Arkansas Administrative Code
Agency 209 - Arkansas Agriculture Department
Division 02 - State Plant Board
Rule 209.02.08-002 - Circular 6: Pest Control Regulations

Agency and is authorized to adopt by regulation these standards.

RULES AND REGULATIONS OF THE STATE PLANT BOARD

The following Rules and Regulations have been promulgated and adopted by the State Plant Board under authority of the Arkansas Pest Control Law Act 488 of 1975 as amended Ar. Code Annotated, §17-37-101 etseq.

Classification:

The following classifications have been established for licensing and applicator certification purposes.

All applicants must make written application to the Plant Board, on forms furnished by the Plant Board, at least 15 days prior to the examinations. Processing of each application must be completed before the written examinations are given. The applicant must submit a minimum of five character references from reputable businesses or banks with their original application.

The written examinations in classifications l,2,and 3 will be given the second Monday of January, March, May, July, September and November. Examinations in classifications 4, 5, 6, 7, 8, 9A, 9B and 10 will be given the second Monday of February, April, June, August, October and December at a time and place designated by the State Plant Board. In the event any of the designated dates occur on a day, when State offices are closed the, Director of the State Plant Board may designate an alternate date for the examinations. The examinations will be graded by an examiner designated by the Plant Board.

After passing the examination, all applicants must make written license application to the Plant Board, on forms furnished by the Plant Board.

The following fees have been established to carry out the provisions of Ar. Pest Control Law.

License holders of classifications 1, 2, 3, 4, 5 or 6 shall register with the Plant Board all individuals

(excluding clerical staff) employed by them to perform pest control services, including those employed for solicitation as their agent. Each agent shall be registered only in the classification of pest control for which the license holder is licensed to perform. Agents must be registered and trained by the license holder within 30 days of their employment. Until registration and training requirements have been fulfilled the individual may apply pesticides only in the physical presence of a licensed operator or registered agent.

Training requirements shall be 16 hours of classroom and 40 hours of on the job training. A

qualified trainer shall be a licensed operator or agent with at least one year of experience in the pest control industry or other individual approved by the Plant Board.

Topics which must be covered during the training and the suggested time frames for each are as follows:

On the Job:

Forty hours of verifiable job site work, performed under the direct supervision, direction and control of a qualified trainer. During the application of pesticides a licensed operator or registered agent must be physically present on the job site.

The Arkansas State Plant Board shall provide a form which the license holder shall complete and file with the Board as verification of the agents completed training. The information given on the form for classroom training shall include the dates and duration for each topic. On the job; number of job sites worked at, dates and total hours worked for that date of the training, and names of the trainers. Upon receipt of the completed, training record and application for agents registration, the State Plant Board will issue an agents registration card showing both the agent's and license holder's names. To maintain registration, agents shall be kept abreast of pest control technology and receive a minimum of 6 hours of continuing education each year. Continuing education may be achieved by completing a license holders in-house training program or attendance of approved seminars sponsored by the various associations, manufactures or suppliers affiliated with the pest control industry or the cooperative extension service.

An agent not employed by a license holder for 12 months will lose eligibility for registration and must complete the initial training requirements to be reregistered. Records of training must be kept, by the license holder, for as long as the agent is employed. Such records shall be available for review by the State Plant Board during normal business hours. At any time, should the Board determine that training requirements have not been met, the license holder may be assessed a fine of up to $1,000 per violation, as civil penalty procedure applies.

Any person who is refused a license, or whose license is being considered for invalidation, may secure a hearing before the Pest Control Committee before the final Board action is taken. This Committee shall consist of the Board member who represents the Head of the Department of Entomology, University of Arkansas, who shall act as the Chairman, and the Board member who represents the Arkansas Pest Management Association. Remaining committee members shall be appointed by the Chairman of the Plant Board. This Committee may hold hearings regarding licenses to take testimony and gather evidence regarding same. Such testimony, evidence and the committee's recommendation shall be made available to the Board for consideration and final action.

Each licensed operator, qualified operator and non-commercial applicator shall keep himself / herself abreast of changing pest control technology to assure a continuing level of competence and ability to use pesticides safely and properly. The completion of a Cooperative Extension Service Pest Control School every third year shall be considered adequate to satisfy this requirement. An appropriate form, signed by the Director of the school, shall be filed with the Plant Board as proof of attendance. Any licensee failing to meet this provision shall be reexamined or lose their license and certification.

