CHAPTER 14. Structural Pest Control Operators [8500. - 8697.4.]
Chapter 14 repealed and added by Stats. 1941, Ch. 1163.
§§ 8500–8697.4 · 168 sections
ARTICLE 1. General Provisions §§ 8500–8519.5 · 45 sections
- § 8500 Unless the text otherwise requires, the general provisions hereinafter set forth govern the construction of this chapter.
- § 8501 “Director” refers to the Director of Consumer Affairs.
- § 8502 “Board” refers to the Structural Pest Control Board within the Department of Consumers Affairs.
- § 8503 “Registrar” refers to the registrar of the Structural Pest Control Board.
- § 8503.5 “Committee” means the Disciplinary Review Committee established pursuant to Section 8660.
- § 8504 “Person” includes an individual, firm, partnership, corporation, limited liability company, association or other organization or any combination thereof.
- § 8504.1 “Pesticide” includes any of the following: (a) Any spray adjuvant. (b) Any substance, or mixture of substances, which is intended to be used for preventing,…
- § 8504.2 “Control” means a pest population management system that utilizes techniques to reduce and maintain pest populations at levels below those causing economic or…
- § 8504.3 “Eradication” means the total elimination of a pest from a designated area. For purposes of this chapter, elimination and extermination shall have the same…
- § 8504.4 “Inspection” is the act of a field representative or operator physically performing an onsite assessment of real property.
- § 8505 (a) “Structural pest control” and “pest control” as used in this chapter are synonymous. Except as provided in Section 8555 and elsewhere in this chapter, it…
- § 8505.1 (a) Except as provided in subdivisions (b) and (c), for the purpose of this act, “fumigation” shall be defined as the use within an enclosed space for the…
- § 8505.2 Fumigation shall be performed only under the direct and personal supervision of an individual who is licensed by the board as an operator or field…
- § 8505.3 “Direct and personal supervision” as used in Section 8505.2 means that the Branch 1 licensee exercising that supervision shall be present at the site of the…
- § 8505.4 Fumigation shall be performed in compliance with all applicable state, county, and city laws and ordinances and all applicable laws and regulations of the…
- § 8505.5 (a) Notice of the date and place of fumigation, and chemicals to be used, shall be given by the fumigator to the fire department serving the area in which…
- § 8505.7 The space to be fumigated shall be vacated by all occupants prior to the commencement of fumigation, and all entrances thereto shall be locked, barricaded, or…
- § 8505.8 Prior to the commencement of fumigation, the space to be fumigated shall be sealed in such manner that tests taken before ventilation is begun will show that…
- § 8505.9 Prior to the commencement of fumigation, warning signs shall be posted in plainly visible locations on or in the immediate vicinity of all entrances to the…
- § 8505.10 Warning signs shall be printed in red on white background and shall contain the following statement in letters not less than two inches in height:…
- § 8505.11 If the structure which has been fumigated has an attic or if the area underneath such structure is accessible to inspection for purposes of structural pest…
- § 8505.12 A registered company performing fumigation shall use an adequate warning agent with all fumigants which lack those properties. There may be circumstances in…
- § 8505.13 A registered company shall maintain a log of each fumigation job performed by it in this state. The log shall be in the form required by the regulations of the…
- § 8505.14 “Fumigator” means any individual licensed by the board as a structural pest control operator or as a structural pest control field representative in Branch 1…
- § 8505.16 All fumigators shall be familiar with and able to administer artificial respiration by the best method or methods recommended currently by the Red Cross in its…
- § 8505.17 (a) There is hereby continued in existence in the State Treasury a special fund to be known as the Structural Pest Control Education and Enforcement Fund.…
- § 8506 (a) “Structural pest control operator” is any individual licensed by the board to practice structural pest control. (b) As used in this chapter, “operator”…
- § 8506.1 (a) A “registered company” is any sole proprietorship, partnership, corporation, or other organization or any combination thereof that is registered with the…
- § 8506.2 A “qualifying manager” is the licensed operator or operators designated by a registered company to supervise the daily business of the company and to be…
- § 8507 (a) “Structural pest control field representative” is any individual who is licensed by the board to secure structural pest control work, identify infestations…
- § 8507.1 (a) (1) “Structural pest control applicator” is any individual who is licensed by the board to apply pesticides in Branch 2 or Branch 3 on behalf of a…
- § 8508 “Household” means any structure and its contents that are used for persons and their convenience.
