209.02.12 Ark. Code R. 004
This chapter shall be known by the short title of "Arkansas Pest Control Law".
As used in this chapter, unless the context otherwise requires:
The rules and regulations made under authority of Acts 1965, No. Ill [repealed], shall continue in force and have the effect of law under authority of this chapter, except that those parts that may be in conflict with this chapter shall be considered invalid, and except as subsequently amended, invalidated, or added to by the board.
No occupational license, authorization, or similar license taxes shall be issued by municipalities, counties, or other state or federal agencies, or subdivisions thereof, to any person to engage in pest control service work for compensation, unless the person holds a valid license issued by the board to do that work.
Nothing in this chapter shall require the board to issue a license or registration to an applicant who has been convicted in a court for a violation of this chapter or the Federal Insecticide, Fungicide, and Rodenticide Act.
Any applicant who fails to pass the written examination in any classification must wait at least three (3) months before being eligible to take another examination in the same classification.
The fee for the issuance of a license in each classification shall be paid annually. The license shall expire June 30 following the date issued.
Every nonresident licensee shall designate a resident agent upon whom service of notice or process may be made to enforce the provisions of this chapter or any liabilities arising from operation under this chapter.
The board shall have the authority to refuse the issuance of a license even though a passing grade is made on the written examination if the board, in its judgment, after reviewing the evidence of reference checks, deems the applicant is not morally and financially responsible.
Acts which shall be grounds for invalidation or nonrenewal of a license shall include, but shall not be limited to, the following:
A license shall automatically become invalid should the licensed operator whose name appears on the license cease to personally supervise and be in direct charge of the pest control operation. The license shall remain invalid until some other person, having been examined in accordance with this chapter and the rules and regulations under this chapter, shall be certified as the licensed operator in his stead.
RULES AND REGULATIONS OF THE STATE PLANT BOARD
The following Rules and Regulations have been promulgated and adopted by the State Plant Board under authority of the Arkansas Pest Control Law Act 488 of 1975 as amended A.C.A.,§ 17-37-101 et seq.
Classifications:
The following classifications have been established for applicator licensing and certification purposes.
APPLICATORS
* LICENSE HOLDERS (business owner, firm, corporation, etc.)
* COMMERCIAL APPLICATORS (Licensed Operator)
* NON-COMMERCIAL APPLICATORS
*REGI STERED AGENTS
All applicants must submit an application to the Plant Board, on forms furnished by the Plant Board, at least 5 working days prior to the examinations. Processing of each application must be completed before the examinations are given. All applicants must be a minimum age of eighteen (18).
The written examinations in classifications 1, 2, and 3 will be given the second Monday of January, March, May, July, September and November. Examinations in classifications 4, 5, 6, 7, 8, 9, and 10 will be given the second Monday of February, April, June, August, October and December at a time and place designated by the State Plant Board. In the event of technological advances that allow for changes in the administration of the exams, circumstances beyond the control of the State Plant Board occur, or any of the designated dates occur on a day, when State offices are closed, the Director of the State Plant Board may designate alternate dates for the examinations. The examinations will be graded by an examiner designated by the Plant Board.
Applicants must be a minimum age of eighteen (18). Applicants must submit an application to the Plant Board on forms provided by the Commercial Pest Control Section. The license holder must themselves be or shall employ and maintain at least one commercial applicator licensed for each classification of pest control service work provided by the license holder. The commercial applicators shall maintain direct supervision over all pest control services provided by the license holders business. No more than 20 registered agents shall be supervised by any one (1) commercial applicator. The license holder's license shall be issued in the name of the Pest Control firm. Prior to the issuance of the license for Classifications 1, 2, or 3 the license holder shall provide the Plant Board with copies of all required surety bond and/or insurance policies. The surety bond and insurance shall be issued to the license holder and the license holder shall guarantee that the insurance and bond policies cover all pest control service work performed by the license holder's commercial applicators and/or registered agents.
Applicants must be a minimum age of eighteen (18). After passing the appropriate examinations (1, 2, 3, 4, 5, or 6), all commercial applicators must submit an application and the required fees to the Plant Board on forms provided by the Pest Control Section. Commercial applicator applicants must themselves be or must be employed by a license holder prior to the issuance of an applicator's license. A commercial applicator's license shall become invalid in the event they cease to be themselves a license holder or employed by a license holder. The applicators license shall remain invalid until such time the applicator re-establishes employment with a license holder or acquires a license holder's license.
Applicants must be a minimum age of eighteen (18). After passing the appropriate examinations (7, 8, 9 or 10), all non-commercial applicators must submit an application and the required fees to the Plant Board on forms provided by the Pest Control Section.
The following fees have been established to carry out the provisions of Arkansas Pest Control Law.
License Holder License (Must be renewed prior to June 30 annually):
■0-20 Registered agents................................. | $100.00 |
■21-40 Registered agents................................ | $250.00 |
41 or more Registered agents................................ | ..$500.00 |
Commercial Applicator License (Must be renewed prior to June 30 annually):
Applicators First Classification....................... | $150.00 |
Each Additional Classification............................ | $100.00 |
Maximum per Applicator................................. | $300.00 |
Agent Registration (Must be renewed prior to June 30 annually):
Initial registration........................................ | Exam Fee |
Annual renewal.......................................... | $30.00 |
Non-Commercial Applicator Certificate (Must be renewed prior to June 30 annually):
Per Applicator.................................................. | $70.00 |
Commercial and Non-Commercial Applicator Examination:
Each classification........................................... | .$100.00 |
Regi stered Agent Examination:
Per Exam................................................... | $30.00 |
Reporting:
Each building on which a Class 1 structural pest contract is issued .... | ....$5.00 |
Late fee (30 or more days after due date)............................................ | .$10.00 |
Each first 5 building treated by new Class 1 licensee........................ | ....$20.00 |
Inspection (Each building treated for Class 1 structural pest found not in compliance):
First Notice................................................................! | $50.00 |
Second Notice.............................................................. | $100.00 |
Third Notice................................................................. | $500.00 |
License holders of classifications 1, 2, 3, 4, 5 or 6 shall register with the Plant Board all individuals employed by them, including those employed for solicitation as their agent. Clerical staff and persons employed for working only on the premises of the office (such as building or vehicle maintenance, cleaning, technical or communication services, etc.) are excluded. Each agent shall be registered only in the classification of pest control for which the license holder is licensed to perform. Agent trainees must be on-the-job trained by the license holder within 20 working days of their employment. Within 45 working days of their employment and after the completion the on-the-job training the agent trainee must take an exam administered by the Plant Board, or a representative appointed by the Plant Board. Registered agent exams will be given on Wednesday of each week at a time and location designated by the State Plant Board. In the event of technological advances that allow for changes in the administration of the exams, circumstances beyond the control of the State Plant Board occur, or any of the designated dates occur on a day, when State offices are closed, the Director of the State Plant Board may designate alternate dates for the examinations. Until registration the agent trainee may apply pesticides only in the physical presence of a commercial applicator or registered agent.
