reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 34 - STRUCTURAL PEST CONTROL › Section .0500 - WOOD DESTROYING ORGANISMS › Section 34 .0506 - MIN REQUIRE/SUBTERRANEAN TERMITE PREV/COMMERCIAL BLDGS UNDER CONST

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All treatments performed for subterranean
				termite prevention in commercial buildings under construction shall be
				performed at the label recommended rate and concentration only.
(b) Licensees shall meet the following
				Minimum Treatment Requirements:
(1) Establish
				a vertical termiticide barrier in the soil by trenching or trenching and
				rodding along the inside of the main foundation wall; the entire perimeter of
				all multiple masonry chimney bases, pillars, pilasters, and piers; and both
				sides of partition or inner walls with a termiticide from the top of the grade
				to the bottom of the footing or a minimum depth of 30 inches, whichever is
				less. Where footings are exposed, treatment shall be performed adjacent to the
				footing but not below the bottom of the footing. The trench shall be no less
				than six inches in depth or to the bottom of the footing, whichever is less.
				Where drain tile, french drains, or other foundation drainage systems present a
				hazard of contamination outside the treatment zone, treatment shall be
				performed in a manner that will not introduce termiticide into the drainage
				system.
(2) After a building or
				structure has been completed and the excavation filled and leveled so that the
				final grade has been reached along the outside of the main foundation wall,
				establish a vertical termiticide barrier in the soil adjacent to the outside of
				the main foundation wall by trenching or trenching and rodding with a
				termiticide from the top of the grade to the top of the footing or to a minimum
				depth of 30 inches, whichever is less. Where footings are exposed, treatment
				shall be performed adjacent to the footing and not below the bottom of the
				footing. The trench shall be no less than six inches in depth or to the bottom
				of the footing, whichever is less. Where drain tile, french drains, or other
				foundation drainage systems present a hazard of contamination outside the
				treatment zone, treatment shall be performed in a manner that will not
				introduce termiticide into the drainage system.
(3) Establish a horizontal termiticide
				barrier in the soil within three feet of the main foundation, under slabs, such
				as patios, walkways, driveways, terraces, and gutters. The treatment shall be
				performed before slab is poured but after fill material or fill dirt has been
				spread.
(4) Establish a vertical
				termiticide barrier in the soil around all critical areas, such as expansion
				and construction joints and plumbing and utility conduits, at their point of
				penetration of the slab of floor, or for crawl space construction, at the point
				of contact with the soil.
(5) If
				concrete slabs are poured prior to treatment, treatment of slabs shall be
				performed as required by
				02 NCAC
				34 .0503(a) or
				(b).
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 34 - STRUCTURAL PEST CONTROL › Section .0500 - WOOD DESTROYING ORGANISMS › Section 34 .0507 - APPLICATION EQUIPMENT

Current through Register Vol. 39, No. 2, July 15, 2024
Effective July 1, 1998, all application equipment used to
				  apply pesticides for wood-destroying organisms, other than compressed air
				  sprayers of less than five-gallon capacity shall:
(1) have all hoses securely attached to the
				tank, pump, and other equipment components;
(2) be constructed so that the output
				pressure can be adjusted to meet the requirements of the pesticide being
				applied; and
(3) except for in-line
				injection systems, be equipped with a functional bypass flow agitation
				device.
Authority
				  G.S.
				  106-65.29;
Eff. July 1,
				  1998;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. November 22,
				  2018.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 34 - STRUCTURAL PEST CONTROL › Section .0500 - WOOD DESTROYING ORGANISMS › Section 34 .0508 - WOOD-DECAY FUNGI

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The following
				conditions shall be considered satisfactory evidence of and necessary
				conditions for an active wood-decay fungus infestation:
(1) Moisture content of the wood sufficient
				to support the growth of wood-decay fungus, as determined through the use of a
				moisture meter; and
(2) The
				presence of mycelial growth or characteristic damage from wood-decay
				fungi.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 34 - STRUCTURAL PEST CONTROL › Section .0500 - WOOD DESTROYING ORGANISMS › Section 34 .0509 - PHYSICAL BARRIERS FOR TERMITE CONTROL

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Physical barriers approved by the Structural Pest Control Committee may be used
				for the prevention or control of subterranean termites.
