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SPCB 2021 Act Book

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SPCB 2021 Act Book STATE OF CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS GAVIN NEWSOM Governor STATE OF CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS STRUCTURAL PEST CONTROL ACT BUSINESS AND PROFESSIONS CODE AND RULES AND REGULATIONS OF SEAL THE EUREKA STATE GREAT THE CALIFORNIA ISSUED BY STRUCTURAL PEST CONTROL BOARD JULY 2021 SPCB STRUCTURAL PEST CONTROL BOARD MISSION STATEMENT: TO PROTECT THE GENERAL WELFARE OF CALIFORNIANS AND THE ENVIRONMENT BY PROMOTING OUTREACH, EDUCATION, AND REGULATION OF THE STRUCTURAL PEST MANAGEMENT PROFESSION. VISION STATEMENT: THE STRUCTURAL PEST CONTROL BOARD WILL STRIVE TO BE THE NATIONAL REGULATORY LEADER OF PEST MANAGEMENT. Notice to Licensees, Applicants and Interested Parties: You are hereby informed that several forms included in this publication are undergoing regulatory revisions. Those forms are presented in this publication in their proposed version. There may be further changes to those forms. All parties are advised to contact the Structural Pest Control Board (SPCB) for the latest version of these forms. FORWARD: THE SPCB PUBLISHES THIS BOOKLET TO INFORM AND ASSIST THE PUBLIC AND ITS LICENSEES. THIS BOOK CONTAINS THE LAWS AND RULES AND REGULATIONS THAT GOVERN THE ISSUANCE OF STRUCTURAL PEST CONTROL LICENSES AND ESTABLISHES THE STANDARDS AND PERFORMANCE REQUIREMENTS FOR LICENSEES. LICENSEES SHOULD CAREFULLY REVIEW THIS BOOK TO DETERMINE THEIR RESPONSIBILITIES AND REQUIREMENTS UNDER THE STRUCTURAL PEST CONTROL ACT AND THE RULES AND REGULATIONS SINCE THEY HAVE CHANGED SIGNIFICANTLY IN THE LAST FEW YEARS. TABLE OF CONTENTS BUSINESS AND PROFESSIONS CODE DIVISION 3 CHAPTER 14. STRUCTURAL PEST CONTROL OPERATORS Article Page 1. General Provisions...................................................................................1 2. Administration.......................................................................................19 2.5 Pesticides...............................................................................................23 3. Application of the Chapter.....................................................................24 4. Issuance of Licenses..............................................................................27 5. Renewal of Licenses..............................................................................35 6. Regulation of Licenses…......................................................................37 7. Disciplinary Proceedings.......................................................................43 8. Revenue.................................................................................................54 9. Financial Responsibility........................................................................57 10. Indemnity Bonds...................................................................................58 CHAPTER 14.5 STRUCTURAL FUMIGATION ENFORCEMENT PROGRAM.............................................................................59 CALIFORNIA CODE OF REGULATIONS TITLE 16. PROFESSIONAL AND VOCATIONAL REGULATIONS DIVISION 19. STRUCTURAL PEST CONTROL BOARD......................62 Article 1. General Provisions.................................................................................65 2. Administration.......................................................................................66 3. Licensing...............................................................................................77 3.5 Continuing Education..........................................................................102 4. Fumigation and Pesticide Use.............................................................112 5. Wood Destroying Organisms..............................................................129 6. Enforcement........................................................................................146 A Manual of Disciplinary Guidelines and Model Disciplinary Orders…....150 BUSINESS AND PROFESSIONS CODE 1 STRUCTURAL PEST CONTROL ACT BUSINESS AND PROFESSIONS CODE, DIVISION 3 CHAPTER 14. STRUCTURAL PEST CONTROL OPERATORS Article Section 1. General Provisions................................................................8500-8519.5 2. Administration.........................................................................8520-8536 2.5 Pesticides...........................................................................................8538 3. Application of the Chapter.......................................................8550-8557 4. Issuance of Licenses................................................................8560-8572 5. Renewal of Licenses.............................................................8590-8593.2 6. Regulation of Licenses............................................................8610-8619 7. Disciplinary Proceedings.........................................................8620-8666 8. Revenue...................................................................................8670-8676 9. Financial Responsibility..........................................................8690-8695 10. Indemnity Bonds...................................................................8697-8697.4 CHAPTER 14.5 STRUCTURAL FUMIGATION ENFORCEMENT PROGRAM.........................................................8698-8698.6 ARTICLE 1. General Provisions 8500. Unless the text otherwise requires, the general provisions hereinafter set forth govern the construction of this chapter. 