Plant Board standards for the licensing and certification of licensed operators, qualified operators and non-commercial applicators shall be the same as the standards set forth in Section 171.4 thru 171.6 of the Code of Federal Regulations 40 CFR part 171 written pursuant to the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), as amended. Said sections are as follows: Section 171.4, Standards for Certification of Commercial Applicators; Section 171.5 Standards for Certification of Private Applicators, and Section 171.6 Standards for Supervision of Non-Certified

Applicators by Certified Private and Commercial Applicators.

On forms provided by the Plant Board, license holders in classifications 1, 2, 3, 4, 5 or 6 shall register the physical address of each branch office from which they will engage in the practice of pest control service.

Any license holder that operates more than one office, under the same name or as a subsidiary with a different name, as long as the final financial, legal and other administrative functions, rest with the parent organization, shall be required to have located at the branch location a licensed operator or qualified operator duly registered and approved by the State Plant Board. This regulation shall be placed in full effect and force on July 1, 2005.

For the purpose of this regulation, a Branch Office is considered to be any location where normal business activity might occur. This location could be expected to exhibit but is not limited to such activities as:

The following regulations are promulgated to clarify the Board's intent relative to certain sections of the Pest Control law.

Ar. Code Annotated,§ 17-37-102. Definitions:

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. Whenissuing 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 lto 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.

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.

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 regulations, unless unusual structural or physical conditions render the correction of certain conditions to portions of the building impractical. In such cases, an exclusion of certain minimum treating standards shall be made on forms supplied by the Plant Board. Provided the remainder of the structure is treated to meet all remaining Minimum Standards. Requests for exclusion of certain minimum treating standards shall be made on forms supplied by the Plant Board. Each request for exclusion of certain minimum treating standards shall contain all property owner and pest control operator information and all information must be provided or the request will be considered incomplete and may not be processed. Each request for exclusion shall also clearly state which treatment standard is to be excluded. An inspection fee of $50.00 shall be assessed for each application submitted. Plant Board staff may contact property owners and discuss exclusion application as staff feels situation warrants. Should Plant Board staff determine, through direct communication, that the property owner is not fully informed and in agreement with the type and quality of work to be performed under the exclusion agreement, approval to exclude the requested treatment standard will be denied. The approval/denial decision will be made within two (2) working days from the date of receipt of the request. If a request for exclusion of certain minimum treating standards is approved, a form with a notification of approval will be returned to the Pest Control Operator. The Pest Control Operator shall sign the form, secure the signature of the Property Owner and date of signing. The signed and dated form shall be considered an attachment of the Contract for Control of Termites issued on the subject property and shall be submitted with a copy of the contract and graph to the property owner and also reported in the copies sent to the Plant Board. The contract, issued on the building for which the Exclusion of Certain Minimum Treating Standards has been approved, shall clearly state that minimum requirements for Structural Pest Control Work have not been fulfilled and reference the form as being a part of the contract. Contracts for which an Exclusion has been approved but that do not clearly reference the exclusion form as a part of the contract, the exclusion approval shall be considered invalid and the operator shall be issued a Report of Sub-Standard Termite Treatment (Pink Slip) for the specific substandard conditions. The use of any document or agreement, for the purpose of issuing a substandard termite treatment contract, other than a pre-approved Exclusion of Certain Minimum Treating Standards form, issued by the Plant Board, is strictly prohibited. Enforcement action shall be taken against all license holders and licensed operators found attempting to use such documents and the violation shall be considered Misrepresentation for the Purpose of Deceiving or Defrauding and subject to the fourth (4th) level of enforcement as per Arkansas State Plant Board Pest Control Enforcement Response Regulations and Appendix A of Circular 6.

The maximum number of Exclusions of Certain Minimum Treating Standards approvals available to any license holder in any license year (currently July 1 to June 30) shall be limited to a number equal to ten percent (10%) of the number of buildings covered with a termite protection plan for which the license holder reported and paid reporting fees during the previous license year.

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 HID 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, waiver of the minimum treating requirements, or exclusion of certain minimum treating standards has been given, the operator shall notify the new owner on the Clearance Letter and Contract, 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.

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 and Regulations made thereunder.

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, HID and HIE), other than those excepted in the contract and given prior approval, a waiver of certain minimum treating standards, or an exclusion of certain minimum treating standards 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 regulations 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.

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 bejequested by filing a certified letter with the Board within 20 days of receipt of the notice.

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.

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 thejicense 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.

An opening, at least 14 inches high and 16 inches wide, shall be provided to permit inspection under all parts of the building.