Training:
Forty hours of verifiable on-the-job training, performed under the direct supervision, direction and control of a qualified trainer. A qualified trainer shall be a commercial applicator or agent with at least one year of experience in the pest control industry or other individual approved by the Plant Board. During the application of pesticides a qualified trainer must be physically present on the job site. On-the-job training must be documented by the license holder on an agent training verification form provided by the State Plant Board. The information shall include the names of the trainee and trainer, the dates of training, and the total hours worked for each date of the training.
Examination and Registration:
The Arkansas State Plant Board shall provide an agent examination and registration application form. The license holder shall complete the form and submit it to the Pest Control Section with a copy of the agent trainee's on-the-job training verification form and the examination fee. Examination and registration forms submitted without the on-the-job verification and/or the examination fee will be considered incomplete and the trainee will not be eligible to take the examination. Complete agent exam and registration applications must be submitted to the Plant Board at least 5 working days prior to the examination. Upon passing the exam agents will be considered registered. Official agent registration identification cards will be provided to the license holder within 30 days of the exam date.
Regi stered agents who cease to be employed by a license holder must receive the 40 hours of on-the-job training before being eligible for re-registration. Agents not registered for more than 24 months will lose eligibility for re-registration and must complete the initial training and examination requirements to be re-registered. Registered agents under the minimum age of 18 are restricted from performing pesticide applications or being in sole possession of pesticides. License holders and commercial applicators found in violation of allowing employees of their pest control firm under the age of 18 perform pesticide applications or being in sole possession of pesticides will be subject to enforcement action as per the Arkansas State Plant Board Pest Control Enforcement Response Regulations - Penalty Matrix - Violation # 2 (C).
Continuing Education:
To maintain registration, agents shall be kept abreast of pest control technology and receive a minimum of 6 hours of continuing education each year. Continuing education may be achieved by completing a license holder's in-house training program or attendance of, Plant Board approved, seminars sponsored by the various associations, manufactures or suppliers affiliated with the pest control industry or the cooperative extension service. Agent annual continuing education training shall consist of:
Applicator safety (PPE, label instructions, human and/or non-target species exposure, safe storage and transportation of pesticides, etc.) - 2 hours
Integrated Pest Management (IPM) - 1 hour
Application equipment maintenance and methods of application - 1 hour
Environmental concerns (container disposal, spill clean up, drift, etc.) - 1 hour
Laws and Regulations - 1 hour
License holders shall document in house training on forms provided by the Plant Board. Ongoing education provided to agents by attending approved seminars, training schools, etc. shall be documented with appropriate forms issued by the training's sponsors to the attendees. Records of training must be kept, by the license holder, for as long as the agent is employed. Such records shall be available for review by the State Plant Board during normal business hours. At any time, should the Board determine that training requirements have not been met, the license holder may be subject to enforcement action as per the Arkansas State Plant Board Pest Control Enforcement Response Regulations - Penalty Matrix - Violation # 7.
Any person or firm who is refused a license, certificate, or agent registration or whose license, certificate, or agent registration is being considered for invalidation, may secure a hearing before the Pest Control Committee before the final Board action is taken. This Committee shall consist of the Board member who represents the Head of the Department of Entomology, University of Arkansas, who shall act as the Chairman, and the Board member who represents the Arkansas Pest Management Association. Remaining committee members shall be appointed by the Chairman of the Plant Board. This Committee may hold hearings regarding licenses, certificates, and agent registrations to take testimony and gather evidence regarding same. Such testimony, evidence and the committee's recommendation shall be made available to the Board for consideration and final action.
Each commercial applicator and non-commercial applicator shall keep himself / herself abreast of changing pest control technology to assure a continuing level of competence and ability to use pesticides safely and properly. The completion of a Cooperative Extension Service approved pest control training, conference, seminar, etc. every third year shall be considered adequate to satisfy this requirement. An appropriate form shall be filed with the Plant Board as proof of attendance. Any applicator failing to meet this provision shall be reexamined or lose the license or certificate.
Plant Board standards for the licensing and certification of commercial applicators and noncommercial applicators shall be the same as the standards set forth in Section 171.4 thru 171.6 of the Code of Federal Regulations 40 CFR part 171 written pursuant to the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), as amended. Said sections are as follows: Section 171.4, Standards for Certification of Commercial Applicators; Section 171.5 Standards for Certification of Private Applicators, and Section 171.6 Standards for Supervision of Non-Certified Applicators by Certified Private and Commercial Applicators.
On forms provided by the Plant Board, license holders in classifications 1, 2, 3, 4, 5 or 6 shall register the physical address of each office from which they will engage in the practice of pest control service. An office is considered to be any building or similar structure where normal business activity might occur including any and all locations (excluding service vehicles) where pesticide products are stored and/or distributed.
The following regulations are promulgated to clarify the Board's intent relative to certain sections of the Pest Control law.
A.C.A. § 17-37-102. Definitions:
A.C.A. § 17-37-206 License Application:
A.C.A. § 17-37-216 & 17-37-217:
Refusal to issue a license, certificate, or agent registration. Grounds for invalidation or non-renewal of a license, certificate, or agent registration.
In addition to invalidation and denial, this section shall also be considered as providing for the suspension of a license, certificate, or agent registration. Items (1) thru (11) shall be considered as grounds for suspension as well as denial or invalidation of a license, certificate, or agent registration. In addition, the use of a pesticide inconsistent with its labeling shall also be considered grounds for denial, suspension or invalidation of a license, certificate, or agent registration.
A.C.A. § 17-37-202(b) Exemption:
Shall provide for the use of general use pesticides only, during the period of time a pest control company may operate without a commercial applicator (licensed operator).
