Repealed and added by Stats. 1941, Ch. 1163.
Unless the text otherwise requires, the general provisions hereinafter set forth govern the construction of this chapter.
California Business and Professions Code — §§ 8500-8519.5
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Repealed and added by Stats. 1941, Ch. 1163.
Unless the text otherwise requires, the general provisions hereinafter set forth govern the construction of this chapter.
Amended by Stats. 2013, Ch. 352, Sec. 8. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.
“Director” refers to the Director of Consumer Affairs.
Amended by Stats. 2013, Ch. 352, Sec. 9. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.
“Board” refers to the Structural Pest Control Board within the Department of Consumers Affairs.
Repealed and added by Stats. 1941, Ch. 1163.
“Registrar” refers to the registrar of the Structural Pest Control Board.
Amended by Stats. 1986, Ch. 1266, Sec. 1.
“Committee” means the Disciplinary Review Committee established pursuant to Section 8660.
Amended by Stats. 1994, Ch. 1010, Sec. 14. Effective January 1, 1995.
“Person” includes an individual, firm, partnership, corporation, limited liability company, association or other organization or any combination thereof.
Added by Stats. 2014, Ch. 560, Sec. 1. (SB 1244) Effective January 1, 2015.
“Pesticide” includes any of the following:
Added by Stats. 2018, Ch. 572, Sec. 1. (SB 1481) Effective January 1, 2019.
“Control” means a pest population management system that utilizes techniques to reduce and maintain pest populations at levels below those causing economic or material injury, or to manipulate the populations to prevent causing such injury.
Added by Stats. 2018, Ch. 572, Sec. 2. (SB 1481) Effective January 1, 2019.
“Eradication” means the total elimination of a pest from a designated area. For purposes of this chapter, elimination and extermination shall have the same meaning as eradication.
Added by Stats. 2018, Ch. 572, Sec. 3. (SB 1481) Effective January 1, 2019.
“Inspection” is the act of a field representative or operator physically performing an onsite assessment of real property.
Amended by Stats. 2014, Ch. 560, Sec. 2. (SB 1244) Effective January 1, 2015.
attempting to identify infestations or infections of household or other structures by those pests or organisms.
insects.
Amended by Stats. 2014, Ch. 560, Sec. 3. (SB 1244) Effective January 1, 2015.
The following is a list of lethal fumigants:
The board may adopt,
and may as necessary amend, by regulation, a list of fumigants.
The following is a warning agent:
Chloropicrin.
The board may adopt, and may as necessary amend, by regulation, a list of warning agents.
The following is a list of simple asphyxiants:
The board may adopt, and may as
necessary amend, by regulation, a list of simple asphyxiants.
Amended by Stats. 2014, Ch. 560, Sec. 7. (SB 1244) Effective January 1, 2015.
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 depict a skull and crossbones not less than one inch in height and shall state in letters not less than one-half inch in height the name of the fumigant. These signs shall also include in legible ink of any color, the date and time fumigant was injected, and the name, address, and telephone number of the registered company performing the fumigation. Warning signs placed under a tarpaulin shall not be required to state the time the fumigant was injected.
Amended by Stats. 1985, Ch. 1348, Sec. 6. Operative January 1, 1987, by Sec. 97 of Ch. 1348.
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 company which performed the fumigation shall, immediately upon completion, post in the attic, immediately adjacent to the entrance thereto, or in the area underneath the structure, immediately adjacent to the main entrance vent thereof, or in both of such places if the structure has an attic and an accessible underarea, a durable sign not less than five inches by seven inches in size stating the name of the registered company, the date of fumigation, and the type of fumigant used.
Amended by Stats. 2014, Ch. 560, Sec. 8. (SB 1244) Effective January 1, 2015.
A registered company performing fumigation shall use an adequate warning agent with all fumigants which lack those properties. There may be circumstances in which the use of chloropicrin is not possible due to its unknown effects on sensitive items, including, but not limited to, artifacts in museums or in police evidence storage. In these circumstances, waiving the use of chloropicrin shall be approved by the state regulatory authority and documented in advance and shall include alternative safety precautions which address initial clearance of the site to be fumigated, potential movement of the fumigant to unattended areas, and continued site security. When conditions involving abnormal hazards exist, the licensee exercising direct and personal supervision shall
take those safety precautions in addition to those prescribed by this chapter as are reasonably necessary to protect the public health and safety.
Amended by Stats. 1994, Ch. 844, Sec. 3. Effective January 1, 1995.
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 a period of at least three years, during which time it shall be available at all times during business hours for inspection by the board and its authorized representatives.
Amended by Stats. 2014, Ch. 560, Sec. 9. (SB 1244) Effective January 1, 2015.
“Fumigator” means any individual licensed by the board as a structural pest control operator or as a structural pest control field representative in Branch 1 as set forth in Section 8560.
Amended by Stats. 1994, Ch. 844, Sec. 4. Effective January 1, 1995.
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.
All fumigating crews shall be outfitted with a safety kit containing safety equipment as specified by the manufacturer’s label instructions and by all applicable laws and regulations.
Amended by Stats. 2014, Ch. 560, Sec. 10. (SB 1244) Effective January 1, 2015.
Section 8616.5, and (3) for reasonable expenses incurred by the Disciplinary Review Committee. There is no reimbursement from this fund for inspections and routine investigations.
each pesticide and the amount used. The report shall be submitted to the commissioner by the 10th day of the month following the month of application and a copy shall be maintained by the licensee for a period of three years after the report submission date. Each pesticide use report or combination of use reports representing a registered structural pest control company’s total county pesticide use for the month shall require a pesticide use stamp or stamp number issued by the board in the denomination fixed by the board in accordance with Section 8674 as the pesticide use report filing fee. The board shall provide for the sale of these stamps and stamp numbers and for the refund of moneys paid for stamps and stamp numbers which are returned to it unused. When a registered structural pest control company performs no pest control during a month in a county in which it has given notice pursuant to Section 15204 of the Food and Agricultural Code, the registered company shall submit a use report stating this
fact to the commissioner. A pesticide use stamp or stamp number is not required on negative use reports.
Amended by Stats. 2014, Ch. 560, Sec. 4. (SB 1244) Effective January 1, 2015.
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 Branch 1 as set forth in Section 8560.
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