- § 8509 “Branch office” is any fixed place of business in addition to the location of the principal office for which the company registration is issued, where records…
- § 8510 For purposes of this chapter, “wood preservative” means any coating formulated to protect wood surfaces from deterioration caused by insects, fungus, rot, and…
- § 8511 “Manufacturer” is a person engaged in the processing of materials used in the practice of pest control, but who does not himself engage in such practice.
- § 8512 “Employer” refers to a registered company that employs operators, field representatives, applicators, and other individuals, the latter not being required to…
- § 8513 (a) The board shall prescribe a form entitled “Notice to Owner” that shall describe, in nontechnical language and in a clear and coherent manner using words…
- § 8514 (a) A Branch 2 or 3 registered company shall not commence work on a contract, or sign, issue, or deliver any documents expressing an opinion or statement…
- § 8514.5 It is unlawful for any registered company under this chapter when billing for any subcontracted work authorized under Section 8514, to charge, bill, or…
- § 8515 Nothing in this chapter shall prohibit a company registered hereunder from authorizing an officer, partner, or employee to submit bids, after an inspection by…
- § 8516 (a) This section, and Section 8519, apply only to wood destroying pests or organisms. (b) A registered company or licensee shall not commence work on a…
- § 8517 Any work contract, billing, agreement, letter of work completed, or other correspondence or document expressing an opinion or making a statement relating to…
- § 8518 (a) When a registered company completes work under a contract, it shall prepare, on a form prescribed by the board, a notice of work completed and not…
- § 8519 Certification as used in this section means a written statement by the registered company attesting to the statement contained therein relating to the absence…
- § 8519.5 (a) After an inspection report has been prepared by a Branch 3 registered company pursuant to Section 8516, which discloses a wood destroying pest or organism…
ARTICLE 2. Administration §§ 8520–8536 · 20 sections
- § 8520 (a) There is in the Department of Consumer Affairs a Structural Pest Control Board, which consists of seven members. (b) Subject to the jurisdiction conferred…
- § 8520.1 Protection of the public shall be the highest priority for the Structural Pest Control Board in exercising its licensing, regulatory, and disciplinary…
- § 8520.2 (a) The Structural Pest Control Board is hereby transferred from the jurisdiction of the Department of Pesticide Regulation and placed under the jurisdiction…
- § 8521 The board is composed of seven members, three of whom shall be, and shall have been for a period of not less than five years preceding the date of their…
- § 8522 (a) Members of the board shall be appointed for a term of four years, subject to removal by the appointing power at his or her pleasure. (b) Vacancies shall be…
- § 8523 The board shall organize and elect a president who shall serve for one year. The board shall meet annually during the month of October. Special meetings may be…
- § 8524 Four members of the board shall constitute a quorum for the transaction of business, for the performance of any duty, or the exercise of any power or authority…
- § 8525 (a) The board, subject to the approval of the director, may, in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2…
- § 8526 Each member of the board shall receive a per diem and expenses as provided in Section 103.
- § 8527 The board shall adopt and use a seal. The seal shall have the words “Structural Pest Control Board, State of California,” and such other devices as the board…
- § 8528 (a) With the approval of the director, the board shall appoint a registrar, fix the registrar’s compensation, and prescribe the registrar’s duties. (b) The…
- § 8529 The registrar, with the approval of the board and of the director, and subject to the State Civil Service Act, may appoint and fix the compensation of such…
- § 8530 The board, with the approval of the director, may establish the main office of the board, and branch offices of the board in any city of this State.
- § 8531 The registrar shall keep a complete record of the board’s actions, and shall maintain at the office of the board a complete index record of all applications…
- § 8531.5 The board shall prepare minutes of its annual meeting and any special meetings, which shall be permanently maintained at the office of the registrar.
- § 8532 Copies of all records and papers in the office of the board, certified by the registrar under the seal of the board shall be received in evidence in all courts…
- § 8533 Whenever funds are available for the purpose, the registrar, at the discretion of the board, may publish, or cause to be published, a roster of the individuals…
- § 8534 Whenever funds are available for the purpose, the registrar, at the direction of the board, may publish and disseminate to individuals licensed and companies…
- § 8535 The registrar, and any member of the board, may administer oaths for the purpose of administering this chapter.
- § 8536 No manufacturer, his or her agents or employees, nor any person who is a consultant of or connected with any manufacturer, shall be appointed to the board.