(b) Physical barriers shall be installed in
				accordance with the manufacturers' recommendations by personnel certified by
				the manufacturer, if required or recommended by the manufacturer, or
				specifically trained in the installation of the approved physical
				barrier.
(c) Where all possible
				subterranean termite entry points can be sealed with the approved physical
				barrier the subterranean termite treatment shall not be subject to
				2 NCAC
				34 .0503, for an existing structure, or
				2 NCAC
				34 .0505 or
				34 .0506 for new
				construction.
(d) Where it is not
				possible to seal all possible entry points with the physical barrier, all
				unsealed entry points shall be treated with termiticide in accordance with
				2 NCAC
				34 .0503,
				34 .0505 or
				34 .0506 as applicable; except
				that, such termiticide applications may be waived by the property owner on the
				Official NC Waiver of Minimum Requirements.
Authority
				  G.S.
				  106-65.29;
Eff. July 1,
				  2000;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. November 22,
				  2018.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 34 - STRUCTURAL PEST CONTROL › Section .0600 - WOOD DESTROYING ORGANISMS AGREEMENTS › Section 34 .0601 - AGREEMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Before any
				treatment is started, the licensee or his authorized agent shall execute, and
				furnish to the property owner or his authorized agent, a written proposal
				informing the property owner or his authorized agent, as to the type and
				quality of work that is to be performed. The written proposal shall contain
				that information specified in
				02 NCAC
				34 .0605 and, upon written acceptance by the
				property owner or authorized agent, shall suffice as the written agreement,
				required by Paragraph (b) of this Rule.
(b) The licensee or his authorized agent
				shall, within 14 days after beginning a treatment, offer to execute a written
				agreement with the property owner or his authorized agent in conformance with
				02 NCAC
				34 .0605. During the 14 day period, the
				Division will use the written proposal as its standard of enforcement.
				Following the 14 day period and in the absence of an executed written
				agreement, the Division will apply
				02 NCAC
				34 .0503,
				34 .0505 or
				34 .0506, as applicable, as its
				standard of enforcement.
Authority
				  G.S.
				  106-65.29;
Eff. July 1,
				  1976;
Readopted Eff. November 22, 1977;
Amended Eff.
				  August 1, 1980;
Temporary Amendment Eff. October 15, 1987 for a
				  Period of 180 Days to Expire on April 12, 1988;
Temporary Amendment
				  Expired Eff. January 19, 1988;
Amended Eff. August 1, 2002; August
				  3, 1992; January 1, 1989;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. November 22,
				  2018.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 34 - STRUCTURAL PEST CONTROL › Section .0600 - WOOD DESTROYING ORGANISMS AGREEMENTS › Section 34 .0602 - WOOD-DESTROYING INSECT AND OTHER ORGANISM REPORTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Any written statement as to the presence or absence of wood-destroying insects
				or organisms or their damage in buildings or structures for sale shall be on
				the Wood-Destroying Insect Information Report (WDIR 100). An incomplete or
				inaccurate WDIR-100 shall not be acceptable and the issuance of such a report
				is grounds for disciplinary action by the Committee. No WDIR-100 shall be
				issued before an inspection of the building or structure is made. Each WDIR-100
				issued by a licensee shall be kept in the files of said licensee and made
				available for inspection upon request of the Division.
(b) If during the inspection of a structure,
				a licensee or his or her authorized agent finds live subterranean termites or
				visible evidence of past or present infestation of subterranean termites such
				as tubes, damage, cast wings, infested wood scraps, or other cellulose
				materials, etc. in the structure and there is no visible evidence that said
				structure has been treated for subterranean termites, the licensee shall treat
				said structure for subterranean termites prior to the issuance of a WDIR-100 on
				the structure which states that the structure is free from subterranean
				termites or that a previous infestation is inactive.
