1. Contracts.

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. 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 of 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 operator, 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 1 to June 30).

Renewals.

Each time a contract is renewed the operator 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 operator 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.

2. Reporting -- Responsibility.

Licensed operators 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 licensed operator shall be responsible for, or shall guarantee for at least one year, all representations, provisions, declarations, work or services called for by the contract, form 905 and the diagram of the property or by Letters of Clearance.

3. Meeting Minimum Standards.

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 rules unless unusual structural or physical conditions render the correction of certain conditions to portions of the building impractical. In such cases, an agreement for responsibility of performance or waiver of meeting certain requirements for Structural Pest Work may be requested, provided the remainder of the structure is treated to meet all remaining Minimum requirements. Agreements for waiving minimum requirements for structural pest work shall be made on forms supplied by the Plant Board. Each signed and dated by the property owner, or prospective buyer and the licensed operator. The contract issued on the building for which a waiver of the minimum requirements is requested shall clearly state that minimum requirements for Structural Pest Work have not been fulfilled and reference the waiver as being a part of the contract.

4. Letters of Clearance / Wood Destroying Insect and Organisms Report

Any statements as to the condition of a building pertaining to termites, 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 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 present, conditions existing to the substructure favorable to decay fungi and possible damage due to rot must be disclosed in the additional comments section on the form. 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 IIID 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.

When a Letter of clearance is issued on a building for which previous substandard prior approval or waiver of the minimum treating requirements has been given, the operator shall notify the new owner in writing (on the Clearance Letter if possible) that specified prior approved substandard conditions exist in the structure. When this is done the operator shall not be issued a Report of Substandard Termite Treatment on the specified substandard conditions.

5. Reporting and Reinspection Fees -- Correcting Substandard Work.

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 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, IIID and IIIE), other than those excepted in the contract and given prior approval or a waiver 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 rules and shall submit to the Plant Board along with the report of correction an appropriate reinspection 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 reinspection 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 reinspection. Should subsequent reinspections reveal the building still not in compliance, the same procedure outlined above will be followed. These fees 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

6. Inspection of First Five Properties Treated.

Within 90 days of issuance of a first termite and other structural pest license to a person, the new licensee shall submit a report on their first five termite jobs 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. Plant Board representatives will inspect the jobs to assess the operator's performance and compliance with the law and regulations. If a licensee does not complete and report their first five jobs in 90 days, or if inspection shows that the operator is apparently not qualified, a notification that no more work is to be contracted will be issued and the Plant Board will consider revoking the 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.

7. Supervision.

A licensed operator shall personally supervise or inspect all work and/or services performed. A verification of this shall be made on the monthly report of work performed, signed by the licensed operator. If the licensed operator fails to comply with this provision, he shall be considered as if no longer in charge of the license-holder's pest control operation, and the license shall be deemed invalid in accordance with the provisions of the Pest Control Law.

8. Notice that all Jobs are to be inspected.

Any time that an unreasonably high (15% or more) number of jobs of a licensed operator / 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 / operator 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 licensed operator.