Current through Register Vol. 39, No. 6, September 16, 2024
(a) All agreements for the control or
prevention of wood-destroying organisms in existing structures shall be in
writing and shall include the following:
(1)
Date property was inspected and full name of the inspector;
(2) Exact location of property inspected or
treated;
(3) Name and address of
the property owner or his authorized agent;
(4) Name and address of the company proposing
or performing the treatment;
(5)
License number and phase(s) of the licensee and under whose license the work is
to be performed;
(6) Signature of
licensee or his authorized agent;
(7) A foundation diagram or, if required or
recommended by the label of the pesticide used, a site plan of the structure(s)
or portions of such structure(s) inspected. The diagram or site plan shall
indicate:
(A) The location of individual water
sources;
(B) Any visible evidence
of wood-destroying organism infestation;
(C) Whether the infestation is active or
inactive;
(D) The location of any
visibly damaged timbers;
(E)
Portions of the structure treated and not treated;
(F) The approximate number and proposed
location(s) of bait or monitoring device placements, if applicable. Upon
completion of the installation the property owner or agent shall be provided
with a diagram or site plan showing the actual number and locations of all
stations; and
(G) For treatment of
wood-decay fungus infestations, the location and result of all moisture meter
readings obtained pursuant to
02 NCAC
34 .0508;
(8) The date upon which the written agreement
is entered into and the period of time covered by the written
agreement;
(9) The wood-destroying
organism(s) to be controlled or prevented and the terms of the service
agreement or warranty to be issued, if any;
(10) Whether or not reinspections are to be
made and, if so, approximate time interval between, and renewal fees for
same;
(11) Conditions under which
retreatments will be made;
(12)
Total price to be charged for treatment service and for repairs or excavations,
where such are to be performed;
(13) The written agreement, waiver (if
applicable), and Wood-Destroying Insect Report or Wood-Destroying Organism
Report, shall not show or include the address and telephone number of any
licensee's representative or employee other than the address and telephone
number of those specified in Subparagraphs (a)(4) and (5) of this
Rule;
(14) Any licensee or business
entity advertising to be bonded shall advise each customer, in writing, in the
proposal, whether or not the warranty or written agreement will be covered by a
bond of any type;
(15) If the
performance of the work is guaranteed by a bond, the agreement shall set forth
those performance guarantees in wording identical to that in the bond
itself;
(16)
02 NCAC
34 .0501(a) shall also be
followed;
(17) Whether the written
agreement or warranty may be transferred to subsequent owners of the property
and the terms of any such transfer.
(b) A structure or structures covered by a
written agreement or warranty for wood-destroying organism(s) treatment shall
not knowingly be placed under an additional written agreement or warranty for
the same treatment while the first written agreement or warranty is still in
effect without first obtaining a separate written acknowledgment of such signed
by the property owner or authorized agent.
(c) When periodic reinspections or
retreatments are specified in written agreements for the control or prevention
of wood-destroying organisms, the licensee shall issue to the property owner or
his authorized agent, after each reinspection or retreatment, a signed report
of each reinspection or retreatment showing the condition of the property with
respect to the presence or absence of wood-destroying organisms. A record of
such reinspections and retreatments shall be kept in the file of the licensee.
Such reports shall be subject to inspection by the enforcement agency or
committee.