A.C.A. § 17-37-203 Exemptions:
The exemptions stated in 17-37-203 shall apply only to persons who use general use pesticides.
A.C.A. § 17-37-103 Penalties:
Items (1) thru (11) of A.C.A. § 17-37-217 shall be considered violations of the Pest Control Law and its regulations and shall be subject to the penalties stated in A.C.A. § 17-37-103 and the Pest Control Enforcement Response Regulations as stated in Section IX.
A.C.A. § 17-37-106 Prior Rules and Regulations:
This section does not repeal Act 389 of 1975 A.C.A. § 20-20-202 or act 410 of 1975 A.C.A. § 2-16-402 or any part of either act.
RULES AND REGULATIONS FOR HOLDERS AND APPLICATORS
OF A TERMITE AND OTHER STRUCTURAL PESTS LICENSE
(CLASSIFICATION ONE)
All license holders in Classification One shall issue a signed contract, along with a complete plot or diagram showing the location of visible damage, active or previous infestation and an outline of the work to be carried out on each job performed for the prevention, control or eradication of termites and other structural pests, including soil pre-treatments and letters of clearance. Effective July 1, 2013 all plots or diagrams (graphs) shall have imprinted, on the face, a legend or key containing symbols (of the license holders choice) clearly identifying, at a minimum, the following conditions:
Termite activity
Termite damage
Powder Post Beetles
Powder Post Beetle damage
Said contracts must guarantee the performance of work for a period of not less than one year and clearly state, on the face of the contract, the name and EPA Registration number of the chemical used, if repairs of damage are included or if the license holder's liability is limited to re-treatment only for the control of termites under the guarantee. License holders must submit a legible copy of all contracts to the Plant Board for review prior to their issuance. When issuing a letter of clearance on a building that is already under a current contract by the license holder writing the letter of clearance, for a real estate transaction, a new contract, including diagram, shall be issued in the name of the new buyer, guaranteeing the performance of work for one year from the date the letter of clearance is issued. The new contract requirement shall not apply in cases where the letter of clearance is issued on buildings already under contract, that are being refinanced, provided the license holder holding the contract issues the letter of clearance. Letters of clearance, written on buildings under contract by the license holder, must show the original date of treatment.
The number of contracts, providing a re-treatment only guarantee, for the control of termites that a license holder may issue per fiscal year ( July 1 to June 30) shall not exceed 20% of the number of buildings for which the license holder reported and paid reporting fees during the previous fiscal year (July lto June 30).
Renewals:
Each time a contract is renewed the license holder shall assume responsibility for bringing substandard conditions in the building under contract up to standards, except on prior approved substandard buildings. This shall also apply to all new additions to the building unless the license holder shows in bold print, on the renewal notice, that the renewal does not cover new additions to the building. When a license holder elects not to renew a viable contract, the owner must be notified by return receipt requested certified mail, at least 30 days prior to the contract expiration date, of the intent not to renew the contract. Notification by the license holder of non-renewal does not apply when the contract is terminated for non-payment of the renewal fee, or canceled by the consumer, provided the consumer was notified a renewal fee was due.
License holders shall give complete information required by Code 17-37-221 of the Pest Control Law by filing monthly reports. This information shall be filed with the Board even though it is understood that payment for the service will be made at a later date. In all cases where there is a question as to whether a job is completed, the criterion for a completed job shall be payment in part or in full. Each license holder shall be responsible for, or shall guarantee for at least one year, all representations, provisions, declarations, work or services called for by the contract, and the diagram of the property or by Letters of Clearance.
Each building on which a contract is issued for the prevention, control or eradication of termites shall meet the Minimum Standards outlined in Section III A, III B, III D or III E of these regulations, unless unusual structural or physical conditions render the correction of certain conditions to portions of the building impractical. In such cases, an exclusion of certain minimum treating standards shall be made on forms supplied by the Plant Board. Provided the remainder of the structure is treated to meet all remaining Minimum Standards. Requests for exclusion of certain minimum treating standards shall be made on forms supplied by the Plant Board. Each request for exclusion of certain minimum treating standards shall contain all property owner and pest control operator information and all information must be provided or the request will be considered incomplete and may not be processed. Each request for exclusion shall also clearly state which treatment standard is to be excluded. An inspection fee of $50.00 shall be assessed for each application submitted. Plant Board staff may contact property owners and discuss exclusion application as staff feels situation warrants. Should Plant Board staff determine, through direct communication, that the property owner is not fully informed and in agreement with the type and quality of work to be performed under the exclusion agreement, approval to exclude the requested treatment standard will be denied. The approval/denial decision will be made within two (2) working days from the date of receipt of the request. If a request for exclusion of certain minimum treating standards is approved, a form with a notification of approval will be returned to the Pest Control Operator. The Pest Control Operator shall sign the form, secure the signature of the Property Owner, and date of signing. The signed and dated form shall be considered an attachment of the Contract for Control of Termites issued on the subject property and shall be submitted with a copy of the contract and graph to the property owner and also reported in the copies sent to the Plant Board. The contract, issued on the building for which the Exclusion of Certain Minimum Treating Standards has been approved, shall clearly state that minimum requirements for Structural Pest Control Work have not been fulfilled and reference the form as being a part of the contract. Contracts for which an Exclusion has been approved but that do not clearly reference the exclusion form as a part of the contract, the exclusion approval shall be considered invalid and the operator shall be issued a Report of Sub-Standard Termite Treatment (Pink Slip) for the specific substandard conditions. The use of any document or agreement, for the purpose of issuing a substandard termite treatment contract, other than a pre-approved Exclusion of Certain Minimum
Treating Standards form, issued by the Plant Board, is strictly prohibited. Enforcement action shall be taken against all license holders and licensed operators found attempting to use such documents and the violation shall be considered Misrepresentation for the Purpose of Deceiving or Defrauding and subject to the fourth (4th) level of enforcement as per Arkansas State Plant Board Pest Control Enforcement Response Regulations and Appendix A of Circular 6.
The maximum number of Exclusions of Certain Minimum Treating Standards approvals available to any license holder in any license year (currently July 1 to June 30) shall be limited to a number equal to ten percent (10%) of the number of buildings covered with a termite protection plan for which the license holder reported and paid reporting fees during the previous license year.
