Structural Pest Control OperatorsRegulation of Licensees
Section § 8610
If a company wants to perform structural pest control, it must register with the Structural Pest Control Board, providing details on owners and leaders based on its business structure. A company won't get registered if its leaders or those with control have had their licenses revoked or suspended. It must have a licensed individual as a qualifying manager to oversee operations, who can only manage up to two companies unless they adjust by 2010. There's an exception for certain corporations with multiple companies.
Section § 8611
This law section requires each branch office of a company to have a designated supervisor who is licensed as an operator or field representative. The supervisor's license must be displayed visibly at the branch office. If a branch supervisor leaves the company, the company must notify the registrar in writing within 10 days. Once notified, the office can continue operating for a limited time while the company finds a new qualified supervisor.
Section § 8612
This section requires that a business's main and branch office licenses are clearly visible in those offices. A company can't operate outside the location on its original license. If a business opens a branch office, it must inform a board registrar using specific forms and rules, including the name of the person in charge of that branch and paying a required fee.
Section § 8613
If a registered company in California changes any major details like the address of its main or branch offices, key personnel, or its bond or insurance, it must inform the registrar using a specific form within 10 days of the change. There is a fee involved for filing these changes, as outlined in another section.
Section § 8616
This law section states that the board will appoint the Director of Pesticide Regulation to help execute a certain part of the pest control law. Together with the Department of Pesticide Regulation, they will create and run training programs for county agricultural commissioners and others involved in pest control work. Essentially, these people must complete the training before they can take any disciplinary action in pest control cases.
Section § 8616.4
This law authorizes the Director of Pesticide Regulation to appoint county agricultural commissioners to handle certain pesticide regulation tasks. The responsibilities of these commissioners are outlined in specific sections, and they will be compensated according to an existing agreement.
Section § 8616.5
This law outlines the roles of the county agricultural commissioner and the board in overseeing pesticide use in structural pest control. The commissioner is in charge of inspections and investigating routine pesticide use issues, whether licensed or not. If a case needs further action, it goes to the board, which then becomes the lead agency, possibly with commissioner support. The board and the Director of Pesticide Regulation work together to determine what kinds of investigations could lead to penalties like license suspension, fines, or further board action. Routine investigations involve most cases of pesticide misuse, except for those specifically referred to the board for serious disciplinary action.
Section § 8616.6
This law requires the board to inform the Director of Pesticide Regulation if it finds that certain people have not done their jobs correctly in a specific area. The notification must clearly state what actions led to it. If the Director doesn't fix the issue satisfactorily, the board has the power to stop that person's activities in that area for up to 60 days.
Section § 8616.7
This law section specifies that when the county agricultural commissioner is performing their duties under a specific provision, they are the only authority allowed to carry out inspections and investigations, as well as take disciplinary action. However, it clarifies that this does not restrict the Division of Investigation from helping the board, except in cases involving board personnel.
Section § 8616.9
This section addresses the consequences if an employee is found not wearing required protective gear during an inspection. If this happens, the employer could face statewide disciplinary actions, be suspended from working in the county for a few days, or receive a fine. The commissioner may also fine the employee if the employer proves they provided proper training and equipment, maintained good working conditions, and have not been fined for similar issues in the past two years. If fines are issued, they range from $700 to $5,000 for employers and $250 to $5,000 for employees. The severity of the violation and the history of compliance are considered when determining the fine amount. The commissioner can also take further disciplinary actions against the employee.
Section § 8617
This law outlines the actions that can be taken against structural pest control professionals and companies in California if they violate certain regulations. Violations can lead to a suspension from performing work for up to three days, fines up to $1,000 (or $5,000 for serious violations), or required attendance in an instructional course. Before these penalties are enforced, the person or company must receive written notice and is given the opportunity to contest the violation through a hearing. If the fine isn't paid or the course isn't completed, it can affect license renewals and result in further disciplinary actions. Violations must be addressed within two years, and the board can use previous violations as grounds for further collective actions statewide.
Section § 8617.5
This section states that the rules created under Section 11503 of the Food and Agricultural Code do not apply to the rules in this chapter.
Section § 8618
If a company is registered, it has to keep certain documents, as outlined by regulations, for three years.
Section § 8619
Whenever a place is inspected for pests or organisms that destroy wood, an inspection tag must be displayed. If a pest control company finishes treating the area, they are also required to post a completion tag near the inspection tag, unless the tags are combined into one document.