Unless the text otherwise requires, the general provisions hereinafter set forth govern the construction of this chapter....
Director refers to the Director of Consumer Affairs....
Board refers to the Structural Pest Control Board....
Registrar refers to the registrar of the Structural Pest Control Board....
Committee means the Disciplinary Review Committee established pursuant to Section 8660....
Person includes an individual, firm, partnership, corporation, limited liability company, association or other organization or any combination thereof....
Structural pest control and pest control as used in this chapter are synonymous. Except as provided in Section 8555 and elsewhere in this chapter, it is, with respect to household...
(a) Except as provided in subdivisions (b) and (c), for the purpose of this act, fumigation shall be defined as the use within an enclosed space for the destruction of plant or animal...
Fumigation shall be performed only under the direct and personal supervision of an individual who is licensed by the board as an operator or field representative in a branch of pest...
Direct and personal supervision as used in Section 8505.2 means that the licensee exercising such supervision shall be present at the site of the fumigation during the entire time...
Fumigation shall be performed in compliance with all applicable state, county, city, and city and county laws and ordinances and all applicable laws and regulations of the United States....
Notice of the date and place of fumigation, and chemicals to be used, shall be given by the fumigator to the fire department serving the area in which fumigation is to be performed not...
During the process of fumigation the room or apartment being fumigated, together with all rooms and apartments, including rooms or apartments on the same floor and those above, below,...
The space to be fumigated shall be vacated by all occupants prior to the commencement of fumigation, and all entrances thereto shall be locked, barricaded, or otherwise secured against...
Prior to the commencement of fumigation, the space to be fumigated shall be sealed in such manner that tests taken before ventilation is begun will show that the required concentration...
Prior to the commencement of fumigation, warning signs shall be posted in plainly visible locations on or in the immediate vicinity of all entrances to the space under fumigation and shall...
Warning signs shall be printed in red on white background and shall contain the following statement in letters not less than two inches in height: DANGER--FUMIGATION. They shall also...
If the structure which has been fumigated has an attic or if the area underneath such structure is accessible to inspection for purposes of structural pest control, the registered...
A registered company performing fumigation shall use an adequate warning agent with all fumigants which lack such properties. When conditions involving abnormal hazards exist,...
A registered company shall maintain a log of each fumigation job performed by it in this state. The log shall be in the form required by the regulations of the board and shall be preserved for...
Fumigator means any individual licensed by the board as a structural pest control operator or as a structural pest control field representative in the branch of pest control...
Two effective masks of a type approved by the National Institute of Occupational Safety and Health for protection against the fumigant being used shall be made readily available by...
All fumigators shall be familiar with and able to administer artificial respiration by the best method or methods recommended currently by the Red Cross in its standard texts on first aid. ...
(a) There is hereby created in the State Treasury a special fund to be known as the Structural Pest Control Education and Enforcement Fund. Funds derived from the pesticide use report filing...
(a) Structural pest control operator is any individual licensed by the board to practice structural pest control. (b) As used in this chapter, operator refers to structural...
A registered company is any sole proprietorship, partnership, corporation, or other organization or any combination thereof which is registered with the Structural Pest Control Board...
A qualifying manager is the licensed operator or operators designated by a registered company to supervise the daily business of the company and to be available to supervise and...
(a) Structural pest control field representative is any individual who is licensed by the board to secure structural pest control work, identify infestations or infections, make...
(a) Structural pest control applicator is any individual who is licensed by the board to apply a pesticide, rodenticide, or allied chemicals or substances for the purpose...
Household means any structure and its contents which are used for man and his convenience....
Branch office is any fixed place of business in addition to the location of business for which the company registration is issued, where records are kept, mail received,...
For purposes of this chapter, wood preservative means any coating formulated to protect wood surfaces from deterioration caused by insects, fungus, rot, and decay and which contains...
Manufacturer is a person engaged in the processing of materials used in the practice of pest control, but who does not himself engage in such practice....
Employer refers to a registered company which hires operators, field representatives, applicators, and other individuals, the latter not being required to be licensed under this chapter,...
(a) The board shall prescribe a form entitled Notice to Owner that shall describe, in nontechnical language and in a clear and coherent manner using words with common and everyday...