Any statements as to the condition of a building pertaining to termites, or other wood destroying insects or decay fungi (Rot), other than a bid or proposal for treatment shall be considered a Letter of Clearance. Letters of Clearance shall not be issued by any person, business, or entity without first acquiring a commercial license to perform Classification 1 (Termite and Other Structural Pest Control) work. Letters of Clearance issued in connection with a real estate transaction shall be made on a form officially adopted by the State Plant Board. This form shall be the current Wood Destroying Insect Infestation Inspection Report form prescribed by HUD. Letters of clearance must be accompanied by a signed contract providing a guarantee of at least one year and a graph or diagram showing, if present, the location of active or inactive wood destroying insect infestations and visible damage. If conditions exist in the crawl space that are favorable to the possibility of moisture damage to the substructure the license holder must disclose, in the additional comments section on the form, that a moisture condition exist in the crawl space. Structures upon which letters of clearance are written must meet all conditions stated in the letter as well as all the minimum requirements for structural pest work in Sections IIIA, IIIB, and HID or III E. For additional responsibility on Letters of Clearance see Section II, Item I, Contracts.
Areas which are inaccessible for inspection must be clearly described in the letter. Inaccessible areas in crawl spaces must be made accessible as per minimum treating standards or excluded by an Exclusion of Minimum Treating Standards attachment to the contract.
When a Letter of clearance is issued on a building for which previous substandard prior approval, waiver of the minimum treating requirements, or exclusion of certain minimum treating standards has been given, the license holder shall notify the new owner on the Clearance Letter and Contract that specified prior approved substandard conditions exist in the structure. When this is done the license holder shall not be issued a Report of Substandard Termite Treatment on the specified substandard conditions.
Each license holder shall remit to the Plant Board, by the 15th day of each month, an inspection fee of $5.00 for each building on which a contract has been issued during the previous calendar month excluding new contracts issued with letters of clearance on buildings under current contracts. The $5.00 reporting fee shall be paid on each building treated regardless of how many buildings are covered by a single contract. If for any reason the payment of this fee is delayed more than 30 days the fee shall be doubled. The Plant Board, through its authorized representatives, reserves the right to inspect any or all buildings on which a contract has been issued, to determine compliance with the Pest Control Law and Rules and Regulations made there-under.
Should inspections, by the Plant Board's representatives, of buildings covered by a contract, including a renewal of a contract and/or Letter of Clearance, be found infested with termites or other structural pests for which prevention, control or eradication has been contracted, or if the
Plant Board's minimum standards (Sections IIIA, IIIB, HID and HIE), other than those excepted in the contract and given prior approval, a waiver of certain minimum treating standards, or an exclusion of certain minimum treating standards by the Plant Board, have not been met or fulfilled, or misrepresentations have been made to the owner, the Plant Board will send the license holder a notice to that effect. The license holder shall, within 15 days, retreat the building when necessary and otherwise bring the building into compliance with the law and these regulations and shall submit to the Plant Board along with the report of correction an appropriate re-inspection fee. If the necessary corrections cannot be made in 15 days due to circumstances beyond the license holder's control, additional time may be requested from the Plant Board office. When a notice has not been returned by the due date and the license holder has not contacted the Plant Board office concerning the notice, a re-inspection of the building will be made and another notice will be issued, if the building has not been brought up to standard at the time of the re-inspection. Should subsequent re-inspections reveal the building still not in compliance, a third and final notice will be issued following the same procedure outlined above. Should re-inspections of the third and final notice reveal the building is still not in compliance the license holder will be subject to enforcement action according to Arkansas State Plant Board Pest Control Enforcement Response Regulations. These fees for each notice are to pay for the cost of inspections and payment does not preclude invalidation of a license by the Plant Board should this be warranted.
Within 90 days of issuance of a first termite and other structural pest license to a commercial applicator, the new commercial applicator shall submit a report on their first five termite treatments including all required forms and information. The report shall be accompanied by an inspection fee of $20.00 for each job and the regular $5.00 reporting fee will be waived on these first five jobs. The new commercial applicator must be present and directly perform and/or supervise the first five termite treatments. Plant Board representatives will inspect the jobs to assess the applicator's performance and compliance with the law and regulations. New construction (pre-treat) applications must be monitored by Plant Board representatives. The new commercial applicator must notify the Commercial Pest Control Section 48 hours prior to all first five pre-treat applications.
An extension of the 90 day due date may be granted upon written request submitted to the Plant Board. If a commercial applicator does not complete and report their first five jobs in 90 days or upon the extended due date, or if inspection shows that the applicator is apparently not qualified, a notification that no more work is to be performed will be issued and the Plant Board will consider revoking the applicator's license. A hearing before the Board's Pest Control Committee may be requested by filing a certified letter with the Board within 20 days of receipt of the notice.
A commercial applicator (licensed operator) shall be considered in charge of all pest control work and/or services performed. Commercial applicators shall be readily available and shall maintain a supervisory position over all pest control agents performing work in the classification or classifications for which the commercial applicator is licensed. No more than 20 registered agents shall be supervised by any one commercial applicator. The license holder shall assign supervisory charge of commercial applicators over registered technicians. If evidence shows a registered technician commits a violation of Arkansas Pest Control Law or Rules and Regulations the license holder shall be required to identify the technicians supervising commercial applicator. If evidence shows a commercial applicator and/or applicators are no longer in charge of the license holder's pest control operation, the commercial applicator (and/or applicators) and license holder's licenses shall be deemed invalid in accordance with the provisions of the Pest Control Law.
Any time that an unreasonably high (15% or more) number of jobs of a license holder upon inspection are found not in compliance with the law and these regulations, the Pest Control Committee, after reviewing the record of the licensee in question, may instruct Plant Board inspectors to inspect all jobs reported during the previous year. In such a case the license holder will be notified by registered or certified letter (return receipt requested) that their work has not been satisfactory. The Plant Board will withhold any further inspections for 60 days following the receipt of this notice. After the 60-day delay, all jobs reported the previous year, not including those previously checked and in compliance, will be inspected. The time period covered will be the year previous to the date that the above notice is received by the license holder.
EXISTING STRUCTURES
An opening, at least 14 inches high and 16 inches wide, shall be provided to permit inspection under all parts of the building.
The term chemical, when used hereafter, shall apply to pesticides used for the control or prevention of termites, powder-post beetles, wood destroying fungi and other wood destroying organisms. The name of the chemical used and the product's EPA Registration number shall be clearly stated on the face of each contract and clearly identified on any and all re-treatment records. This requirement shall also apply to Reports of Substandard Termite Treatment when additional chemical applications are required or performed. The pesticides are described in Section III C-materials.
