La. Admin. Code tit. 7 § XXV-101
Active Infestation-the presence of living insects in or on a structure.
Act-the Structural Pest Control Law, which is currently Part VII of Chapter 20 of Title 3 of the Louisiana Revised Statutes of 1950, (R.S. 3:3301 et seq.).
Adjudicatory Proceeding-an open public hearing by the commission to determine whether violations of the Act or these rules and regulations have occurred.
Applicant-any person making application for a license to engage in operations coming under the provisions of this Part.
Availability [with reference to direct supervision]-that the licensee must be able to reach the job site within three hours after receipt of a call or have established another licensee to supervise his operations (see definition of direct supervision in §101).
Bond-a written instrument issued or executed by a bonding, surety or insurance company licensed to do business in this state, guaranteeing the fulfillment of the agreement between the licensee or business entity and his customer and insuring against fraudulent practices by the licensee or business entity.
Branch Office-any site, i.e., office, store, warehouse, etc., where any kind of structural pest control services are offered to the general public.
Business-either a single person or a group of persons organized to carry on the business of structural pest control.
Certified Fumigation Technician-repealed.
Chain Wall-any wall constructed of any material that supports or skirts a structure.
Commodity Fumigation- the fumigation of food or non-food items stored in stacks, rail cars, containers, trucks, barges, boxes, bins, etc. that are not normally occupied by humans. No living quarters shall be in any of the above.
Construction-the act of building a structure from the start of the first stage of physical work until completion which is when a final inspection by an appropriate building inspector is completed.
Containment Pad-a containment structure that:
Containment Structure-new and existing structures at bulk facilities that meet the design, construction materials and capacity requirements used to contain spills or leaks from stationary pesticide containers or pesticide dispensing activities.
Contract- a written agreement between two or more persons, one of whom is a pest control operator for services for the provision of a specific pest control service. Contracts for subterranean termites, dry wood termites, power post beetles or old house borers shall be approved by the commission prior to use.
Curtain Wall- any non-supporting wall constructed of any material that skirts a structure.
Department- the Louisiana Department of Agriculture and Forestry.
Direct Supervision-physical contact at least twice within five consecutive working days by a licensee with all employees registered under his supervision, including giving routine and/or special instructions, prescribing pesticides, calculating volume of pesticides to be applied, calibrating equipment and being available, whenever and wherever needed, to handle any emergency situations which might arise (see definition of availability in §101).
Director-the director of the Division of Pesticide and Environmental Programs or his duly authorized representatives acting at his direction.
Division-the Department's Division of Pesticide and Environmental Programs.
Employee-any person employed by a permittee, working under the supervision of, and engaged in structural pest control work as defined in La. R.S. 3:3362. Excluded are: clerical, janitorial or office maintenance employees or those employees completely disassociated with performing structural pest control work.
Fumigation-the application of a fumigant in residential and commercial structures, ships, railcars, trucks, commodities such as dunnage on wharves, silos or conveyors, vaults or the like.
Gas-matter in a vapor state which diffuses readily and is capable of indefinite expansion in all directions moving from an area of high concentration toward an area of lower concentration. Aerosols should not be confused with gas as they are particulate suspensions.
Household Pest- all species of insects and other pests which infest residences and other types of buildings and their immediate premises, such as cockroaches, flies fleas, mosquitoes, clothes moths, spiders, carpenter ants, carpenter bees, rodents and so forth, but does not include wood-destroying insects.
Hydraulic Injection- the non-trenching application of a termiticide mixture by high pressure into the soil.
Inspection Diagram-a diagram that provides an accurate representation of the structure, including measurements, treatment types (trench and treat, rodding, bath trap, etc.), construction types, and specific treatment locations.
Label- the written, printed or graphic matter on or attached to a pesticide or device or any of its containers or wrappers.
Labeling-all labels and other written, printed or graphic matter:
License-a document issued by the commission which authorizes the practice and/or supervision of one or more phases of structural pest control work as follows:
Licensee-the person who holds a valid license as herein provided.
Material Safety Data Sheet (M.S.D.S.)-a document which states chemical characteristics and safety precautions regarding a specific chemical.
Non-Residential Establishment-includes, but shall not be limited to, hotels, motels, schools, hospitals and nursing homes.
Permittee-any person who holds a place of business permit issued by the commission.
Pest Control Operator-any person conducting or performing structural pest control.
Place of Business-the entire premises to which the public generally is expressly or impliedly invited for the purpose of transacting business with the owner and is simply a location where business is transacted, or a shop, office, warehouse or commercial establishment, and shall be indicated on the application and the permit and any license issued for that place of business.
Registered Employee-an employee registered as provided by this Chapter.
Registered Wood Destroying Insect Report (WDIR) Technician-an employee qualified to conduct wood destroying insect report inspections.
Registration Certificate-a document issued by the commission staff to a non-licensed employee of a business engaged in structural pest control work.
Repellents-substances, not fumigants, under whatever name known, which may be toxic to insects and related pests, but generally employed because of their capacity for preventing the entrance or attack of pests.
Residential Structure-any structure, movable or immovable, permanent or temporary, that is adapted for both human residence and lodging whether occupied or not, such as, single-family homes, multi-family, apartments, townhouses, condominiums, and/or co-ops but excludes any structure built for the temporary residence of a human such as hotels, motels.
Readily Accessible Area-areas that are unobstructed and that are able to be reached and entered for visible examination at the time of inspection. Readily accessible areas do not include areas that are concealed by walls, ceilings, floor coverings, furniture, appliances, equipment, or stored articles; and crawl spaces and attics inaccessible due to openings too small to enter or without permanent ladders or staircases or due to undecked areas.
Rule-as defined in R.S. 49:951(8).
Secretary or Secretary of the Commission- the assistant commissioner of Agricultural and Environmental Sciences (assistant commissioner).
Ship Fumigation- the fumigation of a vessel capable of transporting or housing people and/or products. It is normally self-powered and shall have a crew or living quarters.
Spot Treatment (when used in reference to termite control work)-a localized application of chemicals or other substances to control, prevent or eradicate termites in a residence or other structure that is not under a current contract.
Standard Contract-see definition of "contract" in this Section.
Structural Fumigation-the fumigation by covering or sealing churches, schools, homes or any other buildings in which people are normally housed or work or is frequented by people. This also includes the covering or sealing of small boats or ships under 100 feet.
Supervision-see definition of direct supervision in this Section.
Supplemental Treatment-when used in connection with termite work, "supplemental treatment" means a localized application of chemicals or other substances and/or placement of baits to control, prevent or eradicate termites in a residence or other structure that is under a current contract.
Termites-all species of the order Isoptera which infest timbers and/or other materials containing cellulose in buildings and/or contents thereof, subdivided into two groups according to their habits, as follows.
Termiticide-any substance applied to buildings, wood products or soil for the treatment of termites.
Termiticide Treatment-application of a termiticide.
Vertebrate-those pests, such as rodents, bats and birds, belonging to the phylum vertebrata.
Violation- any act which is prohibited by the Act or any of these rules and regulations. Violations shall be classified in accordance with degree of severity, as follows:
Wood Destroying Insect Report (WDIR)-a document approved by the Structural Pest Control Commission issued by a pest control operator only for inspections made to determine the presence of wood destroying insects for acts of sale or refinance of structures. A wood destroying insect report shall not be renewable or issued for any other purpose.
La. Admin. Code tit. 7, § XXV-101