the inspection.

(2) The name and address of the person or firm ordering the report.

(3) The name and address of any person who is a party in interest to whom the board is to send certified copies of inspection reports and completion notices as provided in subdivision (I). (4)The address or location of the property.

(5) A general description of the building or premises inspected.

(6) A foundation diagram or sketch of the structure or structures or portions of the structure or structures inspected, indicating thereon the approximate location of any infested or infected areas evident, and the parts of the structure where conditions which would ordinarily subject those parts to attack by wood destroying pests or organisms exist.

(7) Information regarding the substructure, foundation walls and footings, porches, patios and steps, air vents, abutments, attic spaces, roof framing that includes the eaves, rafters, fascias, exposed timbers, exposed sheathing, ceiling joists, and attic walls, or other parts subject to attack by wood destroying pests or organisms. Conditions usually deemed likely to lead to infestation or infection, such as earth contacts, excessive cellulose debris, faulty grade levels, excessive moisture conditions, evidence of roof leaks and insufficient ventilation are to be reported.

(8) One of the following statements, as appropriate, printed in bold type:

(A) The exterior surface of the roof will not be inspected. If you want the water tightness of the roof determined, you should contact a roofing contractor who is licensed by the Contractors’ State License Board.

(B) The exterior surface of the roof was inspected to determine whether or not wood destroying pests or organisms are present.

(9) Indication or description of any areas that are inaccessible or not inspected with suggestion for further inspection if practicable. If, after the report has been made in compliance with this section, authority is given later to open inaccessible areas, a supplementary report on conditions in these areas shall be made.

(10)Recommendations for corrective measures.

(11)Information regarding the pesticide or pesticides to be used for their control as set forth in subdivision (a) of Section 8538.

(12)The inspection report shall clearly disclose that if requested by the person ordering the original report, reinspection of the structure will be performed if an estimate or bid for making repairs was given with the original inspection report, or thereafter.

An estimate or bid for repairs shall be given separately allocating the costs to perform each and every recommendation for corrective measures as specified in subdivision (c) with the original inspection report if the person who ordered the original inspection report so requests, and if the registered company is regularly in the business of performing corrective measures.

If no estimate or bid was given with the original inspection report, or thereafter, then the registered company shall not be required to perform a reinspection.

A reinspection shall be an inspection of those items previously listed on an original report to determine if the recommendations have been completed. Each reinspection shall be reported on an original inspection report form and shall be labeled “Reinspection” in capital letters by rubber stamp or typewritten. Each reinspection shall also identify the original report by date and stamp numbers.

After four months from an original inspection, all inspections shall be original inspections and not reinspections.

Any reinspection shall be performed for not more than the price of the registered company’s original inspection price and shall be completed within 10 working days after a reinspection has been ordered.

(c) At the time a report is ordered, the registered company or licensee shall inform the person or entity ordering the report, that a separated report is available pursuant to this subdivision. If a separated report is requested at the time the inspection report is ordered, the registered company or licensee shall separately identify on the report each recommendation for corrective measures as follows:

(1) The infestation or infection which is evident.

(2) The conditions that are present which are deemed likely to lead to infestation or infection.

If a registered company or licensee fails to inform as required by this subdivision and a dispute arises, or if any other dispute arises as to whether this subdivision has been complied with, a separate report shall be provided within 24 hours of the request but, in no event, later than the next business day, and at no additional cost.

(d) When a corrective condition is identified, either as paragraph (1) or (2) of subdivision (c), and the responsible party, as negotiated between the buyer and the seller, chooses not to correct those conditions, the registered company or licensee shall not be liable for damages resulting from a failure to correct those conditions or subject to any disciplinary action by the board. Nothing in this subdivision, however, shall relieve a registered company or a licensee of any liability resulting from negligence, fraud, dishonest dealing, other violations pursuant to this chapter, or contractual obligations between the registered company or licensee and the responsible parties.