ARTICLE 2.5. Pesticides § 8538 · 1 section
- § 8538 (a) A registered structural pest control company shall provide the owner, or owner’s agent, and tenant of the premises for which the work is to be done with…
ARTICLE 3. Application of the Chapter §§ 8550–8557 · 9 sections
- § 8550 (a) It is unlawful for any person to advertise, to engage in, or offer to engage in the business or practice of structural pest control, as defined in Section…
- § 8551 It is unlawful for any unlicensed person to perform fumigation with dangerous or lethal fumigating chemicals in any public structure, including rooming houses,…
- § 8551.5 Except as provided in this chapter, an unlicensed individual in the employ of a registered company shall not apply any pesticides included in Branch 2 or…
- § 8552 It is unlawful for any person to advertise or represent in any manner that any pest control work, in whole or in part, has been done upon any structure, unless…
- § 8553 Any person who violates any provision of this chapter, or who conspires with another person to violate any provision of this chapter, is guilty of a…
- § 8554 No individual engaged in the business or acting in the capacity of an operator may bring or maintain an action in any court of this state for the collection of…
- § 8555 This chapter does not apply to: (a) Public utilities operating under the regulations of the Public Utilities Commission, except to work performed upon property…
- § 8556 (a) Licensed contractors acting in their capacity as such, may remove and replace any structure or portions of a structure damaged by wood destroying pests or…
- § 8557 No city, county, or city and county shall prohibit a person or group of persons, authorized by the board by a license, certificate, or other such means under…
ARTICLE 4. Issuance of Licenses §§ 8560–8572 · 17 sections
- § 8560 (a) Licenses issued to operators, field representatives, or applicators shall be limited to the branch or branches of pest control for which the applicant has…
- § 8561 Any individual 18 years of age or over may apply for a license as an operator. The applicant shall possess the qualifications and be examined as hereinafter…
- § 8562 (a) To obtain an original operator’s license, an applicant shall submit to the registrar an application containing the statement that the applicant desires the…
- § 8563 Any individual 18 years of age or over may apply for a license as field representative. The applicant shall possess the qualifications and be examined as…
- § 8564 (a) To obtain an original field representative’s license, an applicant shall submit to the registrar an application containing a statement that the applicant…
- § 8564.5 (a) Any individual 18 years of age or older may apply for a license as an applicator. (b) The board shall ascertain by written examination that an applicant…
- § 8564.6 (a) To obtain an original applicator’s license, an applicant shall submit to the registrar an application containing a statement that the applicant requests…
- § 8565 The board shall ascertain by examination that an applicant for a license as operator is qualified in the use and understanding of all of the following: (a) The…
- § 8565.5 (a) An applicant for a Branch 1 operator’s license shall demonstrate to the board that he or she has passed satisfactorily board-approved courses in the…
- § 8566 The board shall ascertain by examination that an applicant for a license as field representative is qualified in the use and understanding of the following:…
- § 8566.5 An individual shall be permitted to hold only one license in the same branch at the same time. If an individual who holds an operator’s license requests to be…
- § 8567 (a) Should a field representative or applicator change his or her employment, or should an operator enter the employ of a registered company, or being already…
- § 8568 After a hearing the board may deny a license or a company registration unless the applicant makes a showing satisfactory to the board that the applicant, if an…
- § 8569 In addition to the partner or other individual designated as the qualifying manager for a registered company which is organized as a partnership, if any of the…
- § 8570 In addition to the officer or other individual designated as the qualifying manager for a registered company which is organized as an association or…
- § 8571 If the licensed operator who is designated as the qualifying manager for a registered company ceases for any reason whatsoever to be connected with the…
- § 8572 (a) Notwithstanding any other provision of law, the board may, in its sole discretion, issue a probationary license to an applicant subject to terms and…
ARTICLE 5. Renewal of Licenses §§ 8590–8593.2 · 6 sections
- § 8590 (a) Except as otherwise provided herein, an operator’s, field representative’s, and applicator’s licenses shall expire at 12 midnight on June 30 of the third…
- § 8591 If delinquency in the payment of the fee for renewal of any license extends beyond three months, the license shall not be reinstated and the licensee shall be…
- § 8592 Any licensee whose license is under suspension may make application for renewal of his or her license as provided in this article, but the board may not renew…
- § 8593 (a) The board shall require as a condition to the renewal of each operator’s and field representative’s license that the holder submit proof satisfactory to…
- § 8593.1 The board shall require as a condition to the renewal of each applicator’s license that the holder thereof submit proof satisfactory to the board that they…