No registered company shall commence work on a contract, or sign, issue, or deliver any documents expressing an opinion or statement relating to the control of household pests, or...
It is unlawful for any registered company under this chapter when billing for any subcontracted work authorized under Section 8514, to charge, bill, or otherwise solicit payment from...
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 as...
(a) This section, and Section 8519, apply only to wood destroying pests or organisms. (b) No registered company or licensee shall commence work on a contract, or sign, issue, or deliver...
(13) The inspection report shall contain the following statement, printed in boldface type: NOTICE: Reports on this structure prepared by various registered companies should list the...
Any registered company that 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...
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...
When a registered company completes work under a contract, it shall prepare, on a form prescribed by the board, a notice of work completed and not completed, and shall furnish that notice...
Certification as used in this section means a written statement by the registered company attesting to the statement contained therein relating to the absence or presence of wood-destroying...
(a) After an inspection report has been prepared by a Branch 3 registered company pursuant to Section 8516, which discloses a wood destroying pest that can be eradicated by fumigation,...
(a) There is in the Department of Consumer Affairs a Structural Pest Control Board, which consists of seven members. (b) Subject to the jurisdiction conferred upon the director by Division...
Protection of the public shall be the highest priority for the Structural Pest Control Board in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection...
The board is composed of seven members, three of whom shall be, and shall have been for a period of not less than five years preceding the date of their appointment, operators licensed...
Members of the board shall be appointed for a term of four years, subject to removal by the appointing power at his or her pleasure. Vacancies shall be filled by the appointing power...
The board shall organize and elect a president who shall serve for one year. The board shall meet annually during the month of October. Special meetings may be called at any time by...
Four members of the board shall constitute a quorum for the transaction of business, for the performance of any duty, or the exercise of any power or authority of the board. A vacancy on...
The board, subject to the approval of the director, may, in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code,...
Each member of the board shall receive a per diem and expenses as provided in Section 103....
The board shall adopt and use a seal. The seal shall have the words Structural Pest Control Board, State of California, and such other devices as the board may desire, engrossed thereon....
With the approval of the director, the board shall appoint a registrar, fix his or her compensation and prescribe his or her duties. The registrar is the executive officer and secretary of...
The registrar, with the approval of the board and of the director, and subject to the State Civil Service Act, may appoint and fix the compensation of such other assistants as may be necessary....
The board, with the approval of the director, may establish the main office of the board, and branch offices of the board in any city of this State....
The registrar shall keep a complete record of the board's actions, and shall maintain at the office of the board a complete index record of all applications for licenses and...
The board shall prepare minutes of its annual meeting and any special meetings, which shall be permanently maintained at the office of the registrar....
Copies of all records and papers in the office of the board, certified by the registrar under the seal of the board shall be received in evidence in all courts of this State in all cases...
Whenever funds are available for the purpose, the registrar, at the discretion of the board, may publish, or cause to be published, a roster of the individuals licensed and...
Whenever funds are available for the purpose, the registrar, at the direction of the board, may publish and disseminate to individuals licensed and companies registered under this chapter...
The registrar, and any member of the board, may administer oaths for the purpose of administering this chapter....
No manufacturer, his agents or employees, nor any person who is a consultant of or connected with any manufacturer, shall be charged with the enforcement or execution of any of the...
(a) A registered structural pest control company shall provide the owner, or owner's agent, and tenant of the premises for which the work is to be done with clear written notice which...
(a) It is unlawful for any individual to engage or offer to engage in the business or practice of structural pest control, as defined in Section 8505, unless he or she is licensed...
It is unlawful for any unlicensed person to perform fumigation with dangerous or lethal fumigating chemicals in any public structure, including rooming houses, or households when used as...
No unlicensed individual in the employ of a registered company shall apply any pesticide, rodenticide, or allied chemicals or substances for the purpose of eliminating,...
It is unlawful for any person to advertise or represent in any manner that any pest control work, in whole or in part, has been done upon any structure, unless the work has been performed...
Any person who violates any provision of this chapter, or who conspires with another person to violate any provision of this chapter, is guilty of a misdemeanor, and is punishable by a fine...