All soil, which is within 12 inches of bottom edge of floor joists or within 5 inches of sub-sills, must be removed.
Note: Scuttle holes, 14 inches high and 16 inches wide, must be provided under drop sills, plumbing, air ducts, or any other similar obstructions. All areas under the building must be made accessible for complete inspection.
Brush all termite shelter tubes from piers, walls, sills, joists, sub-floors, pipes, and other parts of the building.
Stiff-legs, wood piers, or other wood supports must have concrete or metal-capped bases extending at least 3 inches above the ground.
Where wood parts such as posts, door frames, partitions, or stair-carriages:
said wood parts must be cut off and set on metal or concrete bases raised at least 1 inch above the floor level.
Exception: Stiff-legs, posts, or other wood supports supporting a raised sundeck, patio, wood porch, carport roof or similar attached appurtenance, located outside the exterior perimeter of a buildings foundation, need not be cut off and placed on concrete or metal bases as required in Sections 6 and/or 7; however, chemical must be applied as per label directions around such supports.
Wood steps must be treated with approved chemicals according to the label directions.
Pipes must be treated with approved chemicals according to the label directions.
Dampness favors the development of termites and wood rots. If water can run under the building through access opening, ventilators, or other openings in or under sidewalls or skirting, this condition must be remedied. Seepage through or under walls should be prevented. An Exclusion of Minimum Treating Standards contract attachment (Exclusion form) shall not be required provided the property owner is clearly notified on the initial contract that prevention of seepage under the building is impractical to remedy.
If condensation of soil moisture upon wood of the substructure is a problem, it can be prevented by constructing a vapor barrier. An adequate barrier can be made by covering the soil under the building with roofing paper or a polyethylene sheet.
Inadequate ventilation also favors the development of termites and wood rots. Provide ventilation at the rate of at least one 8 x 16 inch opening (or equivalent) for each 25 linear feet of foundation wall. Provide ventilation for all dead air pockets. If adequate ventilation is impractical an Exclusion of Minimum Treating Standards contract attachment (Exclusion form) shall not be required provided the property owner is clearly notified on the initial contract that adequate ventilation does not exist and will not be provided.
Top of foundation wall and all exterior wood, such as siding and framing, must be at least 3 inches above outside grade. To lower grade, soil next to wall must be removed to necessary depth and treated with approved chemicals according to the label directions.
Soil against masonry veneer must be treated with approved chemicals according to the label directions.
FIGURE 1 EXPLAINS 13.
In this drawing, the top of the foundation is level with the outside grade. This is a hazardous condition for two reasons:
Skirting and Lattice Work should rest on solid concrete or cemented brick extending at least 3 inches above the outside grade, unless suspended, in which case there should be at least 3 inches clearance above grade. Contact must be broken between the building and any lattice which may rest on or in the soil.
Exception: Skirting and lattice work outside the perimeter of a buildings foundation, attached to a wood porch or deck, need not be serviced to provide 3 inches of clearance above the outside grade. These items must be treated with approved chemicals according to the label directions.
FIGURE 2 EXPLAINS SECTION 15 A & B (IN PART).
When the top of the concrete walk (ground slab) is level with top of the foundation wall, termites may come up unseen thru the joint between foundation and slab, thru cracks in the first mortar joint, and into the sheathing. To correct this condition, a tunnel may be made at ® and chemical applied, or the slab may be drilled as specified by label directions at ® and the soil treated with chemical.
NOTE 1: Tunneling is preferred over drilling and treating in moist situations where wood is in contact with the soil.
NOTE 2: Solid (not dirt filled) porches and steps must be treated with approved chemicals according to the label directions or they may be made accessible for thorough inspection by opening the foundation sufficient for visual examination across the back of the structure. If drilling and treating is performed and the maximum interval requirements are not specific, the intervals at which the operator drills to achieve adequate barriers shall be stated on the graph. In such cases, if the maximum intervals are not stated on the graph, the operator will be required to drill and treat the structures at a maximum of 12 inch intervals.
NOTE 3: Dirt filled or ground slab structures must be treated with approved chemicals according to the label directions, or tunneled, If drilling and treating is performed and the maximum interval requirements are not specific, the intervals at which the operator drills to achieve adequate barriers shall be stated on the graph. In such cases if the maximum intervals are not stated on the graph the operator will be required to drill and treat the structures at a maximum of 18 inch intervals.
* "Ground Slab" refers to such structures as concrete or masonry walks, gutters, patios, etc., laid directly upon the ground rather than upon a dirt fill.
Tunneling and Treating Notes. (See Figures 2 and 3)
NOTE 1. The size of the tunnel under ground slabs is not specified.
NOTE 2. When the sill or other wood extends below the bottom of the concrete slab, the tunnel must be more than 12 inches deep next to the foundation wall, in order to provide at least 12 inches of clearance from the bottom of the wood to the bottom of the tunnel.
NOTE 3. When the bottom of the tunnel is above ground level under the structure, the trench for applying the chemical in the tunnel should, be dug down to the level of the trench on the opposite side of the wall, unless the wall is of solid, un-cracked, concrete. If this is impracticable, the wall should be drilled and injected at the level of the bottom of the tunnel, rather than at the ground level.
NOTE 4. If it appears that a fireplace hearth would fall in if tunneled, the chimney base may be drilled and treated as stated in Paragraph 19,
FIGURE 3 EXPLAINS 15 (IN PART).
When tunneling a dirt filled porch (or other dirt-filled structure) the bottom of the tunnel must be at least 12 inches below the sill or other wood parts of the building. Apply chemical at ® and ©.
The inside of foundation wall and around all pipes, chimneys, and piers must be treated with approved chemical according to the label directions.
The outside of foundation walls must be treated with approved chemicals according to the label directions.
Treatment with approved chemicals shall be in accordance with label directions as follows to foundation walls, piers, and chimneys.
NOTE 1: When the foundation wall is of hollow masonry blocks and the blocks are not capped with metal or solid concrete, each void should be drilled and injected with chemical unless specified otherwise by the label directions. This should be done even though there is no visible sign of infestation.
NOTE 2: When footing is of solid concrete, with no cracks, and trenches on both sides of wall extend down to it, drilling and injection of mortar joints in wall is ordinarily not necessary.
