Ariz. Admin. Code § 3-8-308

Current through Register Vol. 30, No. 50, December 13, 2024

Section R3-8-308 - Performing Wood-destroying Insect Management

A. An applicator shall not perform wood-destroying insect management or fumigation unless the applicator is certified in the category of wood-destroying organism treatment or fumigation, respectively, or working under the immediate supervision of an applicator who is certified in the category of wood-destroying organism treatment or fumigation respectively.

B. An applicator shall not perform wood-destroying insect management, issue a treatment proposal, or quote a fee for service until the business licensee that employs the applicator ensures that:

1. An on-site inspection of the property is performed by a certified applicator meeting the training requirement under A.R.S. § 3-3632(E),

2. A treatment proposal is prepared, based upon the on-site inspection, on a form approved by the PMD and contains the information required under A.R.S. § 3-3632(B) and (C), and

3. The treatment proposal is delivered to the person requesting the proposal or treatment, prior to the treatment.

C. An applicator shall apply a termiticide only in the quantity, strength, dosage, and manner prescribed on the termiticide label unless otherwise specified by this Chapter or a PMD order.

D. Pretreatment for commercial or residential construction.

1. Unless a contract between the business licensee and customer specifies additional requirements, an applicator performing a pretreatment shall:

a. Establish a horizontal barrier of termiticide before any concrete slab under roof is poured or in conjunction with establishing the footings and supports for a raised foundation; and

b. Establish a vertical barrier of termiticide in all critical areas visible during the time of pretreatment. An area is critical at the time of pretreatment if the area is identified as critical by the termiticide label or if there is soil in the immediate vicinity of:

i. A penetration or protrusion through the slab;

ii. An observable preset for crack or joint control;

iii. A formed-up change of grade level;

iv. Abutting slabs;

v. A bath trap or tear-out;

vi. The interior of a foundation or stem wall; or

vii. A pier, pillar, pipe, or other object that extends from the soil to the structure.

2. Except as specified on the termiticide label , an applicator shall treat all critical areas during a pretreatment at a rate allowed by the product label, for each foot of depth from grade level to the footer. If there is no adjacent footer, the applicator shall treat to a depth of one foot or as specified by labeling instructions.

3. Unless the termiticide label requires more, an applicator is not required to treat a critical area during a pretreatment beyond a depth of four feet if:

a. Treating beyond a depth of four feet will, or reasonably may, cause an off-site application;

b. Access to the footer is not possible because of its distance below grade; or

c. Treating beyond a depth of four feet will, or reasonably may cause an environmental contamination.

4. If an applicator does not treat a critical area during a pretreatment beyond a depth of four feet because the applicator determines that one of the exceptions in subsection (D)(3) is applicable, the applicator shall:

a. Apply the amount of termiticide possible without causing an off-site application or environmental contamination, and

b. Include evidence of the exception in the treatment record. Evidence of the exception may include:

i. A photograph of the interior grade and adjacent location that would or reasonably might be contaminated by treating beyond a depth of four feet,

ii. A photograph of the site after the pretreatment but before concrete placement,

iii. A written statement from the general contractor concerning the fill material and compaction rating,

iv. A written statement from the concrete subcontractor describing the depth of the footer as greater than four feet, or

v. A written compaction rating statement from the engineering subcontractor.

5. If an applicator is advised before concrete is poured that a treated area is disturbed and the continuous horizontal or vertical chemical barrier established under subsection (D)(1) is broken, and if the applicator is provided an opportunity to re-treat the disturbed area, the applicator shall re-treat the disturbed area and re-establish a continuous horizontal and vertical chemical barrier.

6. Immediately after completing a pretreatment, an applicator shall securely affix a tag to the pretreatment site. The applicator shall ensure that the tag is visible, readily available for inspection, and unlikely to be covered with concrete or soil. If there is a contractor's permit or inspection board at the pretreatment site, the applicator may affix the tag to the board. The applicator shall ensure that the tag contains the following in-formation about the pretreatment:

a. Name of business licensee;

b. Address of business licensee;

c. Telephone number of business licensee;

d. License number of business licensee;

e. Location or address of project;

f. Date of pretreatment application;

g. Time that application was started (not time that applicator arrived at the site);

h. Time that application ended (not time that applicator left the site);

i. Trade name of pesticide used;

j. Percentage of active ingredient in the pesticide used;

k. Number of gallons of chemical preparation applied;

l. Square footage of area treated;

m. Linear footage of area treated;

n. Type of slab construction;

o. Name of applicator; and

p. Certification number of applicator or, if not certified, the name and certification number of the applicator providing immediate supervision.

