Structural Pest Control OperatorsGeneral Provisions
Section § 8500
This section tells us that the basic rules and guidelines described later on in this chapter are used to help interpret and understand the content of this chapter, unless stated otherwise.
Section § 8501
This law defines the term “Director” as the Director of Consumer Affairs.
Section § 8502
This law section defines the word "Board" as being the Structural Pest Control Board, which operates under the Department of Consumer Affairs.
Section § 8503
The term “Registrar” specifically means the person who is in charge of the Structural Pest Control Board.
Section § 8503.5
This section defines the term "Committee" as referring to the Disciplinary Review Committee created under Section 8660.
Section § 8504
In this law, the term 'person' is defined very broadly. It can mean not just individuals, but also groups like companies, partnerships, or any kind of organization.
Section § 8504.1
In this section, a "pesticide" is defined to include two things: any spray adjuvant, and any substance or combination of substances meant to prevent, destroy, repel, or lessen pests or organisms.
Section § 8504.2
This law defines "control" as a way of managing pests to keep their numbers low enough to avoid causing economic or physical harm, or to manage their populations to prevent such harm.
Section § 8504.3
This legal text defines 'eradication' as completely getting rid of a pest in a specific area. It clarifies that in this context, 'elimination' and 'extermination' mean the same thing as 'eradication.'
Section § 8504.4
This section defines 'inspection' as when a field representative or operator goes to a property to conduct an in-person evaluation.
Section § 8505
This section defines "structural pest control" and "pest control" as dealing with pests that invade buildings or their contents. It covers all activities from identifying and inspecting for pests, to creating reports and estimates, and performing pest control work. Household pests also include any invaders like rodents and insects, except wood-destroying organisms. The law applies to various structures such as homes, vehicles, and vessels.
Section § 8505.1
This law defines 'fumigation' as using certain substances to kill plants or animals in a closed space, excluding substances provided under subdivisions (b) and (c). It presents a list of lethal fumigants, including methyl bromide, sulfuryl fluoride, and aluminum phosphide. It also defines 'warning agents' as substances used with fumigants that have no odor, like chloropicrin. Simple asphyxiants, such as liquid nitrogen and carbon dioxide, are not considered fumigants under this law. A governing board can change these lists as needed.
Section § 8505.10
This law specifies the requirements for warning signs used during fumigation. These signs must be red text on a white background with the words 'DANGER—FUMIGATION' in large letters, and include a skull and crossbones. They should also list details about the fumigant used, including the date and time it was applied, and the contact information of the company conducting the fumigation, except if the sign is under a tarpaulin, it doesn't need the time of fumigant injection.
Section § 8505.11
After fumigating a house, if there's access to the attic or space underneath the house, the company that did the fumigation must post a sign nearby. This sign, which should be durable and at least 5x7 inches, needs to include the company's name, the date the fumigation was done, and the type of fumigant used.
Section § 8505.12
This law requires companies doing fumigation work to use a warning agent if the fumigant itself doesn't have warning properties. If it's not possible to use a common warning agent like chloropicrin, especially in sensitive situations like museums or police evidence storage, the company must get state approval to skip it. They must also document the situation, provide alternative safety measures, and ensure that any site being fumigated is secure and cleared properly. If there are unusual dangers, the person supervising the job must take extra steps to keep everyone safe.
Section § 8505.13
This law states that any registered company doing fumigation work in California must keep a detailed log of each job. These logs need to follow the board's regulations, be kept for at least three years, and be available for inspection during business hours.
Section § 8505.14
This section defines a "Fumigator" as someone who is officially licensed to handle structural pest control, specifically focusing on fumigation, according to guidelines in another part of the law called Branch 1.
Section § 8505.16
If you're a fumigator, you must know how to give artificial respiration using the latest methods taught by the Red Cross. Also, fumigating teams need to have a safety kit with all the required gear listed on the product label and as required by law.
Section § 8505.17
This law section maintains a special fund called the Structural Pest Control Education and Enforcement Fund in California. Money comes from pesticide report fees and penalties. It funds training, reimbursements for pesticide regulation work, and expenses for disciplinary actions. If an agent isn't solving issues, the board can withhold funds. Pest control companies must file monthly reports on pesticide use to county commissioners, keeping copies for three years. These reports need a special stamp unless no pest control occurred that month. Other penalty funds go into a separate account for enforcing pest control laws.
Section § 8505.2
In California, only someone with a specific license can oversee fumigation work. This person must be either an operator or a field representative with a special Branch 1 license as per the rules in Section 8560.
Section § 8505.3
This law specifies that a licensed pest control professional must be physically present at the location during the entire fumigation process. This includes when the chemicals are applied, when the area is aired out, and when it is deemed safe for people to return.
Section § 8505.4
This law requires that any fumigation processes must follow all relevant laws, rules, and regulations set by local (city and county) and state governments, as well as any federal laws.
Section § 8505.5
Section § 8505.7
This law requires that any place being fumigated must be completely vacated by everyone before starting, and all entrances must be secured. After fumigation, the space must remain secured during ventilation and until a licensed professional says it is safe to enter again.
Section § 8505.8
Before starting a fumigation, the area to be treated must be properly sealed so that it holds the right amount of fumigant. This should be done according to the manufacturer's guidelines, ensuring the fumigant concentration is maintained until ventilation starts.
Section § 8505.9
Before starting fumigation, clear warning signs must be put up near all entry points of the area being fumigated. These signs should only be taken down after the area is safely ventilated and it's okay for people to go back inside. The airing out of the space must prioritize public safety.
