Ariz. Admin. Code § 3-8-503

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

Section R3-8-503 - Business Licensee and Political Subdivision Recordkeeping and Retention

A. In addition to ensuring that the records required under R3-8-501 and R3-8-502 are made and maintained, a business licensee and political subdivision shall make and maintain records of the following:

1. The specimen label and SDS for each registered pesticide currently used by an applicator supervised, directed or employed by the business licensee or political subdivision;

2. The financial responsibility required under R3-8-310(A), if applicable;

3. Purchase records of each pesticide purchased or otherwise acquired that include the following information:

a. Date of purchase or acquisition;

b. Trade name of pesticide;

c. Quantity of pesticide purchased or acquired; and

d. Name of the business licensee;

4. Date on which a service vehicle or trailer is acquired;

5. Incident reports submitted to the PMD as required under R3-8-504;

6. A pest management service provided, including a service provided under a warranty;

7. The evidence of customer refusal of a re-treatment or post-construction treatment required under R3-8-309(J);

8. Written inspection reports;

9. Business licensee contracts for pest management services; and

10. Personnel records including for each applicator supervised, directed or employed by the business licensee or political subdivision:

a. Date of hire or beginning of relationship;

b. Date on which pest management services are first performed;

c. Training and continuing education received;

d. Supervision received;

e. Protective clothing, safety supplies, and equipment issued to employee;

f. Name of supervisor; and

g. Employment or relationship ending date.

B. A business licensee or political subdivision shall maintain the records as follows:

1. Records under subsection (A)(1), as long as the registered pesticide is used by the business licensee or political subdivision. The business licensee shall maintain the records required under subsection (A)(1) at the primary business office or branch office from which the registered pesticide is used or at which the registered pesticide is stored;

2. Records under subsection (A)(2), current;

3. Records under subsection (A)(3) or R3-8-501(C) and (D), three years from the date of purchase or disposal;

4. Records under subsection (A)(4), as long as the service vehicle or trailer is owned by the business licensee or political subdivision;

5. Records under subsection (A)(5), until the statute of limitation for possible legal action resulting from the incident is expired or until resulting legal action is completed;

6. Records under subsection (A)(6) and (A)(7), three years;

7. Records under subsections (A)(8) and (A)(9), three years from the date on the inspection report or customer contract;

8. Records under subsection (A)(10), three years, including after the employment ending date;

9. WDIIRs completed under subsection (C), three years; and

10. Records under subsections (A)(5) and (A)(6) that pertain to the use of a restricted-use pesticide shall be maintained separate from other records.

C. When an applicator supervised, directed or employed by a business licensee submits a WDIIR, the business licensee shall record the following on the WDIIR:

1. TARF number,

2. If the business licensee has the property under warranty:

a. Account number,

b. Target pest,

c. Date of initial treatment,

d. Date of warranty expiration, and

3. The TARF number of each TARF completed regarding the property after the WDIIR is completed.

D. TARF. A business licensee or political subdivision shall:

1. Submit to the PMD a TARF, using a form approved by the PMD, within 30 days of completing an action specified under subsection (D)(3). For the purpose of reporting, a pretreatment or new-construction treatment is complete when no further preventative treatment is necessary until the final grade treatment unless it is necessary to re-treat a disturbed continuous chemical barrier. In a multiple-unit project, a pretreatment or new- construction is complete when no further preventative treatment is necessary for the last unit at the project until the final grade treatment unless it is necessary to re-treat a disturbed continuous chemical barrier;

2. Include the fee with each TARF and, if applicable, the penalty required under R3-8-103;

3. Unless exempt under subsection (D)(4), submit a TARF after completing each of the following:

a. Pretreatment, including pretreatment of an addition that does not abut the slab of a previously pretreated structure;

b. New-construction treatment, including new-construction treatment of an addition that does not abut the slab of a previously new-construction treated structure;

c. Final grade treatment;

d. Initial corrective termite treatment at a site; and

e. WDIIR.

4. Not submit a TARF after completing:

a. A supplemental WDIIR; or

b. The first initial corrective insect termite treatment at a site if the business licensee:

i. Performed a pretreatment or new-construction treatment at the site,

ii. Filed a TARF regarding the pretreatment or new-construction treatment, and

iii. Performs the initial corrective termite treatment under R3-8-309(D) or under a warranty.

5. Include the information required under A.R.S. § 3-3631 and the following on a TARF:

a. License number of the licensed business that performed the work;

b. Name of the QP;

c. For a WDIIR, indicate whether:

i. There was evidence of infestation, conditions conducive to infestation, or damage present;

ii. Previous treatment was performed for an infestation; and

iii. Corrective actions were taken for conditions conducive or damage present;

d. For a pretreatment, new-construction treatment, or final grade treatment to establish an exterior vertical barrier, indicate:

i. Chemical used and its EPA registration number,

ii. Amount of chemical used,

iii. Percentage of active ingredient in the chemical used, and

iv. Square and linear footage treated; and

e. For a post-construction corrective termite treatment, indicate:

i. Type of treatment,

ii. Target organism,

iii. Chemical used and its EPA registration number,

iv. Amount of chemical used, and

v. Percentage of active ingredient in the chemical used.

Ariz. Admin. Code § R3-8-503

New Section recodified from R4-29-503 at 23 A.A.R. 1976, effective June 30, 2017; Section amended by exempt rulemaking at 23 A.A.R. 1949, effective August 29, 2017 (Supp. 17-2). Amended by final rulemaking at 29 A.A.R. 757, effective 3/10/2023.