Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-9 - PROFESSIONAL SERVICE › Section 80-10-9-.16 - Responsibilities Of Structural Pest Control Permittees For Subterranean Termite Control Work

Current through Register Vol. 42, No. 9, June 28, 2024
Persons holding a permit to engage in Structural Pest Control
				  Work which involves subterranean termite work shall be responsible as
				  follows:
(1) Before any work is begun,
				the permittee or authorized agent shall be responsible for executing a written
				contract with the property owner or authorized agent as to the type of work to
				be performed on structure to be treated. A single contract may cover multiple
				structures treated.
(2) A duplicate
				of each contract for subterranean termite work shall be kept in the files of
				the permittee for a period of one (1) year beyond the expiration date of the
				contract and made available to the commissioner or authorized agent upon
				request. By the 10th of each month, the permittee shall complete a report of
				all subterranean termite work performed during the prior month. Monthly reports
				shall contain the full names of property owners, complete addresses of
				structures treated and date of treatment. If no work is performed during any
				month, a report must be completed indicating that no work was performed. These
				reports shall be maintained by the permittee in each main or branch office
				location responsible for the supervision of the work performed. These reports
				shall be maintained in an accruing/succeeding order by the permittee in a file
				titled "Termite Reports for the Commissioner" and made available for inspection
				during normal business hours or furnished to the Commissioner or his authorized
				agents upon request. Each monthly report shall be maintained by the permittee
				for a period of three (3) years from the month it was filed.
(3) The executed contract pertaining to said
				treatment(s) shall be presented and furnished to property owner or authorized
				agent for acceptance and shall clearly set forth and include the following:
(a) Exact location of structure inspected and
				to be treated.
(b) Name and address
				of the property owner or authorized agent if different from (a)
				above.
(c) Name and address of the
				permittee.
(d) Signature of the
				permittee, or authorized agent.
(e)
				The date the written contract is to be entered into and the period of time
				covered by the contract. Permittees shall enter into a contract which covers
				subterranean termite service for at least one (1) year. This requirement shall
				not preclude the issuance of a renewable contract for periods longer than one
				(1) year.
(f) For existing
				structures, the contract shall include a foundation diagram or sketch of the
				structure(s) inspected and treated. This diagram shall clearly indicate and
				make full disclosure thereon of any visual evidence of any active or previous
				infestation of subterranean termites. The evidence of an active or previous
				infestation of subterranean termites may be synonymous with damage, and such
				damage and any need of corrective repairs needs to be evaluated by the property
				owner and/or their qualified building expert to determine the extent of damage
				and the need for repair.
(g) Time
				or intervals of reinspection, amount of renewal fee, and the number of years
				over which renewal fee will remain fixed.
(h) Total price to be charged for treatment
				service.
(i) Contracts issued for
				the subterranean termite work as to whether or not contract provides
				retreatment only and/or repair of damage should subterranean termites reinfest
				a structure, shall contain at the top of the front page of the contract one of
				the following statements, in at least one-eight (1/8) inch bold letters and
				blocked in with a heavy black line:
1. This
				contract provides for retreatment of the infested areas of the covered
				structure(s) but does not provide for the repair of damage caused by
				subterranean termites; or
2. This
				contract provides for retreatment of the infested areas of the covered
				structure(s) and the repair of damage caused by subterranean termites only
				within the limits stated in this contract.
3. For pesticide products allowing a Defined
				Post Construction Soil Treatment consistent with individual product registered
				label directions; the contract shall clearly specify "Defined Post Construction
				Soil Treatment" within the blocked section following the mandatory statement(s)
				as set forth in Rule 80-10-9-.16(3) i 1 or 2.
Any deviation of a Defined Post Construction Treatment per
				  product label and this Rule, shall be considered Comprehensive Post
				  Construction Treatment and shall meet all requirements of this Rule and Rule
				  80-10-9-.20.
(j) For a person
				performing subterranean termite work in multiple states and who is certified
				and permitted to solicit and engage in subterranean termite work in Alabama,
				similar statements that are required on subterranean termite contracts in other
				states may be substituted for those set forth in and 2. of this rule, upon
				written approval by the Alabama Department of Agriculture and
				Industries.