(e) The inspection report form prescribed by the board shall separately identify paragraphs (1) and (2) of subdivision (c). Additionally, the form shall explain paragraphs (1) and (2) of subdivision (c) conditions and the difference between those conditions. In no event, however, shall conditions described pursuant to paragraph (2) of subdivision (c) be characterized as actual “defects” or as actual “active” infestations or infections or in need of correction as a precondition to issuing a certification pursuant to Section 8519.

(f) The report and any contract entered into shall also state specifically when any guarantee for the work is made, and if so, the specific terms of the guarantee and the period of time for which the guarantee shall be in effect.

(g) Control service is defined as the regular reinspection of a property after a report has been made in compliance with this section and such corrections as have been agreed upon have been completed. Under a control service agreement a registered company shall refer to the original report and contract in a manner as to identify them clearly, and the report shall be assumed to be a true report of conditions as originally issued, except it may be modified after a control service inspection. A registered company is not required to issue a report as outlined in paragraphs (1) to (9), inclusive, of subdivision (b) after each control service inspection. If after control service inspection, no modification of the original report is made in writing, then it will be assumed that conditions are as originally reported. A control service contract shall state specifically the particular wood destroying pests or organisms and the portions of the buildings or structures covered by the contract.

(h) A registered company or licensee may enter into and maintain a control services agreement provided the following requirements are met:

(1) The control services agreement shall be in writing, signed by both parties, and shall specifically include the following:

(A) The wood destroying pests and organisms deemed likely to lead to infestations or infections.

(B) The wood destroying pests and organisms covered by the control services agreement. Any pest or organism which is deemed likely to lead to infestations or infections that is not covered must be specifically listed.

(C) The type and manner of treatment to be used to correct the infestations or infections.

(D) The structures or buildings, or portions thereof, covered by the agreement, including a statement specifying whether the coverage for purposes of periodic inspections is limited or full. Any exclusions from those described in the original report must be specifically listed.

(E) A reference to the original inspection report and agreement.

(F) The frequency of the inspections to be provided, the fee to be charged for each renewal, and the duration of the agreement.

(G) Whether the fee includes structural repairs.

(H) If the services provided are guaranteed, and, if so, the terms of the guarantee.

(I) A statement that all corrections of infestations or infections covered by the control services agreement infestations or infections or in need of correction as a precondition to issuing a certification pursuant to Section 8519.

(f) The report and any contract entered into shall also state specifically when any guarantee for the work is made, and if so, the specific terms of the guarantee and the period of time for which the guarantee shall be in effect.

(g) Control service is defined as the regular reinspection of a property after a report has been made in compliance with this section and such corrections as have been agreed upon have been completed. Under a control service agreement a registered company shall refer to the original report and contract in a manner as to identify them clearly, and the report shall be assumed to be a true report of conditions as originally issued, except it may be modified after a control service inspection. A registered company is not required to issue a report as outlined in paragraphs (1) to (9), inclusive, of subdivision (b) after each control service inspection. If after control service inspection, no modification of the original report is made in writing, then it will be assumed that conditions are as originally reported. A control service contract shall state specifically the particular wood destroying pests or organisms and the portions of the buildings or structures covered by the contract.

(h) A registered company or licensee may enter into and maintain a control services agreement provided the following requirements are met:

(1) The control services agreement shall be in writing, signed by both parties, and shall specifically include the following:

(A) The wood destroying pests and organisms deemed likely to lead to infestations or infections.

(B) The wood destroying pests and organisms covered by the control services agreement. Any pest or organism which is deemed likely to lead to infestations or infections that is not covered must be specifically listed.

(C) The type and manner of treatment to be used to correct the infestations or infections.

(D) The structures or buildings, or portions thereof, covered by the agreement, including a statement specifying whether the coverage for purposes of periodic inspections is limited or full. Any exclusions from those described in the original report must be specifically listed.

(E) A reference to the original inspection report and agreement.

(F) The frequency of the inspections to be provided, the fee to be charged for each renewal, and the duration of the agreement.

(G) Whether the fee includes structural repairs.

(H) If the services provided are guaranteed, and, if so, the terms of the guarantee.

(I) A statement that all corrections of infestations or infections covered by the control services agreement shall be completed within six months of discovery, unless otherwise agreed to in writing by both parties.