8501. “Director” refers to the Director of Consumer Affairs. 8502. “Board” refers to the Structural Pest Control Board within the Department of Consumers Affairs. 8503. “Registrar” refers to the registrar of the Structural Pest Control Board. 8503.5. “Committee” means the Disciplinary Review Committee established pursuant to Section 8660. 8504. “Person” includes an individual, firm, partnership, corporation, limited liability company, association or other organization or any combination thereof. 8504.1. “Pesticide” includes any of the following: (a) Any spray adjuvant. (b) Any substance, or mixture of substances, which is intended to be used for preventing, destroying, repelling, or mitigating any pest or organism. BUSINESS AND PROFESSIONS CODE 2 8504.2. “Control” means a pest population management system that utilizes techniques to reduce and maintain pest populations at levels below those causing economic or material injury, or to manipulate the populations to prevent causing such injury. 8504.3. “Eradication” means the total elimination of a pest from a designated area. For purposes of this chapter, elimination and extermination shall have the same meaning as eradication. 8504.4. “Inspection” is the act of a field representative or operator physically performing an onsite assessment of real property. 8505. (a) “Structural pest control” and “pest control” as used in this chapter are synonymous. Except as provided in Section 8555 and elsewhere in this chapter, it is, with respect to household pests and wood destroying pests or organisms, or other pests that may invade households or other structures, including railroad cars, ships, docks, trucks, airplanes, or the contents thereof, the engaging in, offering to engage in, advertising for, soliciting, or the performance of, any of the following: (1) Identification of infestations or infections. (2) The making of an inspection or inspections for the purpose of identifying or attempting to identify infestations or infections of household or other structures by those pests or organisms. (3) The making of inspection reports, recommendations, estimates, and bids, whether oral or written, with respect to those infestations or infections. (4) The making of contracts, or the submitting of bids for, or the performance of any work including the making of structural repairs or replacements, or the use of pesticides, or mechanical devices for the purpose of eliminating, exterminating, controlling or preventing infestations or infections of those pests, or organisms. (b) “Household pests” are defined for the purpose of this chapter as those pests other than wood destroying pests or organisms, which invade households and other structures, including, but not limited to, rodents, vermin, and insects. 8505.1. (a) Except as provided in subdivisions (b) and (c), for the purpose of this act, “fumigation” shall be defined as the use within an enclosed space for the destruction of plant or animal life, a substance having a vapor pressure greater than 5 millimeters of mercury at 25 degrees centigrade when the substance is labeled for those purposes. The following is a list of lethal fumigants: (1) Methyl bromide. BUSINESS AND PROFESSIONS CODE 3 (2) Sulfuryl fluoride. (3) Aluminum phosphide. The board may adopt, and may as necessary amend, by regulation, a list of fumigants. (b) For the purpose of this act, “warning agent” is any agent used in combination with any fumigant that lacks warning properties. The following is a warning agent: Chloropicrin. The board may adopt, and may as necessary amend, by regulation, a list of warning agents. (c) For the purpose of this act “simple asphyxiants” shall not be deemed to be fumigants. The following is a list of simple asphyxiants: (1) Liquid nitrogen. (2) Carbon dioxide. The board may adopt, and may as necessary amend, by regulation, a list of simple asphyxiants. 8505.2. Fumigation shall be performed only under the direct and personal supervision of an individual who is licensed by the board as an operator or field representative in Branch 1 as set forth in Section 8560. 8505.3. “Direct and personal supervision” as used in Section 8505.2
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