- § 8593.2 Commencing July 1, 2016, a licensee shall comply with the training requirements of the Healthy Schools Act of 2000 (Article 4 (commencing with Section 17608)…
ARTICLE 6. Regulation of Licensees §§ 8610–8619 · 14 sections
- § 8610 (a) Every company that engages in the practice of structural pest control, as a sole proprietorship, partnership, corporation, or other organization or any…
- § 8611 (a) Each branch office shall have a branch supervisor designated by the registered company to supervise and assist the company’s employees who are located at…
- § 8612 (a) The licenses of qualifying managers and company registrations shall be prominently displayed in the registered company’s office, and no registration issued…
- § 8613 A registered company which changes the location of its principal office or any branch office or which changes its qualifying manager, branch supervisor,…
- § 8616 The Director of Pesticide Regulation shall be designated by the board as its agent for the purposes of carrying out Section 8616.4. The board and the…
- § 8616.4 The Director of Pesticide Regulation shall designate county agricultural commissioners as his or her representatives to carry out the provisions of Sections…
- § 8616.5 (a) The county agricultural commissioner shall be the lead agency for inspections and routine investigations of pesticide use by the board licensees and…
- § 8616.6 The Director of Pesticide Regulation shall be notified by the board when it determines that persons acting pursuant to Sections 8616 and 8616.4 have not…
- § 8616.7 When a county agricultural commissioner is acting, pursuant to Section 8616.4, only the commissioner may conduct inspections and routine investigations…
- § 8616.9 (a) If an employee is found during an inspection or investigation not wearing personal protective equipment required by label or regulation, the commissioner…
- § 8617 (a) The board or county agricultural commissioners, when acting pursuant to Section 8616.4, may suspend the right of a structural pest control licensee or…
- § 8617.5 Regulations adopted pursuant to Section 11503 of the Food and Agricultural Code are not applicable to this chapter.
- § 8618 Documents as specified by regulation must be maintained by all registered companies for three years.
- § 8619 (a) An inspection tag shall be posted whenever an inspection for wood destroying pests or organisms is made. (b) If the registered company completes any work…
ARTICLE 7. Disciplinary Proceedings §§ 8620–8666 · 39 sections
- § 8620 The board may upon its own motion, and shall upon verified complaint in writing of any person, investigate the actions of any individual acting as a licensee,…
- § 8621 A complaint of any person against a nonlicensee, licensee, or registered company shall be filed with the board no later than two years after the act or…
- § 8622 (a) When a complaint is accepted for investigation of a registered company, the board, through an authorized representative, may inspect any or all properties…
- § 8623 (a) Notwithstanding Section 8620 or any other provision of law, the board may revoke, suspend, or deny at any time a license under this chapter on any of the…
- § 8623.5 (a) A person whose license or registration has been revoked, suspended, or surrendered, or who has been placed on probation, may petition the board for…
- § 8624 If the board suspends or revokes an operator’s license and one or more branch offices are registered under the name of the operator, the suspension or…
- § 8625 The lapsing or suspension of a license or company registration by operation of law or by order or decision of the board or a court of law, or the voluntary…
- § 8632 The suspension or revocation of a license or a company registration as in this chapter provided may also be ordered in any action otherwise proper in any court…
- § 8635 Departure from, or disregard of, plans or specifications in the performance of structural pest control work in any material respect, without consent of the…
- § 8636 Disregard and violation of the buildings laws of the state, or of any of its political subdivisions, or of the safety laws, labor laws, health laws, or…
- § 8637 Misrepresentation of a material fact by the applicant in obtaining a license or company registration is a ground for disciplinary action.
- § 8638 Failure on the part of a registered company to complete any operation or construction repairs for the price stated in the contract for such operation or…
- § 8639 Aiding or abetting an unlicensed individual or unregistered company to evade the provisions of this chapter or knowingly combining or conspiring with an…
- § 8640 Payment, or the offer to pay, by any licensee or registered company to any party to a real estate transaction of any commission, bonus, rebate, or other thing…
- § 8641 Failure to comply with the provisions of this chapter, or any rule or regulation adopted by the board, or the furnishing of a report of inspection without the…
- § 8642 The commission of any grossly negligent or fraudulent act by the licensee as a pest control operator, field representative, or applicator or by a registered…
- § 8643 The negligent handling or use of any pesticide is a ground for disciplinary action.
- § 8644 Fraud or misrepresentation, after inspection, by any licensee or registered company engaged in pest control work of any infestation or infection of…
- § 8645 Impersonation of any state, county or city inspector or official is a ground for disciplinary action.