(c) If a treatment is performed in
				conjunction with a WDIR-100, a copy of the written agreement and warranty, if
				any, shall be included with or attached to and become a part of the
				WDIR-100.
(d) A licensee, certified
				applicator, or registered technician shall not remove or destroy, or cause the
				removal or destruction of, any wood-destroying organism evidence discovered in,
				on, under, or in or on debris under a structure inspected pursuant to this Rule
				except as required by Paragraph (b) of this Rule.
Authority
				  G.S.
				  106-65.29;
Eff. July 1,
				  1976;
Readopted Eff. November 22, 1977;
Amended Eff.
				  August 3, 1992; September 1, 1987; August 1, 1980;
Temporary
				  Amendment Eff. January 10, 1997;
Temporary Expired Eff. October 31,
				  1997;
Amended Eff. July 1, 1998;
Readopted Eff. June 1,
				  2020.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 34 - STRUCTURAL PEST CONTROL › Section .0600 - WOOD DESTROYING ORGANISMS AGREEMENTS › Section 34 .0603 - WAIVERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) If there are
				any deviations or omissions from the minimum requirements for the control or
				prevention of wood-destroying organisms or pests, as set forth in these Rules,
				each deviation or omission shall be fully explained, in writing, prior to any
				work being done, on the waiver form(s) prescribed by the Committee.
(b) The waiver must be prepared in accordance
				with Rule .0601 of this Section and, upon written acceptance by the property
				owner, shall become a permanent part of the written agreement.
(c) An incomplete waiver form shall not be
				accepted. A retroactive waiver form may be accepted if mutually agreed upon by
				the structural pest control licensee and the homeowner.
Authority
				  G.S.
				  106-65.29;
Eff. July 1,
				  1976;
Readopted Eff. November 22, 1977;
Amended Eff.
				  August 1, 1980;
Temporary Amendment Eff. October 15, 1987 for a
				  Period of 180 Days to Expire on April 12, 1988;
Temporary Expired
				  Eff. January 19, 1988;
Amended Eff. November 2, 1992; January 1,
				  1989;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. November 22,
				  2018.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 34 - STRUCTURAL PEST CONTROL › Section .0600 - WOOD DESTROYING ORGANISMS AGREEMENTS › Section 34 .0604 - WOOD-DESTROYING ORGANISMS RECORDS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A
				duplicate of each written agreement and waiver (if applicable) for the control
				or prevention of any wood-destroying organism shall be kept by the licensee for
				a minimum of two years beyond the expiration date of the written agreement. The
				duplicate of each written agreement shall contain, in addition to the
				information specified under
				02 NCAC
				34 .0605, the following:
(1) EPA approved brand name of pesticide
				used;
(2) Names of all employees
				who applied pesticide;
(3)
				Information required by EPA;
(4)
				For restricted use pesticides, the concentration and approximate total volume
				of each pesticide applied. For restricted use pesticides, this information,
				along with the information required by Subparagraphs (a)(1) and (2)of this Rule
				shall also be included on the customer's copy of the written agreement;
				and
(5) In addition, for all
				treatments performed pursuant to
				02 NCAC
				34 .0505 or
				34 .0506, the following records
				shall be made and maintained:
(A) the date of
				each termiticide application;
(B)
				the portion or portions of the structure treated;
(C) the approximate volume of termiticide
				applied during each treatment; and
(D) the concentration at which the
				termiticide is applied.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 34 - STRUCTURAL PEST CONTROL › Section .0700 - HOUSEHOLD PESTICIDES › Section 34 .0701 - PRECAUTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Household pest
				control servicemen's kits which contain pesticides shall not be left where
				pets, domestic animals, children, or other unauthorized persons might remove,
				contact, or consume the contents.
(b) When "tamper-proof" or "tamper-resistant"
				bait stations are required by the label for acutely toxic rodenticidal baits,
				each bait station shall be locked and adequately marked with the skull and
				crossbones and the word "poison," both at least one inch high, and the name,
				address, and telephone number of the licensee, and name of the company the
				licensee represents.
