Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-9 - PROFESSIONAL SERVICE › Section 80-10-9-.02 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
For the purpose of these regulations, the following words,
				  names and terms shall be construed within the meaning and purpose of Chapter 28
				  of Title 2 of
Code of Ala. 1975
to mean:
(1)
Accessible Area.
An area
				that a person can physically enter and/or inspect.
(2)
Board.
The State Board of
				Agriculture and Industries of the State of Alabama.
(3)
Branch Office.
A place of
				business at an established location other than the main office having equipment
				and three or more employees directly engaged in structural pest control work
				from such place of business, which place of business is a subdivision or branch
				of the main office, point of headquarters or principal operation of the
				firm.
(4)
Branch Supervisor.
A person who has been certified by the examining board as qualified to
				supervise the operation of a branch office only, and in no event shall such
				person be qualified to supervise structural pest control work from a main
				office.
(5)
Business
				Location.
Any location in or from which professional work or services
				are solicited, accepted or conducted.
(6)
Certification Card.
A
				document issued by the commissioner attesting that all standards have been met
				in competency in one or more categories of professional work or services as
				certified by the examining board.
(7)
Certified Operator.
A person
				who has been certified by the examining board as qualified to supervise the
				operation of a main office or branch office.
(8)
Chapter.
Chapter 28 of Title
				2 of
Code of Ala. 1975
, §§
									2-28-1 through
				2-28-12.
(9)
Chemical(s).
Pesticide(s),
				collectively and individually.
(10)
Commissioner.
The Commissioner of the Department of Agriculture
				and Industries of the State of Alabama.
(11)
Comprehensive Post Construction
				Soil Treatment.
The treatment of soils and masonry voids at or near
				ground level establishing a chemical treatment zone to protect a structure from
				attack from termites consistent with the requirements of Rule
				80-10-9-.20.
(12)
Defacing.
The removal of
				any surface of the structure or structural components to determine a condition
				that is not visible on the surface to the naked eye. Since the inspector is not
				the owner of the structure being inspected, no defacing will be done without
				approval from the property owner or authorized agent.
(13)
Defined Post Construction Soil
				Treatment
. The treatment of select areas of a structure as directed and
				permitted by a product's label directions to protect a structure from attack
				from termites consistent with the requirements of Rule
				80-10-9-.20.
(14)
Device.
Any instrument or
				contrivance (other than a firearm), which is intended for trapping, destroying,
				repelling, or mitigating any pest, or any other form of plant or animal life
				(other than man and other than bacteria, viruses, or other microorganisms on or
				in living man, or other living animals); but not including equipment used for
				the application of pesticides when sold separately therefrom.
(15)
Entomological Work.
Receiving fees for advice or prescriptions for the control or
				eradication of any insect pest or rodent or for actual spraying, dusting,
				fumigating or any other methods used for the control or eradication of any
				insect pest or rodent.
(16)
EPA.
The Environmental Protection Agency of the United States
				Government.
(17)
Evidence.
The presence and visible signs of wood destroying organisms, dead wood
				destroying organisms, wood destroying organism parts, grass, termite shelter
				tubes, termite shelter tube stains or wood destroying organisms damage to the
				structure(s) inspected.
(18)
Full-Time Resident Employee.
A person who has been certified by
				the examining board as supervisor, certified operator or branch supervisor in
				one or more category or categories of professional work or services and who is
				domiciled at or near the permitted business location from which professional
				work or services are solicited, accepted, or conducted.
(19)
Hidden Damage.
Damage that
				cannot be seen without defacing the surface or removing or dismantling any part
				of the structure to reveal such damage.
(20)
Horticultural and Floricultural
				Work.
Receiving fees for landscaping and the setting of plants or for
				the sale of any plants for which the seller contracts to render future
				services.
(21)
Inaccessible
				Area.
An area that cannot be reached physically with hands nor seen with
				the human eye. Examples of inaccessible areas include but are not limited to
				ceiling joists; studs and other timber between walls; areas behind solid
				structures such as planter boxes, masonry steps, porches, and chimneys; floors
				under attached floor coverings; areas behind or beneath stoves, refrigerators,
				furniture, built-in cabinets, insulation, and raised flooring with sleepers
				beneath.
(22)
Inspection.
A visual inspection of accessible areas of a structure to determine the
				presence or absence of an active and/or previous infestation of wood destroying
				organisms within limitations of generally accepted inspection
				procedures.
(23)
Label.
The written, printed, or graphic matter on, or attached to the pesticide
				or device or any of its containers or wrappers.
(24)
Labeling.
All written,
				printed, or graphic matter accompanying the pesticide or device at any time, or
				to which reference is made on the label or in literature accompanying the
				pesticide or device, except to current official publications of the
				Environmental Protection Agency, the United States Department of Agriculture
				and Interior, the Department of Health, Education and Welfare, state experiment
				stations, state agriculture colleges, and other similar federal or state
				institutions or agencies authorized by law to conduct research in the field of
				pesticides.
(25)
Main Office.
The home office, point of headquarters, or principal operation of a firm
				from which professional work or services are conducted or records are
				kept.
(26)
Official Alabama
				Wood Infestation Inspection Report.
An inspection performed under Rule
				80-10-9-.18 of this regulation and reported on the Official Alabama Wood Infestation
				Inspection Report form.
(27)
Pathological Work.
Receiving fees for advice or prescriptions for
				the control or eradication of any plant disease or for actual spraying or any
				other methods used for the control or eradication of any plant
				disease.
(28)
Permittee.
The person issued a permit to engage in professional work or services at
				a particular business location covered under the provisions of the
				chapter.
(29)
Person.
Any individual, partnership, corporation, association, organization, or
				other legal entity.
(30)
Pest.
Any insect, rodent, nematode, fungus, weed, or any form of
				terrestrial or aquatic plant or animal life or virus, bacteria, or other
				microorganisms (except viruses, bacteria, or other microorganisms on or in
				living man or other living animals).
(31)
Pesticide.
(a) Any substance or mixture of substances
				intended for preventing, destroying, repelling, attracting or mitigating any
				insects, rodents, nematodes, fungi, weeds, or other forms of plant or animal
				life and/or bacteria and viruses, except bacteria or viruses on or in living
				man or other animals, and
(b) any
				substance or mixture of substances intended for use as a plant regulator,
				defoliant, or desiccant.