Alabama Administrative Code
Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES
MARKETING
Chapter 80-10-9 - PROFESSIONAL SERVICE
Section 80-10-9-.16 - Responsibilities Of Structural Pest Control Permittees For Subterranean Termite Control Work

(1) Before any work is begun, the permittee or authorized agent shall be responsible for executing a written contract with the property owner or authorized agent as to the type of work to be performed on structure to be treated. A single contract may cover multiple structures treated.

(2) A duplicate of each contract for subterranean termite work shall be kept in the files of the permittee for a period of one (1) year beyond the expiration date of the contract and made available to the commissioner or authorized agent upon request. By the 10th of each month, the permittee shall complete a report of all subterranean termite work performed during the prior month. Monthly reports shall contain the full names of property owners, complete addresses of structures treated and date of treatment. If no work is performed during any month, a report must be completed indicating that no work was performed. These reports shall be maintained by the permittee in each main or branch office location responsible for the supervision of the work performed. These reports shall be maintained in an accruing/succeeding order by the permittee in a file titled "Termite Reports for the Commissioner" and made available for inspection during normal business hours or furnished to the Commissioner or his authorized agents upon request. Each monthly report shall be maintained by the permittee for a period of three (3) years from the month it was filed.

(3) The executed contract pertaining to said treatment(s) shall be presented and furnished to property owner or authorized agent for acceptance and shall clearly set forth and include the following:

(4) Whenever it is impossible or impractical to treat one or more areas of the structure in accordance with the minimum requirements for the control of subterranean termites as set forth in Rule 80-10-9-.20, the Official State of Alabama Waiver Form shall be used. Notation of any deviation from these requirements for subterranean termite treatment as set forth in Rule 80-10-9-.20, shall be explained in the Waiver Form and must be signed by the owner/agent of the structure(s) to be treated prior to treatment. A signed copy of the Waiver Form shall be given to the owner/agent of the structure and shall become a part of the subterranean termite contract. Any subsequent owner/agent of the structure shall be provided a copy of the said Waiver Form for the transfer of any subterranean termite guarantee or contract. Structures where a baiting system has been applied in lieu of a comprehensive post construction soil treatment will be required to meet minimum requirements for control of subterranean termites as set forth in Rule 80-10-9-.20, except for subparagraphs (6), (7), and (8). Structures where a defined post construction soil treatment has been applied in lieu of a comprehensive post construction soil treatment will be required to meet minimum requirements for control of subterranean termites as set forth in Rule 80-10-9-.20, with exception(s) for subparagraphs (6) and (8).

The Waiver Form shall contain all of the information and shall be equivalent to the format listed as Exhibit "B" at the end of Chapter. A copy of this form is available from the Commissioner of Agriculture and Industries for reproduction.

Note: See Exhibit "B" for Rule 80-10-9-.16 at end of Chapter.

(5) The permittee or authorized agent shall issue to the property owner or authorized agent after each annual inspection of the property or properties under contract a signed report of each inspection showing the conditions of the property with respect to the presence or absence of subterranean termites. If permittee or authorized agent is unable to schedule an annual inspection of the property as required by contract and has made a reasonable effort to schedule the annual inspection, the requirement of an annual inspection for the current contract period is relieved. Reasonable effort to schedule the annual inspection shall be either a signed letter from the property owner stating the inability to provide access to the property for the current annual inspection or a letter submitted by the permittee or authorized agent to the property owner that the current annual inspection of property is available upon request by scheduled appointment. All subsequent annual inspections required by contract shall be regularly performed by permittee or authorized agent subject to provisions contained herein. A record of such inspections and documentation relating to reasonable efforts to schedule the annual inspections shall be kept on file by the permittee as long as the contract is in force. Such records shall be subject to inspection by the commissioner or authorized agent during reasonable business hours.

(6) Structures where baiting and/or monitoring systems or devices have been installed, shall be issued a contract. This contract must specify the baiting product used and include a foundation diagram or sketch of structure(s), indicating sites of active and previous infestation and placement (location) of baiting systems. Unless specifically indicated otherwise by product label or labeling, all termite baits, baiting systems and/or monitoring systems shall be monitored within a time period not to exceed ninety (90) days from the last monitoring date.

(7) Warranty sales are prohibited unless exempted in writing by the Commissioner. This does not preclude a company from reinstating an expired warranty or contract on a structure that it has previously treated.