Current through Register Vol. 30, No. 38, September 20, 2024
A. Business license. A person doing an
activity defined as the business of pest management shall first possess a valid
business license, unless the person is:
1. A
political subdivision;
2. Acting on
behalf of a business licensee or political subdivision; or
3. Otherwise exempt by this Chapter or the
PMD's statutes.
B.
Qualifying party registration. A business licensee or school district shall
only do an activity defined as the business of pest management if the business
licensee or school district has a registered qualifying party. The business
licensee or school district shall only provide pest management services in a
certification category if the qualifying party is registered in that
certification category.
C.
Applicator licensure.
1. An individual who
provides pest management services shall be a certified applicator and only
provide pest management services in a certification category for which the
applicator is currently certified except as provided under subsections (C)(2)
and (C)(3) or as otherwise exempt by this Chapter or the PMD's
statutes.
2. A certified applicator
desiring to work in a category for which the applicator is not certified shall
become certified in the category within 30 calendar days after beginning work
in that category and shall be supervised as provided in subsection (C)(3)(c)
while working in that category.
3.
An individual may provide pest management services on behalf of a business
licensee without being a certified applicator if the individual:
a. Is registered as an applicator of the
business licensee under
R3-8-207;
b. Has been registered as an applicator of
the business licensee for not more than 90 calendar days out of the last 365
days; and
c. Is supervised by a
certified applicator who:
i. Is certified in
the category for which supervision is provided;
ii. Provides immediate supervision when the
individual performs pest management services in the wood-destroying organism
treatment, aquatic, or fumigation category, uses a restricted use pesticide, or
uses a pesticide under an experimental use permit; and
iii. Provides direct supervision when the
individual performs pest management services not covered by subsection
(C)(3)(c)(ii).
4. An individual may not provide pest
management services at a school, child care facility, health care institution,
or food-handling establishment unless the individual is a certified applicator
in the certification category for which services are being provided.
5. An individual using an animal to assist
with identifying infestations or making inspections for the purpose of
identifying or attempting to identify infestations shall be a certified
applicator in the certification category for which services are being
provided.
D. Applicator
registration. An applicator may not provide pest management services on behalf
of a business licensee or political subdivision unless the applicator is
registered as an applicator of the business licensee or political subdivision
pursuant to
R3-8-207.
E. Exemptions. A person is not required to be
licensed who:
1. Provides general information
about a label or labeling, the identification or management of a pest,
integrated pest management or the use of a registered pesticide; does not
directly or indirectly charge for the information; and does not make an on-site
recommendation.
2. Performs sales
work that does not include:
a. Identifying
on-site infestations or making inspections for the purpose of identifying or
attempting to identify infestations;
b. Making written or oral inspection reports
or on-site recommendations with respect to infestations; or
c. The application of pesticides or the use
of devices for the purpose of eliminating, exterminating, controlling or
preventing infestations.
3. Is an authorized representative of any
educational institution engaged in research in the study of pest management and
does not provide pest management services for hire.
4. Is a certified home inspector and
documents evidence of wood-destroying organisms on a home inspection, but does
not prepare a WDIIR, prepare a treatment proposal, make treatment estimates,
bids, or recommendations, apply pesticides, or use devices.
5. Only uses, applies or installs home
improvement articles, such as insulation, caulk and paint, that are
pre-incorporated with a pesticide.