(c) When
				"tamper-proof" or "tamper-resistant" bait stations are required by the label of
				rodenticides other than those in Paragraph (b) of this Rule, each bait station
				shall be marked with the EPA approved brand name and the signal word from the
				label.
Authority
				  G.S.
				  106-65.29;
Eff. July 1,
				  1976;
Readopted Eff. November 22, 1977;
Amended Eff.
				  July 1, 1998; January 1, 1989; August 1, 1980;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. November 22,
				  2018.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 34 - STRUCTURAL PEST CONTROL › Section .0700 - HOUSEHOLD PESTICIDES › Section 34 .0702 - HOUSEHOLD PEST CONTROL

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All fogging
				operations shall be conducted in accordance with the labeling of the pesticide
				applied.
(b) All space and residual
				pesticide applications for the purpose of controlling household pests shall be
				performed in accordance with the labeling of the pesticide applied.
(1) In areas where treatment is to be made,
				all open food or foodstuffs, or drug commodities and all utensils or equipment
				used in the preparation of food or drugs shall be adequately covered or removed
				before the application of space sprays, or complete, or spot surface residual
				sprays, to insure against contamination by pesticidal materials, except where
				such pesticidal materials are approved by EPA and State of North Carolina label
				registrations for use without such precautions.
(2) Space sprays, or complete surface
				residual sprays, shall not be applied unless the structure or that portion of
				the structure to be treated is free of occupants and pets during the treatment
				and subsequent ventilation period(s), except where such pesticidal materials
				are approved by EPA and State of North Carolina label registration for use
				without such precautions.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 34 - STRUCTURAL PEST CONTROL › Section .0700 - HOUSEHOLD PESTICIDES › Section 34 .0703 - WRITTEN RECORDS OF HOUSEHOLD PEST CONTROL

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Written records on the treatment for the control of all household pests shall
				be maintained by the licensee and made available for inspection at any time
				during regular business hours upon request from the Division. Such records
				shall include the following information:
(1)
				Name(s) and address(es) of the property owner(s) or his or her authorized
				representative(s);
(2) Name and
				address of company represented by the certified applicator or licensee or their
				authorized representatives and the license number of licensee responsible for
				the treatment;
(3) Address(es) of
				property(ies) treated, type(s) of treatment(s), and date(s) treatment(s)
				performed;
(4) Common name(s) of
				pest(s) to be controlled or covered by the initial agreement or any subsequent
				treatments;
(5) EPA approved brand
				name of pesticide used;
(6)
				Information required by EPA;
(7)
				Name of licensee, certified applicator, or registered technician making the
				application; and
(8) For
				"restricted use pesticides," as defined in
				G.S.
				106-65.24(21), the
				information required by Subparagraphs (a)(5), (a)(6), and (a)(7) of this Rule
				shall also be included on the customer's copy of the written agreement or
				service record.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 34 - STRUCTURAL PEST CONTROL › Section .0800 - FUMIGATION › Section 34 .0802 - DECLARING STRUCTURE SAFE FOR REOCCUPANCY

Current through Register Vol. 39, No. 2, July 15, 2024
The certified applicator or licensed structural pest control
				  operator in charge of the fumigation operation, shall not permit or allow any
				  unauthorized person or any domestic animal to enter or re-enter the structure
				  or enclosed space fumigated until he has personally checked said structure or
				  space with suitable gas-detecting equipment or monitoring device and found the
				  structure or enclosed space safe for occupancy by human beings and domestic
				  animals.
Authority
				  G.S.
				  106-65.29;
Eff. July 1,
				  1976;
Readopted Eff. November 22, 1977;
Amended Eff.