NOTE 3: Items 17, 18, and 19 do not permit spot treatment of dwellings. The license holder is held responsible for the entire structure on one family dwelling units. Commercial, industrial and institutional buildings may, however, be spot treated at the license holder's option. The license holder's responsibility in such cases shall be limited to retreatment and repair of the area spot treated, provided the area is shown on the graph, described in the contract and understood by the property owner before the contract is signed.
If powder-post beetles are not to be treated or covered by the contract, the owner must be so informed in writing on the initial contract. Treatment, if made, should be applied to all wood showing signs of infestation. This can be done by spraying, brushing, or mopping as per label directions onto wood surfaces any pesticide approved for use in powder-post beetle control as described in Section IIIC-Materials. Two or more applications must usually be made at intervals to achieve control. Special formulations are required for treating flooring or furniture to avoid damage to the finish.
Slab construction shall meet all of the foregoing minimum requirements except, as outlined in paragraphs 1, 3(a),4,9,10,ll and 17.Treatments should be made when swarms occur or damage is found, or as a preventive measure. Treatment under the slab is accomplished by drilling holes in the slab or foundation through which chemical can be applied in accordance with label directions to establish a barrier in the soil. Long-rodding can sometimes be accomplished without drilling. Brick and stone veneer on slab construction is treated by drilling through the veneer and injecting the void between the veneer and the slab with chemical. Brick and stone veneer shall be treated with approved chemicals according to the label directions. If the label directions require drilling and treating and the maximum interval requirements are not specific, the intervals at which the operator drills to achieve adequate barriers shall be stated on the graph. In such cases if the maximum intervals are not stated on the graph the operator will be required to drill and treat at a maximum of 18 inch intervals.
NOTE: On structures which are part slab and part crawl space, appropriate minimum requirements shall be met on each part.
Treatment is accomplished by applying the chemical according to the label directions.
Treatment is accomplished by applying the chemical according to the label directions.
NOTE: All contracts and graphs must specify when foam treatment is used and clearly state the name and the EPA Registration number of the product used.
MINIMUM REQUIREMENTS FOR STRUCTURAL PEST WORK ON
NEW CONSTRUCTION (PRE-TREAT)
Pretreat: New buildings which are treated for the control of termites before, during and/or at the conclusion of construction. Pretreatments shall be made as directed by one or a combination of the following treatment methods
Crawl space construction: approved chemical at concentration rate and volume must be applied according to label directions to establish a vertical barrier in the soil adjacent to both sides of the foundation, around piers, pipes and other construction elements that would permit termites to infest the building from the ground. Horizontal chemical barriers must be established by applying chemical at the concentration rate and volume specified by the label directions to all soil surfaces to be covered by steps, porches, garage floors, carport slabs, patios or other structures adjoining the building. In addition to the establishment of both vertical and horizontal chemical barriers in the soil the building must meet items 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12 and 13A of the minimum requirements given for existing structures in Section IIIA. If ventilation is not provided as described in item 11 in Section IIIA, the license holder shall, in writing on the contract, notify the owner within 12 months of their acquiring ownership of the property, that proper ventilation needed to comply with the minimum requirements for termite and other structural pest work was not provided at the time of construction.
Slab Construction: approved chemical at concentration rate and volume must be applied according to label directions to establish a horizontal chemical barrier in the soil under all parts of the building, adjoining steps, carports, garage floors, patios, porches, or other structures adjoining the building. Chemical must be applied at concentration rate and volume according to the label directions in the soil adjacent to the foundation wall around the outside of the building to establish a vertical barrier in the soil. In addition to the establishment of horizontal and vertical chemical barriers in the soil, the building must meet items 3b, 5, 7, 8, 12, and 13a of the minimum requirements given for existing structures in Section III A.
Foam Treatments: Treatment is accomplished by applying the chemical as specified by the label directions.
NOTE: Contracts and graphs must specify when foam treatment is used and clearly state the name and the EPA Registration number of the product used.
NOTE: Buildings which are part slab and part crawl space, appropriate minimum requirements shall be met on each part.
Approved chemical must be applied to the wood according to the label directions, concentration rates and volumes. In addition crawl space buildings must meet items 1, 3, 4, 5, 6, 10, 12 and 13a. of the minimum requirements for existing structures in Section III A. If ventilation is not provided as described in item 11 in Section IIIA, the license holder shall, in writing on the contract, notify the owner within 12 months of their acquiring ownership of the property that proper ventilation needed to comply with the minimum requirements for termite and other structural pest work was not provided at the time of construction. Slab buildings must meet items 3b, 12 and 13a of the minimum requirements for existing structures in Section III A.
When baits are used for pretreatment of a new building, all requirements in Section III E must be met.
Note: Contracts and graphs for all pretreats must state the name and the EPA Registration number of the material used. All materials used must comply with the requirements for materials given in Section III C.
Any pesticide or combination of pesticides approved by the United States Environmental Protection Agency, registered with the Arkansas State Plant Board and labeled for the prevention or control of termites, powder-post beetles, wood-rotting fungi or other wood destroying organisms may be used to treat structural pests provided that the pesticides are used according to the label directions.
MINIMUM REQUIREMENTS FOR STRUCTURAL PEST WORK ON
WOOD DECKS AND WOOD PATIOS ON EXISTING AND NEW
CONSTRUCTION
Approved chemicals shall be applied or reapplied according to label directions around and under wood decks and wood patios to control subterranean termites.
Wood decks and/or wood patios are INCLUDED as part of the contract, contract transfer or clearance letter issued on an attached structure UNLESS the contract, contract transfer or clearance letter shows in BOLD PRINT that existing termite damage, or damage that occurs in the future, is NOT to be replaced on wood decks and/or wood patios.
CLARIFICATION:
MINIMUM REQUIREMENTS FOR TERMITE WORK WHEN USING
BAITS AS THE METHOD OF CONTROL
In addition to requirements specified in SECTION II item 1, contracts must specifically state the initial number of bait stations that are to be installed and the frequency upon which an inspection of the bait placements or monitoring stations are to be performed. The diagram must show the location of each bait station.
The materials, baits, monitoring stations, and matrix's shall be applied and maintained according to label directions and schedule specified in the contract.