(2) Inspections made pursuant to a control services agreement shall be conducted by a Branch 3 licensee. Section 8506.1 does not modify this provision.

(3) A full inspection of the property covered by the control services agreement shall be conducted and a report filed Pursuant to subdivision (b) at least once every three years from the date that the agreement was entered into, unless the consumer cancels the contract within three years from the date the agreement was entered into.

(4) A written report shall be required for the correction of any infestation or infection unless all of the following conditions are met:

(A) The infestation or infection has been previously reported.

(B) The infestation or infection is covered by the control services agreement.

(C) There is no additional charge for correcting the infestation or infection.

(D) Correction of the infestation or infection takes place within 45 days of its discovery.

(E) Correction of the infestation or infection does not include fumigation.

(5) All notice requirements pursuant to Section 8538 shall apply to all Pesticide treatments conducted under control services agreements.

(6) For purposes of this section, “control services agreement” means any agreement, including extended warranties, to have a licensee conduct over a period of time regular inspections and other activities related to the control or eradication of wood destroying pests and organisms.

(I) Whenever a report is filed pursuant to subdivision (b), the board shall forthwith send to any person or firm designated under paragraph (3) of that subdivision a certified copy of all inspection reports and completion notices made on the property and filed with the board during the preceding two years, if so requested and upon payment of an appropriate search fee.

(j) All work recommended by a registered company, where an estimate or bid for making repairs was given with the original inspection report, or thereafter, shall be recorded on this report or a separate work agreement and shall specify a price for each recommendation. This information shall be provided to the person requesting the inspection, and shall be retained by the registered company with the inspection report copy for two years.

This section shall become operative on July 1, 1989. (Amended by Stats. 1993, C. 269)

8516. I. Wood Roof Cleaning and Treatment Registered Companies or Licensees; Inspections and Reports; Separated Reports; Guarantees; Transmittal of Copies and Information; Current Roofing Contractor’s License Requirement.

(a) This section applies only to work conducted by a wood roof cleaning and treatment registered company or licensee.

(b) No wood roof cleaning and treatment registered company or licensee shall commence work on a contract, or sign, issue, or deliver any documents expressing an opinion or statement relating to the absence or presence of wood destroying organisms or nondecay fungi on a wood shake or shingle roof until an inspection has been made. All inspections performed by these registered companies or licensees shall be on properties that are not offered for sale, lease, or exchange, and shall be limited to the wood shakes or shingles on wood shake or shingle roofs and may only be performed for purposes of detecting the presence or absence of wood destroying organisms such as decay fungi on the wood shakes or shingles and resulting decay, or nondecay fungi such as mold, mildew, lichen, or moss on the wood shakes or shingles.

(c) All wood roof cleaning and treatment registered companies shall retain for three years all field reports from which a verbal or written estimate of or solutions for work are made. A written inspection report conforming to this section shall be on a form prescribed by the board shall be prepared and delivered to the person requesting the inspection or to the person’s designated agent within five days of the inspection if a contract is executed to perform the work. A copy of each report shall be filed with the board at the time the report is delivered or not later than five working days after the date the contract is executed to perform corrective work. The report shall be delivered to the person requesting the inspection, or to the person’s designated agent, before work is commenced. The following items shall be set forth in the report:

(1) The date of the inspection and the name of the licensee making the inspection.

(2) The name and address of the person or firm ordering the report.

(3) The name and address of any person who is a party in interest to whom the board is to send certified copies of the inspection reports and completion notices as provided in subdivision (f).

(4) The address or location of the property.

(5) A general description of the building inspected.

(6) A diagram or sketch of the roof inspected indicating thereon the type and approximate location of any infection of wood destroying organisms or nondecay fungi.

(7) Information regarding conditions usually deemed likely to lead to infection of wood destroying organisms and nondecay fungi.

(8) Recommendations for corrective measures.

(9) Information regarding the wood preservative to be used for control of the wood destroying organisms and nondecay fungi as set forth in subdivision (a) of Section 8538.