				  August 1, 1980;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. November 22,
				  2018.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 34 - STRUCTURAL PEST CONTROL › Section .0800 - FUMIGATION › Section 34 .0803 - WRITTEN RECORDS OF FUMIGATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Written records shall be maintained on all fumigation operations and be made
				available for inspection, upon request, by the enforcement agency or Committee
				anytime during regular business hours. Such records shall include the following
				information for each fumigation performed:
(1)
				Name(s) and address(es) of the property owner(s) or his authorized
				representative(s);
(2) Name and
				address of company represented by the licensee or certified applicator or their
				authorized representative and the license number of the licensee responsible
				for the treatment;
(3) Address of
				property(ies) to be fumigated;
(4)
				Common name(s) of pest(s) to be fumigated;
(5) EPA approved common name of fumigant
				used;
(6) EPA registration number
				of fumigant applied;
(7) If a
				restricted use pesticide is used, that information required by EPA;
(8) Total amount of fumigant
				applied;
(9) Name of licensee or
				certified applicator performing the fumigation;
(10) For restricted use pesticides, the
				information required by Subparagraphs (a)(5), (6), (8), and (9) of this Rule
				shall also be included on the customer's copy of the written agreement or
				service record;
(11) If the pest to
				be fumigated is a wood-destroying organism, all of
				02 NCAC
				34 .0605 shall be followed.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 34 - STRUCTURAL PEST CONTROL › Section .0800 - FUMIGATION › Section 34 .0804 - GENERAL FUMIGATION REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each
				general fumigation, fumigation, and fumigation operation shall be personally
				directed, supervised, and performed by a licensed fumigator or a person
				certified in fumigation.
(b) The
				certified applicator or the licensed fumigator shall be available and on call
				at all times during the fumigation period of each fumigation job in
				progress.
(c) The fumigants
				permitted in fumigation, general fumigations, and fumigation operations shall
				be one or more, either alone or in combination with those that have North
				Carolina State and/or federal label registration and shall be used only for the
				control of specific pests and manner of application stipulated on the label of
				the original fumigant container.
(d) The possession selection, usage,
				application, storage, and disposal of all fumigants and all fumigant containers
				shall be in conformity with all federal and North Carolina State laws and
				regulations, and particularly with manufacturer's recommendations, directions,
				and precautions as specifically set forth in registration labels.
Authority
				  G.S.
				  106-65.29;
Eff. July 1,
				  1976;
Readopted Eff. November 22, 1977;
Amended Eff.
				  August 1, 1980;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. November 22,
				  2018.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 34 - STRUCTURAL PEST CONTROL › Section .0800 - FUMIGATION › Section 34 .0805 - FUMIGATION REQUIREMENTS: SAFETY AND SAFETY EQUIPMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) It
				shall be the duty and responsibility of the certified applicator or the
				licensed fumigator in charge of the fumigation, general fumigation, and
				fumigation operation, to carry out the following:
(1) instruct each person working with
				fumigants to know the location, purpose, use and maintenance of personal
				protective equipment and when and how to use this equipment;
(2) instruct each employee and each guard
				assigned to fumigation work to report immediately to the certified applicator
				or licensed fumigator, any irregularities or emergencies beyond his
				control.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 34 - STRUCTURAL PEST CONTROL › Section .0800 - FUMIGATION › Section 34 .0806 - FUMIGATION REQUIREMENTS FOR FUMIGATION CREW

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A fumigation
				crew shall consist of not less than two individuals. One of said individuals
				shall be either a certified applicator or a licensed fumigator as defined in
				02 NCAC
				34 .0102, and the second individual shall be
				trained in fumigation.
(b) No
				fumigation operation shall be conducted unless and until at least two
				individuals, as specified in
				02 NCAC
				34 .0806(a) shall work
				together, jointly and concurrently, during release or application of the
				fumigant(s) and during initial ventilation of the structure(s)
				fumigated.
(c) At least two members
				of the fumigation crew shall be equipped with a serviceable respirator or
				self-contained breathing apparatus of a type approved by the United States
				Mining Enforcement and Safety Administration or National Institute for
				Occupational Safety and Health with correct canister for the type of gas used,
				and shall wear such masks while in the enclosed space during and after
				liberation of the fumigant, until initial ventilation is completed, except in
				those cases specifically excluded by label registration.