No individual engaged in the business or acting in the capacity of an operator may bring or maintain an action in any court of this state for the collection of compensation for the...
This chapter does not apply to: (a) Public utilities operating under the regulations of the Public Utilities Commission, except to work performed upon property of the utilities not subject to...
(a) Licensed contractors acting in their capacity as such, may remove and replace any structure or portions of a structure damaged by wood destroying pests or organisms if that work...
(a) Licenses issued to operators, field representatives, or applicators shall be limited to the branch or branches of pest control for which the applicant has qualified by...
Any individual 18 years of age or over may apply for a license as an operator. The applicant shall possess the qualifications and be examined as hereinafter prescribed. The applicant...
To obtain an original operator's license, an applicant shall submit to the registrar an application in writing containing the statement that the applicant desires the issuance of...
2 years Branch 2 ................................... 2 years Branch 3 ................................... 4 years...
Any individual 18 years of age or over may apply for a license as field representative. The applicant shall possess the qualifications and be examined as hereinafter prescribed. The...
To obtain an original field representative's license, an applicant shall submit to the registrar an application in writing containing a statement that the applicant desires the issuance of...
(a) Any individual 18 years of age or older may apply for a license as applicator. (b) The board shall ascertain by written examination that an applicant for a license as applicator in Branch...
To obtain an original applicator's license, an applicant shall submit to the registrar an application in writing containing a statement that the applicant requests the issuance of...
The board shall ascertain by written examination that an applicant for a license as operator is qualified in the use and understanding of all of the following: (a) The English...
(a) An applicant for a Branch 1 operator's license shall demonstrate to the board that he or she has passed satisfactorily board-approved courses in the following areas: (1) Pesticides. ...
An applicant for a Branch 2 license may elect to be certified in the handling, control, and techniques of removal of Africanized honey bees. The board shall develop a program to...
The board shall ascertain by written examination that an applicant for a license as field representative is qualified in the use and understanding of the following: (a) The safety laws of...
An individual shall be permitted to hold only one license in the same branch at the same time. If an individual who holds an operator's license requests to be licensed as a field...
Should a field representative or applicator change his or her employment, or should an operator enter the employ of a registered company, or being already employed by a registered company...
After a hearing the board may deny a license or a company registration unless the applicant makes a showing satisfactory to the board that the applicant, if an individual, has not, or...
In addition to the partner or other individual designated as the qualifying manager for a registered company which is organized as a partnership, if any of the company's partners desire...
In addition to the officer or other individual designated as the qualifying manager for a registered company which is organized as an association or corporation, if any of the...
If the licensed operator who is designated as the qualifying manager for a registered company ceases for any reason whatsoever to be connected with the company, the company shall notify...
Except as otherwise provided herein, all operator's and field representative's licenses shall expire at 12 midnight on June 30 of every third year and all applicator's licenses shall expire...
All applicator's licenses shall expire at 12 midnight three years from the date of issue. Every applicator shall pay a fee for the renewal of his or her license. The board shall, on or...
If delinquency in the payment of the fee for renewal of any operator's or field representative's license extends beyond three months, the license may not be reinstated and the licensee...
Any operator, field representative, or applicator whose license is under suspension may make application for renewal of his or her license as provided in this article, but the board may...
The board shall require as a condition to the renewal of each operator's and field representative's license that the holder submit proof satisfactory to the board that he or she has...
The board shall require as a condition to the renewal of each applicator's license that the holder thereof submit proof satisfactory to the board that he or she has completed courses...
(a) Every company that engages in the practice of structural pest control, as a sole proprietorship, partnership, corporation, or other organization or any combination thereof, shall...
Each branch office shall have a branch supervisor designated by the registered company to supervise and assist the company's employees who are located at that branch. The branch...
The licenses of operators and company registrations shall be prominently displayed in the registered company's office, and no registration issued hereunder shall authorize the company...
A registered company which changes the location of its principal office or any branch office or which changes its qualifying manager, branch supervisor, officers, or its bond or...
The Director of Pesticide Regulation shall be designated by the board as its agent for the purposes of carrying out Section 4. The board and the Department of Pesticide Regulation...