Section § 8506
This section defines what a 'structural pest control operator' is and specifies that this term refers to anyone licensed by the board to perform structural pest control. If a licensed operator dies, their executor or administrator can get temporary permission from the board to continue running their pest control business for up to one year, but only to wrap up or sell the business. The executor cannot start new pest control jobs unless they hire a qualified and licensed operator to oversee the business.
Section § 8506.1
Section § 8506.2
A 'qualifying manager' is a licensed person assigned by a company to oversee daily operations. They must be present at the main or branch office for at least nine days every three months, and these days need to be recorded and shown to the board if asked.
Section § 8507
This section defines a "structural pest control field representative" as someone who's licensed to handle pest control tasks for a registered company, like identifying pest problems, applying pesticides, or making bids. However, they can't do pest control work for themselves or on their own behalf.
Section § 8507.1
This law section defines what a 'structural pest control applicator' is. It's someone licensed to use pesticides in certain areas on behalf of a registered company. However, these applicators cannot take on pest control jobs independently or perform the work on their own.
Section § 8508
In this section, 'household' is defined as any building and the items inside it that people use for living and their comfort.
Section § 8509
This law describes a "branch office" as any additional business location besides the main office where a pest control company conducts its activities, such as keeping records, receiving mail, handling payments, or giving out pest control information.
Section § 8510
This law defines a 'wood preservative' as a type of coating used to protect wood from damage by insects, fungus, rot, and decay. To qualify, it must contain a chemical that's approved by both state and federal agencies responsible for regulating pesticides.
Section § 8511
This section defines a 'manufacturer' as someone who makes pest control materials but doesn't actually use them.
Section § 8512
This section defines an 'Employer' as a registered business that hires people for pest control work. Some of these employees need to be licensed, like operators and field representatives, while others don't, as long as they're supervised by someone who is licensed.
Section § 8513
This law requires pest control companies in California to provide a 'Notice to Owner' form, explaining mechanics lien laws, to property owners before starting work. These companies can't demand waiver of lien rights from subcontractors or suppliers. Subcontractors must give a preliminary notice within 20 days of starting work to the owner. Prime contractors need to provide a lien release before accepting payment. Additionally, companies must inform subcontractors of the property owner's identity. Violating these rules can lead to disciplinary action.
Section § 8514
Before starting any pest control work, Branch 2 or 3 registered pest control companies must inspect the property. They can only recommend or enter into agreements for pest control within their certification levels. They can subcontract the actual work to another company with the required expertise and registration. Consumers must be informed in writing about any subcontracting and may choose their own subcontractor. Subcontracting does not absolve the original contractor or subcontractor from responsibility if something goes wrong. Furthermore, companies can only perform or advertise services they are certified for, although they can promote fumigation if specific conditions are met. Additionally, all agreements must comply with consumer protection laws.
Section § 8514.5
This law says that a company can't charge you for pest fumigation work done by a subcontractor unless they actually did the work or were directly supervising it. Before you agree to the work, the company must give you a written notice. This notice explains that their price might include extra charges for organizing and managing the subcontracted work. You also have the option to hire another company directly, but if you do, the original company isn't responsible for how that work turns out.
Section § 8515
This law section states that companies registered under this chapter can allow a licensed officer, partner, or employee to submit bids and sign contracts on their behalf. However, this can only happen after the licensed individual conducts inspections and negotiations.
Section § 8516
This section sets rules for inspections and reports related to wood destroying pests. Before any work can start, a qualified professional must inspect the property. The inspector's findings must be documented in a report and shared with the person who requested the inspection, as well as the property owner, within 10 days. Companies must report the property address to the board within 10 days, or face fines. The report should detail inspection dates, areas inspected, potential infestations, and any inaccessible areas to be checked later. The statute details report content and mandatory disclosures, such as treatment plans, costs, and warranties. Companies can offer service agreements for ongoing pest control, but must follow specific terms, including regular inspections and transparent communication. If an owner chooses not to address certain conditions, the service provider's liability may be limited. Importantly, the reports must advise consumers of their right to seek second opinions due to possible varying recommendations.
Section § 8517
This law requires that any document discussing wood-destroying pests or organisms must reference a previous inspection report. It must clearly state whether all recommended work from that report was done or specify what wasn't completed.
Section § 8518
If a registered pest control company finishes a job, it must fill out a board-approved form noting what work was done and any work not completed and give this to the property owner within 10 business days. They must also report the property's address to the board within the same timeframe. A fee is required for each property. If they don't report this, they can face disciplinary actions and fees up to $2,500. They must keep records of work for three years and allow inspections, sharing them with the board when requested. This law only applies to work involving wood-destroying pests or organisms.
Section § 8519
This section explains what 'certification' means in the context of property inspections for wood-destroying pests. When a licensed company inspects a property and prepares an inspection report, they can also provide a certification. This certification will state whether there are any active pest infestations or infections and if any recommended repairs from the report have been completed. The certification depends on the findings of the initial inspection and any follow-up actions. Depending on whether pests were found and whether repairs have been made, the certification will either confirm the property is clear of pests or note any unresolved issues. This certification adds transparency about the property's condition regarding wood-destroying pests.
Section § 8519.5
This section outlines the responsibilities of pest control companies in California when performing fumigations on properties. If a property is treated for wood-destroying pests via fumigation, the company that did the fumigation must provide a certification with details of the work done. If a Branch 3 company hires a Branch 1 company for the fumigation, the Branch 3 company must include this certification when reporting on the treatment. If the property owner hires the fumigation company directly, the owner gets the certification. If fumigation doesn’t work and needs to be repeated, the company must inspect at no extra cost and issue new certifications and warranties. Details such as owner’s name, the address of property, and fumigation dates must be properly documented.