The term chemical, when used hereafter, shall apply to pesticides used for the control or prevention of termites, powder-post beetles, wood destroying fungi and other wood destroying organisms. The pesticides are described in Section III C-materials.

All soil, which is within 12 inches of bottom edge of floor joists or within 5 inches of subsills, must be removed.

Note: Adequate clearance scuttle holes, 14 inches high and 16 inches wide, must be provided under drop sills, plumbing and air ducts for passage of a large man to make complete inspection under all parts of the building.

Brush all termite shelter tubes from piers, walls, sills, joists, sub-floors, pipes, and other parts of the understructure.

Where wood parts such as posts, door frames, partitions, or stair-carriages:

Chemical treatment as per label directions around all wood steps shall be made.

Pipes should be trenched and treated with approved chemicals according to label directions.

Dampness favors the development of termites and wood rots. If water can run under the building through access opening, ventilators, or other openings in or under sidewalls or skirting, this condition must be remedied. Seepage through or under walls should be prevented. If it is impracticable to prevent seepage, owner must be notified in the contract.

If condensation of soil moisture upon wood of the substructure is a problem, it can be prevented by constructing a vapor barrier. An adequate barrier can be made by covering the soil under the building with roofing paper or a polyethylene sheet.

Inadequate ventilation also favors the development of termites and wood rots. Provide ventilation at the rate of at least one 8 x 16 inch opening (or equivalent) for each 25 linear feet of foundation wall. Provide ventilation for all dead air pockets.

Skirting and Lattice Work should rest on solid concrete or cemented brick extending at least 3 inches above the outside grade, unless suspended, in which case there should be at least 3 inches clearance above grade. Contact must be broken between the building and any lattice which may rest on or in the soil.

Exception: Skirting and lattice work outside the perimeter of a buildings foundation, attached to a wood porch or deck, need not be serviced to provide 3 inches of clearance above the outside grade.

Chemical treatment as per label directions to control termites must be made around these items however.

Chemical must be applied according to label direction entirely around inside of foundation wall, and around all pipes, chimneys, and piers.

For infested buildings, apply chemical according to label directions entirely around outside of foundation wall. Treatment on uninfested buildings shall be at the license holders option.

Example. If the outer ground level is 12 inches above the inner ground level, the outside trench should be 12 inches deep. The dirt used to refill the trench should be saturated with chemical, to prevent termites entering from the outside, through the mortar joints. The only remaining way by which termites could come up the wall would be by coming from below, through the footing. Drilling and injection of the first mortar joint above the trench as required by 19 (B) should be done to prevent this.

Click here to view image

FIGURE 4 EXPLAINS SECTIONS 18 AND 19(b) IN PART

Outside and inside trenches © and © should be dug to the same level. When applying chemical around foundation walls. The first horizontal mortar joint above the trench at © should be drilled and treated at 9-inch intervals. The full width of the brick, should be drilled to assure that chemical will reach and penetrate down into the vertical mortar joint, as shown.

Chemicals shall be applied in accordance with label directions as follows to foundation walls, piers, and chimneys.

If powder-post beetles are present in the understructure and are not to be treated, the owner must be so informed in writing before the contract is signed. Treatment, if made, should be applied to all wood showing signs of infestation. This can be done by spraying, brushing, or mopping as per label directions onto wood surfaces any pesticide approved for use in powder-post beetle control as described in Section IIIC-Materials. Two or more applications must usually be made at intervals to achieve control. Special formulations are required for treating flooring or furniture to avoid damage to the finish.

Slab construction shall meet all of the foregoing minimum requirements except, as outlined in paragraphs 1, 3(a),4,9,10,ll and 17 .Treatments should be made when swarms occur or damage is found, or as a preventive measure. Treatment under the slab is accomplished by drilling holes in the slab or foundation through which chemical can be applied in accordance with label_directions to establish a barrier in the soil. Long-rodding can sometimes be accomplished without drilling. Brick and stone veneer on slab construction is treated by drilling through the veneer and injecting the void between the veneer and the slab with chemical. Brick and stone veneer shall be drilled at intervals as specified by label directions.

NOTE: On structures which are part slab and part crawl space, appropriate minimum requirements shall be met on each part.

Treatment is accomplished by drilling no farther apart than on 6 foot centers. The volume of foam applied shall be the amount required to equal the rate and volume specified by the label directions when the chemical is applied as a liquid.

Treatment is accomplished by applying the chemical in a trench along foundation walls, piers, pipes, etc. The volume of foam applied shall be the amount required to equal the rate and volume specified by the label directions, when the chemical is applied as a liquid.

