La. Admin. Code tit. 7 § XXV-119

Current through Register Vol. 50, No. 11, November 20, 2024

Section XXV-119 - Contracts for Termite Control Work

A. The permittee or licensee shall enter into a written contract for termite control work with the property owner/agent employing him. The contract shall:

1. be in a form provided or approved by the commission;

2. guarantee performance for a period of not less than 1 year after the treatment is made;

3. guarantee treatment of the structure(s) in accordance with minimum specifications for termite control work set forth in §141 hereof;

4. provide for at least one inspection of all unobstructed or accessible areas outside of the structure(s) prior to expiration of the agreement;

5. include inspection diagram(s) indicating all structure(s) covered;

6. provide for the treatment of all subterranean termites, dry-wood termites, powder post beetles, or old house borers; and

7. include a damage repair warranty for not less than $25,000 and be exclusive to the property owner for five years subject to the terms and conditions of the contract, if the contract is for pre-construction or new construction termiticide treatment.

B. Each contract for termite control work shall cover only one unit or one individual property, provided that the contract may include a garage appurtenant to the unit or individual property.

C. Contracts for spot termite treatments shall guarantee the area treated for a period of one year.

D. The permittee or a licensee shall report to the commission, no later than the tenth day of each month, each termite control contract and initial treatment for a pre-treatment contract for termite work which he has entered into, and performed or completed during the previous month. If no contracts were entered into or performed during the previous month, the permittee or a licensee shall report this fact to the commission no later than the tenth of each month.

E. A licensee or permittee shall pay to the department the required fee for each standard contract issued when the required monthly report is filed with the department.

F. Termite treatment contracts that include termite monitoring stations shall include a contract addendum that provides the number of monitoring station(s) and the frequency of inspection(s). The contract addendum shall be approved by the commission prior to its use.

G. A licensee or any technician working under the licensee's supervision shall enter into a written agreement for monitoring for subterranean termites with the structure owner\agent employing him\her, which agreement shall:

1. be in a form approved by the commission;

2. provide for the frequency of inspections that shall include at least one inspection of the structure prior to expiration of the agreement;

3. provide for the number of subterranean termite monitoring station(s);

4. provide for the owner name, address, city, state, zip code of the structure;

5. provide the name, address, city, state, zip code of the pest control company.

La. Admin. Code tit. 7, § XXV-119

Promulgated by the Department of Agriculture, Structural Pest Control Commission, LR 11:328 (April 1985), amended by the Department of Agriculture and Forestry, Structural Pest Control Commission, LR 15:957 (November 1989), LR 26:2437 (November 2000), LR 27:1179 (August 2001), LR 27:2084 (December 2001), LR 28:1171 (June 2002), amended by the Department of Agriculture and Forestry, Office of Agricultural and Environmental Sciences, Structural Pest Control Commission, LR 30:196 (February 2004), LR 30:1144 (June 2004), amended by the Department of Agriculture and Forestry, Office of Agriculture and Environmental Sciences, LR 31:26 (January 2005), amended by the Department of Agriculture and Forestry, Structural Pest Control Commission, LR 35:1468 (August 2009), LR 37:282 (January 2011), Amended by LR 461541 (11/1/2020), Amended LR 492077 (12/1/2023), Repromulgated LR 50776 (6/1/2024).

AUTHORITY NOTE: Promulgated in accordance with R.S. 3:3366 and R.S. 3:3370.