- § 8646 Disregard and violation of pesticide use and application, structural pest control device, fumigation, or extermination laws of the state or of any of its…
- § 8646.5 A notice of noncompliance shall be issued to a licensee or registered company whenever an authorized representative of the board finds that a pesticide…
- § 8647 Failure to comply in the sale or use of pesticides with the provisions of Chapter 2 (commencing with Section 12751) of Division 7 of the Food and Agricultural…
- § 8648 Authorizing, directing, conniving at or aiding in the publication, advertisement, distribution or circulation of any material by false statement or…
- § 8649 Conviction of a crime substantially related to the qualifications, functions, and duties of a structural pest control operator, field representative,…
- § 8650 Acting in the capacity of a licensee or registered company under any of the licenses or registrations issued hereunder except: (a) In the name of the licensee…
- § 8651 The performing or soliciting of structural pest control work, the inspecting for structural or household pests, or the applying of any pesticide for the…
- § 8652 Failure of a registered company to make and keep all inspection reports, field notes, contracts, documents, notices of work completed, and records, other than…
- § 8653 The failure of any registered company or agent or officer thereof, to pay any moneys due for any materials or services rendered in connection with its…
- § 8654 Any individual who has been denied a license for any of the reasons specified in Section 8568, or who has had his or her license revoked, or whose license is…
- § 8655 A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions, and…
- § 8656 In addition to the remedies provided for in Section 125.9, when the licensee who is a registered company has failed to pay the fine assessed pursuant to a…
- § 8657 The appointment of a receiver of the property of a licensee or registered company as provided in Chapter 5 (commencing with Section 564) of Title 7 of Part 2…
- § 8658 The board may bring an action to enjoin the violation of any provision of this chapter in any superior court in and for the county in which the violation has…
- § 8660 A disciplinary review committee consisting of three members shall be established for the purposes of reviewing appeals of orders issued pursuant to Section…
- § 8662 (a) Whenever the right of a structural pest control licensee or registered company to make pesticide applications is to be suspended or the licensee,…
- § 8663 (a) This section only applies to work conducted under a Branch 1 license. (b) A copy of a notice of violation issued for any violation committed by a…
- § 8664 (a) This section only applies to work conducted under a Branch 1 license. (b) Before a fine can be levied pursuant to Section 8663, the prime contractor shall…
- § 8665 The fact that an applicator is licensed shall not affect any liability or responsibility for disciplinary action of any operator, field representative, or…
- § 8666 It shall be unlawful for any licensee under this chapter to recommend or to perform any pest control corrective work under any contract or agreement that the…
ARTICLE 8. Revenue §§ 8670–8676 · 8 sections
- § 8670 As used in this chapter, “original operator’s license” means an operator’s license that is not a renewal license.
- § 8671 As used in this chapter, “renewal operator’s license” means a license issued to an individual who had an operator’s license unrevoked and unsuspended on June…
- § 8672 As used in this chapter, “original field representative’s license” means a field representative’s license issued to an individual who did not have a license on…
- § 8672.1 (a) As used in this chapter, “original applicator’s license” means an applicator’s license issued for an individual who did not have a license on the preceding…
- § 8673 License fees shall not be prorated unless an individual licensed as an operator, a field representative, or an applicator requests an earlier expiration date…
- § 8674 The fees prescribed by this chapter are the following: (a) A duplicate license fee of not more than two dollars ($2). (b) A fee for filing a change of name of…
- § 8675 The delinquent penalty for a renewal of any license issued under this chapter applied for after the expiration date of the license shall be 50 percent of the…
- § 8676 The Department of Consumer Affairs shall receive and account for all moneys collected under this chapter at the end of each month, and shall pay it into the…
ARTICLE 9. Financial Responsibility §§ 8690–8695 · 5 sections
- § 8690 The board shall not issue any company registration under this chapter unless the applicant shall have filed with the board on a form prescribed by the board…
- § 8691 A registered company shall not engage in the practices for which it is required to be registered by this chapter unless it maintains an insurance policy as…
- § 8692 (a) An “insurance policy” as used in this article means a contract of liability insurance issued by an insurance company authorized to transact business in…
- § 8693 (a) The board shall not issue, reinstate, or continue to maintain any company registration under this chapter unless the applicant or existing company has…
- § 8695 The violation of any provision of this article is a misdemeanor and shall be grounds for the suspension or revocation by the board of the operator’s license of…
ARTICLE 10. Indemnity Bonds §§ 8697–8697.4 · 4 sections
- § 8697 Each company registered under the provisions of this chapter shall maintain a bond executed by an admitted surety insurer in the amount of twelve thousand five…
- § 8697.2 The bonds required by this article shall be in favor of the State of California for the benefit of any person who, after entering into a contract with a…
- § 8697.3 (a) If, after a hearing conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, a…
- § 8697.4 Upon failure of a licensee or registered company to maintain in full force and effect any bond required by this article the registrar shall issue an order…