NOTE: All contracts and graphs must specify when foam treatment is used.

Crawl space construction: approved chemical at concentration rate and volume must be applied according to label directions to establish a vertical barrier in the soil adjacent to both sides of the foundation, around piers, pipes and other construction elements that would permit termites to infest the building from the ground. Horizontal chemical barriers must be established by applying chemical at the concentration rate and volume specified by the label directions to all soil surfaces to be covered by steps, porches, garage floors, carport slabs, patios or other structures adjoining the building. In addition to the establishment of both vertical and horizontal chemical barriers in the soil the building must meet items 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12 and 13A of the minimum requirements given for existing structures in Section IIIA. If ventilation is not provided as described in item 11 in Section IIIA, the license holder shall, in writing on the contract, notify the owner within 12 months of their acquiring ownership of the property, that proper ventilation needed to comply with the minimum requirements for termite and other structural pest work was not provided at the time of construction.

Slab Construction: approved chemical at concentration rate and volume must be applied according to label directions to establish a horizontal chemical barrier in the soil under all parts of the building, adjoining steps, carports, garage floors, patios, porches, or other structures adjoining the building. Chemical must be applied at concentration rate and volume according to the label directions in the soil adjacent to the foundation wall around the outside of the building to establish a vertical barrier in the soil. In addition to the establishment of horizontal and vertical chemical barriers in the soil, the building must meet items 3b, 5, 7, 8, 12, and 13a of the minimum requirements given for existing structures in Section III A.

Foam Treatments: When foam is used as the carrier for chemical material, the volume of foam that is applied shall be the amount required to equal the concentration rate and volume specified by the label directions when applied as a liquid.

NOTE: Contracts and graphs must specify when foam treatment is used.

NOTE: Buildings which are part slab and part crawl space, appropriate minimum requirements shall be met on each part.

Approved chemical must be applied to the wood according to the label directions, concentration rates and volumes. In addition crawl space buildings must meet items 1, 3, 4, 5, 6,10, 12 and 13a. of the minimum requirements for existing structures in Section III A. If ventilation is not provided as described in item 11 in Section IIIA, the license holder shall, in writing on the contract, notify the owner within 12 months of their acquiring ownership of the property that proper ventilation needed to comply with the minimum requirements for termite and other structural pest work was not provided at the time of construction. Slab buildings must meet items 3b, 12 and 13a of the minimum requirements for existing structures in Section III A.

Note: Contracts and graphs for all pretreats must state the name of the material used. All materials used must comply with the requirements for materials given in Section III C.

Wood decks and/or wood patios are INCLUDED as part of the contract, contract transfer or clearance letter issued on an attached structure UNLESS the contract, contract transfer or clearance letter shows in BOLD PRINT that existing termite damage, or damage that occurs in the future, is NOT to be replaced on wood decks and/or wood patios.

CLARIFICATION

In addition to requirements specified in SECTION II item 1, contracts must specifically state the initial number of bait stations that are to be installed and the frequency upon which an inspection of the bait placements or monitoring stations are to be performed. The diagram must show the location

The materials, baits, monitoring stations, and matrix's shall be applied and maintained according to label directions and schedule specified in the contract.

third, or fourth offense.

For a violation to be considered as a second or subsequent offense, it must be a repeat of a violation for which a previous enforcement action has been taken by the Plant Board. The previous violation/violations must have occurred within the past 3 years.

*In no case shall the failure to meet minimum requirements for structural pest work (Sections III A, III B, III C, and III D) adopted under the authority of Ar. Code 17-37-105, except those which require a termiticide application, be considered a violation and subject to a civil penalty.

The suspension, revocation, or non-renewal of a license by the Board may be in addition to or in conjunction with a civil penalty fine.

The pest control section will refer, the operation of faulty or unsafe equipment, and for distribution of adulterated and/or misbranded pesticides cases to the pesticide division of the AR. State Plant Board.

The processing sequence for an incident investigation is outlined in Figure I.

FIGURE I

Processing Sequence

Click here to view image

Concurrence with the Division's finding by the Panel must be unanimous before further action can be taken on the case.

The Hearing Officer/Committee/Board may use these factors to accelerate or mitigate enforcement action. When a civil penalty is the preferred action, the base fine penalty may be increased or decreased based on these factors. The civil penalty will not be more or less than the range for the specific violation listed in Appendix A.

The Full Board will take action to determine the final disposition of the case.