(10)A statement printed in 10-point boldface type, stating that the corrective measures will not improve the water tightness of the roof and if the person or entity who ordered the report wants the roof inspected for a determination of water tightness, that person or entity should contact a roofing contractor who is licensed by the Contractors’ State License Board.

(11)For purposes of this section and Section 8516, water tightness” means that at the time the inspection was performed the roof would not, under normal climatic conditions, leak.

(d) At the time the report is ordered, the registered company or licensee shall inform the person or entity ordering the report, that a separated report is available pursuant to this subdivision. If a separated report is requested at the time the inspection report is ordered, the registered company or licensee shall separately identify on the report each recommendation for corrective measures as follows:

(1) The infection that is evident.

(2) The conditions that are present which are deemed likely to lead to infection of wood destroying organisms such as decay fungus.

(3) The conditions that are present which are nondecay fungi such as mold, mildew, lichen, or moss.

If the registered company or licensee fails to comply with the requirements of this subdivision and a dispute arises, or if any dispute arises as to whether this subdivision has been complied with, a separate report shall be provided to the person or entity ordering the report within 24 hours of that request, but in no event later than the next business day, and at no additional cost.

(e) The report and any contract entered into shall also state specifically when any guarantee for the work is made, and if so, the specific terms of the guarantee and the period of time for which the guarantee shall take effect.

(f) Whenever a report is filed pursuant to subdivision (c), the board shall forthwith send to any person or firm designated under paragraph (3) of that subdivision a certified copy of all inspection reports and completion notices made on the property and filed with the board during the preceding two years, if so requested, and, upon payment of an appropriate search fee.

(g) All work recommended by the registered company, where an estimate or bid for making repairs was given with the original inspection report, or thereafter, shall be recorded on that report or a separate work agreement and shall specify a price for each recommendation. This information shall be provided to the person requesting the inspection, and shall be retained by the registered company with the inspection report copy for two years.

(h) All wood roof cleaning and treatment registered companies shall possess a current roofing contractor’s license issued by the Contractors’ State License Board. This requirement shall apply on and after July 1, 1993.

(Amended by Stats. 1992, C. 274)

8516.2.Inspection Report Filing Fee; Stamps; Affixation.

Each copy of an inspection report filed with the board pursuant to Section 8516 or 8516.1 shall have affixed thereto a stamp issued by the board in the denomination fixed by the board pursuant to Section 8674 as the inspection report filing fee. The board shall provide for the sale of such stamps and for the refund of moneys paid for stamps which are returned to it unused.

(Added by Stats. 1989, C. 1401)

8516.5.Inspection Report; Copy to Owner. Any registered company which makes an inspection of any property relating to the absence or presence of wood-destroying pests or organisms on such property and makes a report of such inspection shall furnish a copy of the report either to the owner of the property, or if the owner has consented in writing, to the agent of the owner, within five working days after completing the report.

(Amended by Stats. 1985, C. 1M)

8517. Necessity of Referral to Inspection Report. Any work contract, billing, agreement, letter of work completed, or other correspondence or document expressing an opinion or making a statement relating to the presence or absence of wood destroying pests or organisms, or for wood roof cleaning and treatment registered companies, relating to the presence or absence of wood destroying organisms or nondecay fungi, shall refer to the inspection report required by Section 8516 or 8516.1. Such documents shall indicate specifically whether all of the recommended work as set forth in the inspection report was completed, or, if not, it shall indicate specifically which recommendations were not completed.

(Amended by Stats. 1992, C. 274)

8518. Notice of Completion; Stamp; Sale of Stamps. When a registered company completes work under a contract, it shall not later than five working days thereafter file with the board a notice of work completed, on a form prescribed by the board. The notice shall include a statement of the cost of the completed work and estimated cost of work not completed. Each such notice shall have affixed thereto a stamp issued by the board in the denomination fixed by the board pursuant to Section 8674 as the fee for filing a notice of work completed. The board shall provide for the sale of such stamps and for the refund of moneys paid for stamps which are returned to it unused.

(Amended by Stats. 1985, C. 1348)

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