The Director of Pesticide Regulation shall designate county agricultural commissioners as his or her representatives to carry out the provisions of Sections 8616.5, 8616.7, and 8617....
(a) The county agricultural commissioner shall be the lead agency for inspections and routine investigations of pesticide use by the board licensees and registered companies, and of...
The Director of Pesticide Regulation shall be notified by the board when it determines that persons acting pursuant to Sections 8616 and 8616.4 have not fulfilled their responsibilities...
When a county agricultural commissioner is acting, pursuant to Section 8616.4, only the commissioner may conduct inspections and routine investigations pursuant to Section 8616.5...
If an employee is found during an inspection or investigation not wearing personal protective equipment required by regulation, the commissioner shall have the option to use discretion in citing...
(a) The board or county agricultural commissioners, when acting pursuant to Section 8616.4, may suspend the right of a structural pest control licensee or registered company to work in...
Regulations adopted pursuant to Section 11503 of the Food and Agricultural Code are not applicable to this chapter....
Documents as specified by regulation must be maintained by all registered companies for three years....
(a) An inspection tag shall be posted whenever an inspection for wood destroying pests or organisms is made. (b) If the registered company completes any work with respect to wood...
The board may upon its own motion, and shall upon verified complaint in writing of any person, investigate the actions of any individual acting as a licensee, or making application for a license....
(b) The civil penalty shall not be more than five thousand dollars ($5,000) for an actual suspension of one to 19 days. (c) The civil penalty shall not be more than ten thousand...
All complaints against licensees or registered companies shall be filed with the board within two years after the act or omission alleged as the ground for disciplinary action or, in the case...
When a complaint is accepted for investigation of a registered company, the board, through an authorized representative, may inspect any or all properties on which a report has...
If the board suspends or revokes an operator's license and one or more branch offices are registered under the name of the operator, the suspension or revocation may be applied to...
The lapsing or suspension of a license or company registration by operation of law or by order or decision of the board or a court of law, or the voluntary surrender of a license...
The suspension or revocation of a license or a company registration as in this chapter provided may also be ordered in any action otherwise proper in any court involving the licensee's...
Departure from, or disregard of, plans or specifications in the performance of structural pest control work in any material respect, without consent of the owner or his...
Disregard and violation of the buildings laws of the state, or of any of its political subdivisions, or of the safety laws, labor laws, health laws, or compensation insurance laws of...
Misrepresentation of a material fact by the applicant in obtaining a license or company registration is a ground for disciplinary action....
Failure on the part of a registered company to complete any operation or construction repairs for the price stated in the contract for such operation or construction repairs or in any modification...
Aiding or abetting an unlicensed individual or unregistered company to evade the provisions of this chapter or knowingly combining or conspiring with an unlicensed individual...
Payment, or the offer to pay, by any licensee or registered company to any party to a real estate transaction of any commission, bonus, rebate, or other thing of value as compensation...
Failure to comply with the provisions of this chapter, or any rule or regulation adopted by the board, or the furnishing of a report of inspection without the making of a bona fide...
The commission of any grossly negligent or fraudulent act by the licensee as a pest control operator, field representative, or applicator or by a registered company is a ground...
The negligent handling or use of any poisonous exterminating agent is a ground for disciplinary action....
Fraud or misrepresentation, after inspection, by any licensee or registered company engaged in pest control work of any infestation or infection of wood-destroying pests or organisms...
Impersonation of any state, county or city inspector or official is a ground for disciplinary action....
Disregard and violation of pesticide use and application, structural pest control device, fumigation, or extermination laws of the state or of any of its political subdivisions,...
A notice of noncompliance shall be issued to a licensee or registered company whenever an authorized representative of the board finds that a pesticide application, fumigation...
Failure to comply in the sale or use of insecticides with the provisions of Chapter 2 (commencing with Section 12751) of Division 7 of the Food and Agricultural Code is a ground...
Authorizing, directing, conniving at or aiding in the publication, advertisement, distribution or circulation of any material by false statement or representation concerning a...
Conviction of a crime substantially related to the qualifications, functions, and duties of a structural pest control operator, field representative, applicator, or registered company is a...
