Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXV - Structural Pest Control › Chapter 1 - Structural Pest Control Commission › Section XXV-101 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The definitions
				in R.S.
				3:3362 are applicable to this Part.
B. The following words and terms are defined
				for the purposes of this Part.
Active Infestation
-the presence of living
				  insects in or on a structure.
Act
-the Structural Pest Control Law, which
				  is currently Part VII of Chapter 20 of Title 3 of the Louisiana Revised
				  Statutes of 1950, (R.S. 3:3301 et seq.).
Adjudicatory Proceeding
-an open public
				  hearing by the commission to determine whether violations of the Act or these
				  rules and regulations have occurred.
Applicant
-any person making application for
				  a license to engage in operations coming under the provisions of this
				  Part.
Availability
[with reference to
direct supervision
]-that the licensee must be able to reach
				  the job site within three hours after receipt of a call or have established
				  another licensee to supervise his operations (see definition of
direct
				  supervision
in §101).
Bond
-a written instrument issued or executed
				  by a bonding, surety or insurance company licensed to do business in this
				  state, guaranteeing the fulfillment of the agreement between the licensee or
				  business entity and his customer and insuring against fraudulent practices by
				  the licensee or business entity.
Branch Office
-any site, i.e., office, store,
				  warehouse, etc., where any kind of structural pest control services are offered
				  to the general public.
Business
-either a single person or a group
				  of persons organized to carry on the business of structural pest
				  control.
Certified Fumigation
				  Technician
-repealed.
a.
Structural Fumigation
-apply fumigants to and clear fumigants
				from structures under the supervision of a licensed fumigator.
b.
Ship Fumigation
-shall
				only add additional fumigants to a ship fumigation after the initial amount of
				fumigants has been applied, under the supervision of a licensed
				fumigator.
c.
Commodity
				Fumigation
-apply fumigants to and clear fumigants from commodities
				under the supervision of a licensed fumigator.
Chain Wall
-any wall constructed of any
				  material that supports or skirts a structure.
Commodity Fumigation
- the fumigation of food
				  or non-food items stored in stacks, rail cars, containers, trucks, barges,
				  boxes, bins, etc. that are not normally occupied by humans. No living quarters
				  shall be in any of the above.
Construction
-the act of building a structure
				  from the start of the first stage of physical work until completion which is
				  when a final inspection by an appropriate building inspector is
				  completed.
Containment Pad
-a containment structure
				  that:
a. for new and existing
				containment structures, meets the design, construction materials and capacity
				requirements of 750 gallons or 100 percent of the capacity of the largest
				container/equipment used on the pad (whichever is less); and
b. accommodates pesticide spills or leaks in
				dispensing areas at bulk facilities.
Containment Structure
-new and existing
				  structures at bulk facilities that meet the design, construction materials and
				  capacity requirements used to contain spills or leaks from stationary pesticide
				  containers or pesticide dispensing activities.
a. An existing containment structure is a
				structure for which installation began on or before July 1, 2011.
b. A new containment structure is a structure
				for which installation began after July 1, 2011 if certain conditions regarding
				permits, construction and contracts are met.
Contract
- a written agreement between two or
				  more persons, one of whom is a pest control operator for services for the
				  provision of a specific pest control service. Contracts for subterranean
				  termites, dry wood termites, power post beetles or old house borers shall be
				  approved by the commission prior to use.
Curtain Wall-
any non-supporting wall
				  constructed of any material that skirts a structure.
Department
- the Louisiana Department of
				  Agriculture and Forestry.
Direct Supervision
-physical contact at least
				  twice within five consecutive working days by a licensee with all employees
				  registered under his supervision, including giving routine and/or special
				  instructions, prescribing pesticides, calculating volume of pesticides to be
				  applied, calibrating equipment and being available, whenever and wherever
				  needed, to handle any emergency situations which might arise (see definition of
availability
in §101).
Director
-the director of the Division of
				  Pesticide and Environmental Programs or his duly authorized representatives
				  acting at his direction.
Division
-the Department's Division of
				  Pesticide and Environmental Programs.
Employee
-any person employed by a permittee,
				  working under the supervision of, and engaged in structural pest control work
				  as defined in La.
				  R.S.
				  3:3362. Excluded are: clerical, janitorial or
				  office maintenance employees or those employees completely disassociated with
				  performing structural pest control work.