7. If it is necessary for an applicator to abandon a pretreatment site before completing the treatment, the applicator shall complete and affix the tag described in subsection (D)(6), representing the work completed, and after marking the tag "TREATMENT INCOMPLETE."

8. If a contractor requires a copy of the tag described in subsection (D)(6) for the customer's file, an applicator shall prepare and provide the contractor with a duplicate tag that is clearly marked "DUPLICATE."

E. New-construction treatment for commercial or residential construction.

1. Unless specifically precluded by the termiticide label, an applicator performing a new-construction treatment shall treat all critical areas visible at the time of the treatment. An area is critical at the time of a new-construction treatment if the area is identified as critical by the termiticide label or if there is soil in the immediate vicinity of:

a. A penetration or protrusion through the slab;

b. An observable crack or joint;

c. Abutting slabs;

d. A bath trap or tear-out;

e. The interior of a foundation or stem wall; or

f. A pier, pillar, pipe, or other object that extends from the soil to the structure.

2. An applicator shall comply with subsections (D)(2) through (D)(4) when treating a critical area during a new-construction treatment except that the treatment shall be at the labeled rate rather than at a rate of four gallons of chemical preparation per 10 linear feet for each foot of depth.

3. If an applicator is advised that a treated area is disturbed, the applicator shall re-treat the disturbed area.

4. Immediately after completing a new-construction treatment, an applicator shall securely affix a tag to the new-construction site in the manner described in subsection (D)(6). The applicator shall ensure that the tag contains the information listed in subsection (D)(6).

5. An applicator shall comply with subsections (D)(7) and (D)(8) when performing a new-construction treatment.

F. Final grade treatment for commercial or residential construction.

1. A business licensee that performs a pretreatment or new-construction treatment shall perform a final grade treatment. The final grade treatment must occur after all grading and other construction-related soil disturbance is complete, but within 18 months of the original pretreatment or new construction treatment. The business licensee shall keep a written or electronic record as to why the final grade has not been completed and an estimated time for completion. This record shall be available upon written requests for inspection by the Agency.

Except as specified on the termiticide label, an applicator shall treat all critical areas during a pretreatment at a rate allowed by the product label.

3. An applicator shall leave a record of the final grade treatment in an unlocked electrical or circuit-breaker box, if available. Otherwise, the applicator shall conspicuously post or leave the record with the property agent. The applicator shall ensure that the record of the final grade treatment contains the information listed in subsection (D)(6), except the information required under subsections (D)(6)(l) and (D)(6)(n) is not required.

G. An applicator who performs a pretreatment, new-construction treatment or final grade treatment shall ensure that a copy of the information recorded on a tag required under subsection (D) or (E) or the final grade treatment record required under subsection (F) is provided to the business licensee for inclusion in the business licensee's service records.

H. A warranty regarding subterranean termite treatment shall only be issued to a builder if the structure received a pretreatment or a new-construction treatment.

I. Post-construction treatment for commercial or residential construction.

1. If an applicator uses a drilling and injecting application method for a post-construction treatment, the applicator shall space the treatment holes in each treated area no more than 24 inches apart or in accordance with the termiticide label, whichever is more restrictive. If an applicator determines that a structural feature makes it necessary to space treatment holes more than 24 inches apart, the applicator may space the treatment holes more than 24 inches apart if the greater distance is within the limits on the termiticide label.

2. After completing a post-construction treatment using a drilling and injection application method, an applicator shall securely patch all treatment holes, including those in an un-finished basement, enclosed porch, garage, or workshop, with a material that is non-porous and non- cellulose.

3. Unless precluded by label directions, any application to treat the soil along the exterior of foundation walls shall be made at an effective treatment rate of four gallons of chemical preparation per ten linear feet in a trench six inches wide or other method of treatment prescribed by the label to achieve the effective treatment rate.

4. All post construction treatments shall be made in accordance with the treatment proposal delivered as required under subsection (B). Any deviations to the original proposal shall be redelivered in writing in a revised treatment proposal and shall be approved prior to performing the treatment by the person who requested the original proposal or their authorized agent.

Ariz. Admin. Code § R3-8-308

Adopted by exempt rulemaking at 23 A.A.R. 1949, effective 8/9/2017. Amended by final rulemaking at 29 A.A.R. 757, effective 3/10/2023.