(d) For residential structures, no one other
				than the certified applicator or licensed fumigator shall be permitted to
				re-enter the fumigated structure(s) or premise(s) until the certified
				applicator or licensed fumigator shall have ascertained, by personal
				inspection, without a respirator and by suitable tests, that the structure(s)
				or premise(s) is safe for re-occupancy. For commercial structures, no one other
				than the certified applicator or licensed fumigator or a person trained in
				fumigation shall be permitted to re-enter the fumigated structure(s) or
				premise(s) until the certified applicator or licensed fumigator or a person
				trained in fumigation shall have ascertained, by personal inspection, without a
				respirator and by suitable tests, that the structure(s) or premise(s) is safe
				for re-occupancy.
(e) Requirements
				pertaining to spot fumigation are set forth under
				02 NCAC
				34 .0801.
Authority
				  G.S.
				  106-65.29;
Eff. July 1,
				  1976;
Readopted Eff. November 22, 1977;
Amended Eff.
				  August 1, 2002; January 1, 1989; August 1, 1980;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. November 22,
				  2018.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 34 - STRUCTURAL PEST CONTROL › Section .0800 - FUMIGATION › Section 34 .0807 - FUMIGATION NOTICES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each licensed
				fumigator, before performing fumigation on any residential structure, shall
				notify the Division in advance of the fumigation. Such notification must be
				received by the Division five days in advance of the fumigation. The committee,
				at its discretion, may require a pest control inspector to inspect the
				structure or premises to be fumigated in advance of the fumigation. The
				committee or its authorized agent may waive the five day advance notice period
				for an individual fumigation if after reviewing the circumstances it determines
				such action to be justifiable. The licensee or his authorized agent shall
				notify the Division in advance of any cancellation, or any change in the date
				of the fumigation. Failure of the licensee or his authorized agent to notify
				the Division as specified herein is grounds for disciplinary action by the
				committee.
(b) Each certified
				applicator or licensed fumigator, before performing fumigation in any structure
				or enclosed space, shall notify the police department and fire department
				having jurisdiction over the location where the fumigation operation is to be
				performed, and owners, owners-agents, and occupants of all dwellings and places
				of business within ten feet of the structure(s) or enclosed space(s) to be
				fumigated. In rural areas having no fire department, the office of the sheriff
				and county health departments having jurisdiction over the location where the
				fumigation operation is to be performed, shall be notified before performing
				fumigation. The information given in such notices shall in each and every case
				be as follows:
(1) name of certified
				applicator or licensed fumigator in charge of fumigation operation together
				with his day and night telephone numbers, if different;
(2) name and address of the company which the
				certified applicator or the licensed fumigator represents;
(3) location and/or address of structure(s)
				or enclosed space(s) to be fumigated as well as its character and
				use;
(4) name of fumigant
				used;
(5) date and time of the
				release of fumigant and approximate fumigation exposure period.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 34 - STRUCTURAL PEST CONTROL › Section .0800 - FUMIGATION › Section 34 .0809 - REPEALED - WARNING AGENT

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  106-65.29;
Eff. July 1,
				  1976;
Readopted Eff. November 22, 1977;
Repealed Eff.