HOUSEHOLD PEST AND RODENT CONTROL (CLASSIFICATION 2)
Household Pest and Rodent Control shall consist of the control of any mammal, bird, arthropod, reptile or other organism that may infest or invade a home or other buildings or the immediate area around or under these homes or buildings or other areas, other than wood-damaging or destroying insects, fungi or organisms. Holders of a license in this classification shall not be restricted in performing Household Pest and Rodent Control services.
The Plant Board will investigate complaints against license holders, and monitor each operator's work from time to time, and may invalidate a license for fraud, misrepresentation, failure to carry out contracts, use of improper methods or materials, or other reasons specified in the law.
TREE AND TURF PEST CONTROL (CLASSIFICATION 4)
WEED CONTROL (CLASSIFICATION 5)
GOLF COURSE PEST CONTROL (CLASSIFICATION 6)
The Plant Board will investigate complaints against license holders and may cancel license for fraud, misrepresentation, failure to carry out promises, use of improper methods or materials, or other reasons specified in the law.
GENERAL FUMIGATION (CLASSIFICATION 3)
Holders of a license in this category shall not be restricted in performing fumigation services.
NON-COMMERCIAL STRUCTURAL PEST CONTROL
(CLASSIFICATION 7)
NON-COMMERCIAL FUMIGATION (CLASSIFICATION 8)
Non-Commercial Structural Pest Control (Classification 7):
A Non-Commercial Applicator Certificate (not a license) shall be issued in this classification to owners or employees of government, institutions, businesses, companies, or corporations for the purpose of performing pest control work (including wood destroying insects and organisms) on the premises of property owned or managed by themselves or their employer. Non-commercial applicators shall be restricted to pest control work at addresses owned or under the direct management of their employer as stated on the Non-Commercial Applicator Certificate. Noncommercial applicators shall be restricted from issuing Letters of Clearance, wood destroying insect inspection reports, or termite contracts. Any person issuing any type of termite inspection related reports or contracts or performing pest control work for more than one government agency, institution, business, company, or corporation shall qualify and be licensed, bonded, and insured under Classification 1 (Termite and Other Structural Pest) and/or Classification 2 (Household Pest and Rodent Control) rather than in this classification. The business, companies, or corporations and the non-commercial applicator shall be jointly and severally responsible for the proper use of pesticides by the employee. Non-commercial applicators must take special precautions when performing pesticide applications in areas such as for food preparation, areas occupied by tenants, pets, workers, etc. All pesticide product label directions must be strictly followed. The Non-Commercial Applicator Certificate shall be subject to denial, suspension or invalidation for any or all grounds stated in AR Code Annotated § 17-37-101 as amended or these regulations.
Non-Commercial Fumigation (Classification 8):
A Non-Commercial Applicator Certificate (not a license) shall be issued in this classification to owners or employees of, primarily wholesale food manufacturing, processing and storing businesses, companies, or corporations for the purpose of performing fumigation pest control work on the premises of property owned or managed by themselves or their employer. Said noncommercial applicators shall be restricted to fumigation at addresses owned or under the direct management of their employer as stated on the Non-Commercial Applicators Certificate. Any person performing fumigation for more than one business, company, or corporation shall qualify and be licensed under Classification 3 (General Fumigation) rather than in this classification. The business, company, or corporation and the non-commercial applicator shall be jointly and severally responsible for the proper use of fumigants. The Non-Commercial Applicator certificate shall be subject to denial, suspension or invalidation for any or all grounds stated in AR Code Annotated § 17-37-101 as amended or these regulations.
NON-COMMERCIAL TREE AND TURF PEST CONTROL
(CLASSIFICATION 9)
NON-COMMERCIAL GOLF COURSE PEST CONTROL
(CLASSIFICATION 10)
Non-Commercial Tree and Turf Pest Control (Classification 9):
A Non-Commercial Applicator Certificate (not a license) shall be issued to owners or employees of government, institutions, businesses, companies, or corporations for the purpose of performing tree and turf pest control work on the premises of property owned by themselves or their employer. Said non-commercial applicators shall be restricted to pest control work at the address or addresses stated on the Non-Commercial Applicator Certificate. A Non-Commercial Applicator shall not perform pest control services for more than one governmental agency, institution, business, company, or corporation without having fully qualified and become licensed as a Commercial Applicator under Classifications 4 (Tree and Turf Pest Control) or Classification 5 (Weed Control). The agency, institution, business, company, or corporation and the non-commercial applicator shall be jointly and severally responsible for the proper use of pesticides by the employee. The Non-Commercial Applicator Certificate shall be subject to denial, suspension, or invalidation for any or all grounds stated in AR code Annotated § 17-37-101 et seq. as amended or these regulations.
Non-Commercial Golf Course Pest Control (Classification 10):
A Non-Commercial Applicator Certificate (not a license) shall be issued in this classification to employees of the owner or owners of specific golf courses. Said employees shall be restricted to pest control work on courses owned or under control of said golf course owner or owners. The golf course owner or owners and the employee shall be jointly and severally responsible for the proper use of pesticides. A Non-Commercial Applicator shall not perform pest control service for more than one golf course without having fully qualified and become licensed as a Commercial Applicator under Classification 6 (Golf Course Pest Control). The Non-Commercial Applicator Certificate shall be subject to denial, suspension or invalidation for any or all grounds stated in AR code Annotated § 17-37-101 et seq. as amended or these regulations.
ARKANSAS STATE PLANT BOARD PEST CONTROL
ENFORCEMENT RESPONSE REGULATIONS
Pesticides are valuable to Arkansas' agricultural production and the protection of man and his possessions from insects, rodents, weeds, plant diseases, and other pests. It is essential to the public health and welfare that pesticides be used properly to prevent adverse effects on man and the environment.
The purpose of the regulation is to provide a fair and consistent mechanism by which compliance with the Arkansas Pest Control Law, as amended, and the regulations written pursuant thereto can be achieved.
XL DEFINITIONS
(As used in this policy)
Division Director or his/her designee, 2. The Agency Assistant Director or his/her designee, and 3. The Agency Director or his/ her designee. The Case Development Review Panel will carefully review all case documentation to insure completeness and to insure that the recommended enforcement action is appropriate.
third, or fourth offense.
For a violation to be considered as a second or subsequent offense, it must be a repeat of a violation for which a previous enforcement action has been taken by the Plant Board. The previous violation/violations must have occurred within the past 3 years.
