Current through Rules and Regulations filed through March 20, 2024
(1) Every licensee
shall issue a written contract to the property owner or owner's agent covering
each job of Wood Destroying Organisms Control, setting forth the following:
(a) The specific type of minimum adequate
control measure as defined in
620-6-.04.
(b) The effective date and the contract
period;
(c) A diagram consisting of
a reasonable depiction of the structure(s) to be treated, indicating the
location of any visible active or previous infestation;
(d) The price to be charged, including an
estimate of the cost of repairs, replacements or excavation, when such repairs,
replacements or excavation are related to the control of Wood Destroying
Organisms and are to be performed by the licensee;
(e) The specific terms of any guaranty or
warranty and whether they apply to retreatment or repair of damages. Any
contract for Wood Destroying Organism Jobs that offers any type of guaranty or
warranty shall contain at the top of the first page one of the following
statements, in at least one-eighth (1/8) inch letters and blocked in with a
heavy black line:
1. This contract provides
for retreatment of a structure but does not provide for the repair of damages
caused by wood destroying organisms.
2. This contract provides for retreatment of
a structure and the repair of damages caused by wood destroying organisms
within the limits stated in this contract.
(f) If the licensee has an approved bond,
whether or not the work under the contract is to be covered by the bond, and
the details of coverage expressed in terms identical to those in the bond
itself;
(g) Specific conditions for
renewal including:
1. the amount of the
renewal fee;
2. the number of years
over which the renewal fee will remain fixed;
3. whether or not reinspections of the
structure(s) under contract are to be made, and the approximate
interval.
(h) Any
provision for a limitation of liability based upon any modification or addition
to the structure as depicted in the diagram referenced in subsection (b) above
shall be set forth in the contract so that the homeowner understands that he is
responsible for notifying the pest control company of any modifications or
alterations which are made during any contract period.
(i) Contracts for residential structures, not
exceeding two (2) units, may not limit the area to be
treated.
(2) Every Wood
Destroying Organism Control contract shall be signed by the property owner or
owner's agent prior to performance of any control measures and the three (3)
day right of cancellation shall be disclosed to every contractee in accordance
with the Fair Business Practices Act of 1975, and rules of the Federal Trade
Commission, 16 C.F.R. 429.
(3)
Every Wood Destroying Organism Control contract for treatment which utilizes a
bait or baiting system shall contain the following statement in at least
one-eighth (1/8) inch letters and blocked in with a heavy black line "The
removal of the bait or baiting system may result in a lack of termite
protection".
(4) Subterranean
termite control warranty only contracts may not be issued in place of a
pre-construction treatment for subterranean termite control. These contracts
shall be limited to one and two family dwellings and town homes. Every
subterranean termite control contract for a control warranty only, without an
initial treatment shall include:
(a) an
initial inspection of the structure including a diagram consisting of a
reasonable depiction of the structure(s), indicating the location of any
visible previous infestation, date of inspection;
(b) type of minimum adequate subterranean
termite control treatment of the infestation(s) as defined in Rule
620-6-.04 that will be performed
beginning with the first occurrence of termite activity
(c) an annual inspection of the
structure
(d) a statement, in at
least one-eighth (1/8) inch letters and blocked in with a heavy black line,
that states "This contract provides for the inspection of the structure, future
treatment of the structure and for the repair of damages caused by wood
destroying organisms within the limits stated in this contract"
(5) In addition to all other
recordkeeping requirements, the licensee shall maintain reports of all
monitoring, inspections and/or reinspections of the structure(s), baits or
baiting systems and devices under contract. Such reports shall be provided to
the property owner and a copy shall be maintained by the licensee for
inspection by the enforcement agency, in a reasonable amount of time, for a
period of two (2) years. The reports shall include the date of the monitoring,
inspection or reinspection, name of the person performing the monitoring,
inspection or reinspection and whether or not Wood Destroying Organisms or
signs of termite activity were found.
(6) Copies of all contracts and supporting
documentation (pesticide use records, diagrams of the structure and any
Official Waiver Forms) shall be maintained by the licensee during the contract
period and for a period of two (2) years following the date of expiration of
the contract.
O.C.G.A. §
43-45-8.