Fumigation
-the application of a fumigant in
				  residential and commercial structures, ships, railcars, trucks, commodities
				  such as dunnage on wharves, silos or conveyors, vaults or the like.
Gas
-matter in a vapor state which diffuses
				  readily and is capable of indefinite expansion in all directions moving from an
				  area of high concentration toward an area of lower concentration. Aerosols
				  should not be confused with gas as they are particulate suspensions.
Household Pest
- all species of insects and
				  other pests which infest residences and other types of buildings and their
				  immediate premises, such as cockroaches, flies fleas, mosquitoes, clothes
				  moths, spiders, carpenter ants, carpenter bees, rodents and so forth, but does
				  not include wood-destroying insects.
Hydraulic Injection
- the non-trenching
				  application of a termiticide mixture by high pressure into the soil.
Inspection Diagram
-a diagram that provides
				  an accurate representation of the structure, including measurements, treatment
				  types (trench and treat, rodding, bath trap, etc.), construction types, and
				  specific treatment locations.
Label
- the written, printed or graphic
				  matter on or attached to a pesticide or device or any of its containers or
				  wrappers.
Labeling
-all labels and other written,
				  printed or graphic matter:
a.
				accompanying a pesticide or device at any time; or
b. to which reference is made on the label or
				in literature accompanying the pesticide or device, provided that the term does
				not apply to current official publications of the EPA; the U.S. Departments of
				Agriculture, Interior or Health, Education and Welfare; state experiment
				stations; state agriculture colleges; and other similar federal and state
				institutions and agencies authorized by law to conduct research in the field of
				pesticides.
License
-a document issued by the commission
				  which authorizes the practice and/or supervision of one or more phases of
				  structural pest control work as follows:
a.
General Pest Control
-the
				application o remedial or preventive measures to control, prevent o eradicate
				household pests by use of pesticides used as sprays, dusts, aerosols, thermal
				fogs, barriers, traps and baits;
b.
Commercial Vertebrate Control
- the application of remedial or
				preventive measures to control, prevent or eradicate vertebrates, including
				baits, chemicals, barriers, gases and traps, in nonresidential establishments,
				but not including tarpaulin fumigation;
c.
Termite Control
-the
				application of remedial or preventative measures for the control, prevention,
				or eradication of termites, powder post beetles, and old house borers and the
				inspection of structures for wood-destroying insects.
d.
Fumigation
- the use of
				lethal fumigants and/or rodenticides in a gaseous form for the control,
				prevention or eradication of insect pests, rodents, or other pests in a sealed
				enclosure with or without a tarpaulin;
e.
Wood Destroying Insect Report
				(WDIR) Inspector
-the application of remedial or preventive measures
				for the control, prevention or eradication of termites and other
				wood-destroying insects and the inspection of structures for wood-destroying
				insects.
Licensee
-the person who holds a valid
				  license as herein provided.
Material Safety Data Sheet (M.S.D.S.)
-a
				  document which states chemical characteristics and safety precautions regarding
				  a specific chemical.
Non-Residential Establishment
-includes, but
				  shall not be limited to, hotels, motels, schools, hospitals and nursing
				  homes.
Permittee
-any person who holds a place of
				  business permit issued by the commission.
Pest Control Operator
-any person conducting
				  or performing structural pest control.
Place of Business
-the entire premises to
				  which the public generally is expressly or impliedly invited for the purpose of
				  transacting business with the owner and is simply a location where business is
				  transacted, or a shop, office, warehouse or commercial establishment, and shall
				  be indicated on the application and the permit and any license issued for that
				  place of business.
Registered Employee
-an employee registered
				  as provided by this Chapter.
Registered Wood Destroying Insect Report (WDIR)
				  Technician
-an employee qualified to conduct wood destroying insect
				  report inspections.
Registration Certificate
-a document issued
				  by the commission staff to a non-licensed employee of a business engaged in
				  structural pest control work.
Repellents
-substances, not fumigants, under
				  whatever name known, which may be toxic to insects and related pests, but
				  generally employed because of their capacity for preventing the entrance or
				  attack of pests.
Residential Structure
-any structure, movable
				  or immovable, permanent or temporary, that is adapted for both human residence
				  and lodging whether occupied or not, such as, single-family homes,
				  multi-family, apartments, townhouses, condominiums, and/or co-ops but excludes
				  any structure built for the temporary residence of a human such as hotels,
				  motels.