*In no case shall the failure to meet minimum requirements for structural pest work (Sections III A, III B, III C, and III D) adopted under the authority of Ar. Code 17-37-105, except those which require a termiticide application, be considered a violation and subject to a civil penalty.
Under the preceding Arkansas Codes, the Plant Board has several options for enforcement action. These are:
The suspension, revocation, or non-renewal of a license by the Board may be in addition to, or in conjunction with, a civil penalty fine.
An incident investigation will be initiated when:
FIGURE I
Processing Sequence
An apparent violation of law and/or regulation must be documented to initiate an enforcement action.
Documentation must conform to the requirements of the Plant Industry Division.
The sequence of events within the enforcement response policy is as follows:
FIGURE II
The Case Development Panel will carefully review all documentation and records to determine:
Concurrence with the Division's finding by the Panel must be unanimous before further action can be taken on the case.
The informal hearing officer and/or the appropriate Committee and/or the Full Board will carefully review the documentation and hear cases of alleged violations.
Should it be determined a violation(s) has occurred, the severity and level of enforcement of each violation will be determined by the three (3) factors in Section VII; as they are applied to the Penalty Matrix (Appendix A).
If a violation is determined in this sequence; the following factors will be considered:
The Hearing Officer/Committee/Board may use these factors to accelerate or mitigate enforcement action. When a civil penalty is the preferred action, the base penalty may be increased or decreased based on these factors. The civil penalty will not be more or less than the range for the specific violation listed in Appendix A.
The Full Board will take action to determine the final disposition of the case.
Any person aggrieved by any action of the Plant Board may obtain a review thereof, by filing in circuit court within 30 days of notice of the action, a written petition praying that the action of the Plant Board be set aside.
APPENDIX - A PENALTY MATRIX
VIOLATION | Violation Level | 1st Level of Enforcement | 2nd Level of Enforcement | 3rd Level of Enforcement | 4th Level of Enforcement | |||
Enforcement Action | Civil Penalty | Enforcement Action | Civil Penalty | Enforcement Action | Civil Penalty | Enforcement Action | Civil Penalty | |
1. Failure to secure required pest control licenses. | Minor | A | ||||||
Major | B,C,E,F | 200-1000 | B,C,E,F | 400-1000 | B,C,E,F | 600-1000 | B,C,E,F | 800-1000 |
2. Pesticide recommendations or applications which are inconsistent with any/or all of the following: A. Labeling B. Federal or State registrations C. Federal or State restrictions of the use of a pesticide | Minor | A | B,C | 200-400 | ||||
Major | B,C,G | 200-400 | B,C,G | 400-600 | B,C,D,G | 600-800 | B,C,D,E,G | 800-1000 |
3. Intentional misrepresentations) in any application for a license. | Minor | |||||||
Major | B,C | 200-400 | B,C | 400-600 | B,C | 600-800 | B,C,E | 800-1000 |
4. Misrepresentations for the purpose of deceiving for defrauding. | Minor | |||||||
Major | B,C,D | 200-400 | B,C,D | 400-600 | B,C,D | 600-800 | B,C,D | 800-1000 |
5. Knowingly making a false statement for the purpose of inducing others to act to their damage. | Minor | |||||||
Major | B,C,D | 200-400 | B,C,D | 400-600 | B,C,D | 600-800 | B,C,D,E | 800-1000 |
ENFORCEMENT ACTION OPTIONS
A - Warning letter
B - Informal Agreement
C - Board/Committee Hearing
D - Suspension/Revocation of License
E - Injunction
F- Referral to Prosecuting Attorney
G - Referral to EPA
6. Performing work, with or without compensation, in a classification for which the licensee does not hold a license. | Minor | |||||||
Major | B,C,D,E,F | 200-1000 | B,C,D,E,F | 400-1000 | B,C,D,E,F | 600-1000 | B,C,D,E,F | 800-1000 |
7. Falsification of records or failure to maintain or make available all records required by this Act. | Minor | A | B,C | 200-400 | B, C,D | 400-800 | B, C, D, E, F | 600-1000 |
Major | B, C,D | 200-1000 | B, C,D | 400-1000 | B,C, D E | 800-1000 | B, C, D, E, F | 800-1000 |
8. Failure of licensee to supply the Board or its authorized representative, upon request with true and accurate information concerning methods and materials used on work performed. | Minor | A | B,C | 200-400 | ||||
Major | B, C,D | 200-1000 | B, C,D | 400-1000 | B,C, D, E | 800-1000 | B, C, D, E. F | 800-1000 |
9. Failure of licensee to register agents or solicitors, or failure to pay registration inspection or reporting fees due or failure to make reports within the time specified | Minor | A | B,C | 200-400 | ||||
Major | B,C | 200-400 | B,C | 400-600 | B,C,D | 600-800 | B,C,D,E | 800-1000 |
10. Failure to report structural pest control work. | Minor | A | B,C | 100-400 | ||||
Major | B,C,D | 200-400 | B,C,D | 400-600 | B,C,D | 600-800 | B,C,D,E | 800-1000 |
11. Failure to correct substandard work. | Minor | |||||||
Major | B,C,D | 200-400 | B,C,D | 400-600 | B,C,D | 600-800 | B,C,D,E | 800-1000 |
12. Failure of licensee to obtain satisfactory control of the pests or diseases which the licensee engages to control or eradicate as evidenced by repeated inspections by the Board. | Minor | A | B,C | 200-400 | ||||
Major | B,C,D | 600-800 | B,C,D,E | 800-1000 | ||||
13. Conviction by any court of a violation of this chapter or of FIFRA. | Minor | |||||||
Major | B,C,D | 200-400 | B,C,D | 400-600 | B,C,D,G | 600-800 | B,C,D,E,G | 800-1000 |
14. Operation of faulty or unsafe equipment. | Minor | A | B, C | 200-600 | B, C,D | 400-800 | B, C, D, E | |
Major | B, C | 200-600 | B, C, D, F | 400-800 | B, C, D, E, G | 600-1000 | B, C, D, E, F, G | 800-1000 |
15. Distribution of adulterated and/or misbranded pesticides. | Minor | A | B, C | 200-600 | B, C,D | 600-800 | B, C, D, E, G | 800-1000 |
Major | B, C | 200-600 | B, C,D | 400-800 | B, C, D, E, F, G | 800-1000 | C, D, E, F, G | 800-1000 |
209.02.12 Ark. Code R. 004