Acting in the capacity of a licensee or registered company under any of the licenses or registrations issued hereunder except: (a) In the name of the licensee or registered company as...
The performing or soliciting of structural pest control work, the inspecting for structural or household pests, or the applying of any pesticide, chemical, or allied substance for the...
Failure of a registered company to make and keep all inspection reports, field notes, contracts, documents, notices of work completed, and records, other than financial records, for a period...
The failure of any registered company or agent or officer thereof, to pay any moneys due for any materials or services rendered in connection with its operations as a registered...
Any individual who has been denied a license for any of the reasons specified in Section 8568, or who has had his or her license revoked, or whose license is under suspension, or who has...
A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions, and duties of a structural...
In addition to the remedies provided for in Section 125.9, when the licensee who is a registered company has failed to pay the fine assessed pursuant to a citation within 30 days of the...
The appointment of a receiver of the property of a licensee or registered company as provided in Chapter 5 (commencing with Section 564) of Title 7 of Part 2 of the Code of Civil Procedure,...
The board may bring an action to enjoin the violation of any provision of this chapter in any superior court in and for the county in which the violation has occurred. Any such action...
A disciplinary review committee consisting of three members shall be established for the purposes of reviewing appeals of orders issued pursuant to Section 8617. The committee shall be made...
(a) Whenever the right of a structural pest control licensee or registered company to make pesticide applications is to be suspended or the licensee, registered company, or...
(a) This section only applies to work conducted under a Branch 1 license. (b) The board or county agricultural commissioners, when acting pursuant to Section 8616.4, may levy a fine of up...
(a) This section only applies to work conducted under a Branch 1 license. (b) Before a fine can be levied pursuant to Section 8663, the prime contractor shall be provided notice of the...
The fact that an applicator is licensed shall not affect any liability or responsibility for disciplinary action of any operator, field representative, or registered company that...
It shall be unlawful for any licensee under this chapter to recommend or to perform any pest control corrective work under any contract or agreement that the licensee knows or has reason to...
As used in this chapter, original operator's license means an operator's license that is not a renewal license....
As used in this chapter, renewal operator's license means a license issued to an individual who had an operator's license unrevoked and unsuspended on June 30th of the preceding renewal period....
As used in this chapter, original field representative's license means a field representative's license issued to an individual who did not have a license on the preceding June 30th. For...
License fees shall not be prorated unless an individual licensed as an operator and a field representative requests an earlier expiration date of one of the licenses in accordance...
The fees prescribed by this chapter are the following: (a) A duplicate license fee of not more than two dollars ($2). (b) A fee for filing a change of name of a licensee of not more than...
The delinquent penalty for a renewal of any license issued under this chapter applied for after the expiration date of the license shall be 50 percent of the fee required for the renewal...
The department shall receive and account for all moneys collected under this chapter at the end of each month, and shall pay it into the Treasury to the credit of the Structural...
The board shall not issue any company registration under this chapter unless the applicant shall have filed with the board on a form prescribed by the board written evidence of an...
No registered company shall engage in any of the practices for which it is required to be registered by this chapter unless it maintains such insurance policy or bond as specified in this article....
An insurance policy as used in this article means a contract of liability insurance issued by an insurance company authorized to transact business in this state or one issued by...
In lieu of the insurance policy specified in this article an applicant for a company registration may file with the board a bond executed by an admitted surety insurer in the penalty...
The violation of any provision of this article is a misdemeanor and shall be grounds for the suspension or revocation by the board of the operator's license of the owner or qualifying manager...
Each company registered under the provisions of this chapter shall maintain a bond executed by an admitted surety insurer in the amount of four thousand dollars ($4,000)....
The bonds required by this article shall be in favor of the State of California for the benefit of any person who, after entering into a contract with a registered company, is damaged by fraud...
If, after a hearing conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, a license or company registration...
Upon failure of a licensee or registered company to maintain in full force and effect any bond required by this article the registrar shall issue an order suspending or revoking the...
Such bonds as are required by this article shall be in addition to any bond which may be maintained pursuant to the provisions of Article 9 (commencing with Section 8690)...