Readily Accessible Area
-areas that are
				  unobstructed and that are able to be reached and entered for visible
				  examination at the time of inspection. Readily accessible areas do not include
				  areas that are concealed by walls, ceilings, floor coverings, furniture,
				  appliances, equipment, or stored articles; and crawl spaces and attics
				  inaccessible due to openings too small to enter or without permanent ladders or
				  staircases or due to undecked areas.
Rule
-as defined in
				  R.S.
				  49:951(8).
Secretary
or
Secretary of the
				  Commission
- the assistant commissioner of Agricultural and
				  Environmental Sciences (assistant commissioner).
Ship Fumigation
- the fumigation of a vessel
				  capable of transporting or housing people and/or products. It is normally
				  self-powered and shall have a crew or living quarters.
Spot Treatment
(when used in reference to
				  termite control work)-a localized application of chemicals or other substances
				  to control, prevent or eradicate termites in a residence or other structure
				  that is not under a current contract.
Standard Contract-
see definition of
				  "contract" in this Section.
Structural Fumigation
-the fumigation by
				  covering or sealing churches, schools, homes or any other buildings in which
				  people are normally housed or work or is frequented by people. This also
				  includes the covering or sealing of small boats or ships under 100 feet.
Supervision
-see definition of
direct
				  supervision
in this Section.
Supplemental Treatment-
when used in
				  connection with termite work, "supplemental treatment" means a localized
				  application of chemicals or other substances and/or placement of baits to
				  control, prevent or eradicate termites in a residence or other structure that
				  is under a current contract.
Termites
-all species of the order
Isoptera
which infest timbers and/or other materials
				  containing cellulose in buildings and/or contents thereof, subdivided into two
				  groups according to their habits, as follows.
a.
Subterranean Termites
-all
				species of termites which make tubes, but not pellets, and normally require
				contact with soil; especially species of the genera
Reticulitermes
and
Coptotermes
.
b.
Dry-Wood Termites
-any of
				various termites that live and feed in dry wood without a soil connection and
				includes some which are destructive pests in domestic constructions, of the
				genera
Kalotermes
,
Cryptotermes
and
Incisitermes
.
Termiticide
-any substance applied to
				  buildings, wood products or soil for the treatment of termites.
Termiticide Treatment
-application of a
				  termiticide.
a.
Pre-Construction Treatment
-a termiticide treatment for
				subterranean termites made with a commission approved termiticide prior to the
				stage of construction where a slab or concrete is poured or piers are being
				built or placed into position. Borate treatments during any stage of
				construction shall be considered a pre-construction treatment.
b.
New-Construction
				Treatment
-a termiticide treatment made with any commission approved
				termiticide(s) or baiting system that meets minimum specification requirements
				for that type of treatment and which is applied or installed during or after
				the stage of construction where a slab or concrete is poured or piers are being
				built or placed into position and up to 12 months after completion of
				construction. New-construction treatments are to be made in accordance with the
				post-construction treatment section of termiticide labels.
c.
Post-Construction
				Treatment
- a termiticide treatment made with any commission approved
				termiticide(s), using the post construction section of a label, which is
				applied after the time frame of new-construction.
Vertebrate
-those pests, such as rodents,
				  bats and birds, belonging to the phylum vertebrata.
Violation
- any act which is prohibited by
				  the Act or any of these rules and regulations. Violations shall be classified
				  in accordance with degree of severity, as follows:
a.
Minor Violation
- any act
				prohibited by the Act or these rules and regulations which does not result in
				danger to human health or damage to personal property, including, but not
				limited to, clerical errors or failure to make timely reports to the
				commission;
b.
Moderate
				Violation
- any act of negligence in meeting the guarantees of an
				agreement for structural pest control work in the licensure phase where the
				violation occurs, such as failure to apply chemicals in accordance with label
				and labeling requirements and minimum specifications:
c.
Major Violation
- any act
				which may adversely affect human health and safety. Any act performed without
				having the proper permit, license, or registration; any intentional
				misrepresentation of any matter involved in or related to structural pest
				control work; or any false or misleading statement knowingly make in a
				wood-destroying insect report or any failure to timely pay any civil penalty
				imposed buy the commission or any failure to timely pay any fee collected by
				the department.
Wood Destroying Insect Report (WDIR)
-a
				  document approved by the Structural Pest Control Commission issued by a pest
				  control operator only for inspections made to determine the presence of wood
				  destroying insects for acts of sale or refinance of structures. A wood
				  destroying insect report shall not be renewable or issued for any other
				  purpose.