(d) All agreements for
the control or prevention of wood-destroying organisms in buildings under
construction shall be in writing and shall include the following:
(1) Date of final treatment and period of
time covered by the written agreement;
(2) Exact location of the treated
property;
(3) Name and address of
the property owner or his authorized agent;
(4) Name and address of the
licensee;
(5) License number and
phase(s) of the licensee and full name of company licensee
represents;
(6) Signature of
licensee or his authorized agent;
(7) The wood-destroying organism(s) to be
controlled or prevented and the terms of the warranty to be issued, if
any;
(8) Whether or not
reinspections are to be made and, if so, approximate time interval between, and
renewal fees, if any, for same;
(9)
Conditions under which retreatments will be made;
(10) Total price to be charged for treatment
service;
(11) Any licensee or
business entity advertising to be bonded shall advise each customer, in
writing, in the proposal, whether or not the warranty or written agreement will
be covered by a bond of any type;
(12) If the performance of the work is
guaranteed by a bond, the agreement shall set forth those performance
guarantees in wording identical to that in the bond itself;
(13)
02 NCAC
34 .0604(a) shall also be
followed;
(14) Whether the written
agreement or warranty may be transferred to subsequent owners of the property
and the terms of any such transfer;
(15) If a warranty is issued on a treatment
for prevention of subterranean termites in new construction, the licensee shall
provide to the builder (or owner, if known at time of treatment) a one-year
transferable warranty, which contains, as a minimum, the following terms and
conditions:
(A) The warranty shall cover
retreatment of the structure;
(B)
The warranty period shall begin on or after the day the pretreatment is
completed;
(C) The PCO must offer
the homeowner the opportunity to renew the warranty on the same terms and
conditions the licensee offers renewals of the regular termite treatment
contracts for four consecutive years;
(D) The warranty must be transferable to any
owner within either the original one-year warranty period, or within any of the
four years specified in Part (d)(15)(C) of this Rule, by notification from the
new or the old owner to the licensee or his agent. Failure of the homeowner to
renew any one year relieves the PCO of any future responsibility for renewal
based upon Parts (d)(15)(C) and (D) of this Rule. The renewal warranty must, as
a minimum, extend retreatment, but may by mutual agreement, be extended or
enlarged; and
(E) Neither the
licensee's original warranty nor any extension thereof shall extend to:
(i) Violations of the Standard Builder's Code
by the owner/builder which occur after the completion of the
pretreatment;
(ii) Additions not
treated by the licensee or his representative;
(iii) Infestations originating or thriving as
a result of remodeling, landscaping or other alteration which occurs after
pretreatment is complete and which entails considerable disturbance of the
treated soil area or would otherwise enable termites to avoid or circumvent the
treatment; and
(iv) Infestations
originating or thriving as a result of building defects, including but not
limited to water leaks, excessive moisture or structural defects, of which the
property has been notified and given the opportunity to correct.
(e) If the
licensee provides preventive treatment(s) for subterranean termites to a
structure(s) for someone such as a builder or construction company who is
constructing the building(s) for someone else or with the purpose of offering
the building(s) for sale, the licensee may enter into a single master agreement
with the builder to provide the preventive treatment(s) for subterranean
termites. This single master agreement shall include the following:
(1) Name and address of the builder or his
authorized agent;
(2) That
information required in Subparagraphs (d)(4) through (15) of this
Rule.
(f) When a
structure is treated under an agreement with a builder, the licensee shall:
(1) Following completion of the treatment and
upon notification by the builder or buyer, issue a written agreement to the
initial buyer. The written agreement issued to the buyer shall include the
following:
(A) Name and address of the builder
or his authorized agent as it appears on the builder's agreement;
(B) That information required in
Subparagraphs (d)(1) through (9), (11), (14), and (15) of this Rule. The
builder shall be issued a copy of any written agreement issued the
buyer.
(2) Maintain a
record of each treatment performed on each structure to include the following
information:
(A) Location of the structure
treated;
(B) Date each treatment
was performed;
(C) The portion(s)
of the structure treated.
Authority
G.S.
106-65.29;
Eff. July 1,
1976;
Readopted Eff. November 22, 1977;
Amended Eff.
August 20, 1980; August 1, 1980;
Temporary Amendment Eff. October
15, 1987 for a period of 180 days to expire on April 12, 1988;
Temporary Amendment Expired Eff. January 19, 1988;
Amended Eff.
August 3, 1992; January 1, 1991; January 1, 1989;
Temporary
Amendment Eff. January 10, 1997;
Temporary Amendment Expired Eff.
October 31, 1997;
Amended Eff. August 1, 2004; August 1, 2002; July
1, 1998;
Pursuant to
G.S.
150B-21.3A, rule is necessary without
substantive public interest Eff. November 22,
2018.
