North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 34 - STRUCTURAL PEST CONTROL › Section .1100 - INSPECTION FEES › Section 34 .1102 - DESIGNATION OF DEVIATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				committee shall designate all deviations as either primary or secondary and
				shall notify each licensee and certified applicator of the
				designations.
(b) If a deviation is
				found by the Division, the Division shall notify the licensee or certified
				applicator responsible for the deviation on an inspection report or other
				form(s) prescribed by the committee. All deviations shall be corrected within
				30 days of written notice from the Division and the Division notified, in
				writing, when this has been accomplished. Failure of the licensee or certified
				applicator to correct all deviations within this 30-day period, is a ground for
				disciplinary action by the committee. The committee secretary may, upon written
				request and for good cause shown, extend the period for correcting such
				deviations.
(c) The following
				violations shall be considered primary deviations:
(1) Wood Destroying Organism control.
(A) Property owner or authorized agent not
				furnished a written agreement signed by licensee or his authorized agent before
				treatment is started and licensee does not have copy of said agreement. See
				Rule .0601 and .0605;
(B) Active
				subterranean termites present in any part of the building(s) when the
				building(s) was treated for subterranean termites using a conventional
				soil-applied termiticide and the treatment is covered by an agreement. This
				shall not include active subterranean termites found before the end of the 30
				day period starting from the original treatment date. An infestation shall be
				considered a secondary deviation if no other deviation caused or was a
				contributing factor to the infestation. See Rule .0101(a)(2) and (3);
(C) Active subterranean termites present in
				any part of the building(s) or on anything in contact with the building(s) when
				the building(s) was pre-treated for subterranean termites using a conventional
				soil-applied termiticide and the treatment is covered by an agreement. This
				shall not include active subterranean termites found before the end of the 30
				day period starting from the final treatment date. An infestation shall be
				considered a secondary deviation if no other deviation caused or was a
				contributing factor to the infestation. See Rule .0101(a)(2) and (3);
(D) Active subterranean termites present in
				any part of the building(s) or on anything in contact with the building(s) when
				the building(s) was treated using termite baits labeled for the protection of
				the entire structure and is covered by an agreement. This shall not include
				active subterranean termites found before the end of the one-year period
				starting from the original treatment date (the date the bait was installed). An
				infestation shall be considered a secondary deviation if no other deviation
				caused or was a contributing factor to the infestation. See Rule .0101(a)(2)
				and (3);
(E) The building provides
				no access opening to permit inspection of the basement or crawl space area, and
				the licensee has not furnished the property owner a waiver of this condition.
				See Rule .0503(a)(6), .0503(b)(3), and .0603(a).
(F) Multiple masonry foundation or bearing
				wall not drilled and property owner not furnished waiver of this condition. See
				Rule .0503(a)(6), .0503(b)(3) and .0603(a); and
(G) Concrete slab over dirt-filled area not
				drilled (through slab or through foundation wall of slab) and property owner
				not furnished waiver of this condition. See Rule .0503(a)(8), .0503 (b)(3) and
				.0603(a).