				  August 1, 1980.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 34 - STRUCTURAL PEST CONTROL › Section .0800 - FUMIGATION › Section 34 .0810 - PRE-INSPECTIONS: WARNING NOTICES AND GUARDS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Immediately
				before the fumigant(s) is to be applied or introduced into a structure or
				enclosed space, the certified applicator or licensed fumigator, in charge of
				the fumigation operation shall make a final, personal inspection of the
				structure or enclosed space and shall ascertain the following:
(1) That all preparations have been
				completed;
(2) That no human being
				or domestic animal is present within the structure or enclosed space to be
				fumigated, or any adjacent structures or enclosed spaces that were to be
				vacated because of danger from the fumigation operation;
(3) That no open fires, open flames, pilot
				lights, or oil lamps are burning;
(4) That all personnel not engaged in the
				fumigation operation are outside the structure or enclosed space to be
				fumigated;
(5) That all known
				foods, drugs or other materials subject to contamination by the fumigation have
				been removed from the structure or enclosed space to be fumigated;
(6) That all doors, windows, and all other
				means of access to the structure or enclosed space, except exits to be used by
				the fumigation crew, have been locked or barred. Such exits shall be secured in
				like manner promptly after the fumigant has been released or introduced into
				the structure(s) or enclosed space(s); All doors and other entrances which can
				be opened from the outside shall be secured and the building, remain in the
				possession of the certified applicator or licensed fumigator in charge of the
				fumigation operation for the entire fumigation period;
(7) Rule .0810(a)(6) of this Section shall
				not apply to complete general fumigation performed by means of tents,
				tarpaulins or other complete sealing covers where there is a guard on duty, or
				to spot fumigation.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 34 - STRUCTURAL PEST CONTROL › Section .0800 - FUMIGATION › Section 34 .0811 - FINAL CLEARANCE INSPECTION

Current through Register Vol. 39, No. 2, July 15, 2024
The certified applicator or licensed fumigator in charge of
				  the fumigation operation, shall personally determine by sensory perception and
				  also using suitable gas-detecting or monitoring devices or other materials that
				  the entire structure(s) or enclosed space(s) fumigated, including beds, bedding
				  and other materials therein, have been ventilated sufficiently to permit safe
				  occupancy or reoccupancy of human beings and domestic animals. In no instance
				  shall ventilation or aeration time be less than that recommended by the
				  manufacturer of the fumigant on the registered label, fumigation manual,
				  technical fumigation literature or in the absence thereof, less than that
				  dictated by good industry fumigation practice.
Authority
				  G.S.
				  106-65.29;
Eff. July 1,
				  1976;
Readopted Eff. November 22, 1977;
Amended Eff.
				  August 1, 1980;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. November 22,
				  2018.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 34 - STRUCTURAL PEST CONTROL › Section .0800 - FUMIGATION › Section 34 .0812 - FUMIGATION REQUIREMENTS FOR VAULTS: TANKS: CHAMBERS: ETC

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each special room, vault, tank, chamber,
				or other similar structure being maintained or used for fumigation shall be so
				located, constructed, and ventilated that when in operation or being ventilated
				the chamber or said structure of similar design shall not constitute a danger
				to the health or life of human beings and domestic animals.
(b) Fumigation enclosures as set forth in
				this Rule shall be locked during the fumigation period.
(c) Each special room, vault, tank, chamber,
				or other similar structure shall be gas-tight. When any escape or leakage of a
				fumigant from a special room, vault, tank, chamber or other similar structure
				is discovered, no further fumigation operations shall be conducted, unless and
				until such escape or leakage of said fumigant from such structure shall be
				properly and effectively corrected.
(d) A permanent warning notice of the same
				designed specified in Rule .0810(b) of this Section shall be securely and
				conspicuously attached on the outside of every door or other entrance to said
				special room, vault, tank, chamber, or other similar structure.
(e) No guard, watchman or official notice of
				fumigation shall be necessary when fumigation is conducted in special rooms,
				vaults, tanks, chambers, or structures of similar design, provided all other
				applicable precautionary measures and requirements are observed.
Authority
				  G.S.
				  106-65.29;
Eff. July 1,
				  1976;
Readopted Eff. November 22, 1977;
Amended Eff.
				  August 1, 1980;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. November 22,
				  2018.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 34 - STRUCTURAL PEST CONTROL › Section .0900 - DUTIES AND RESPONSIBILITIES OF LICENSEE › Section 34 .0901 - BONDS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) For the purpose of these rules and
				regulations, a bond shall mean any written instrument issued or executed by a
				bonding, surety, or insurance company, licensed to do business in the State of
				North Carolina, or a cash bond or any other security approved by the committee,
				guaranteeing the fulfillment of the agreement between the licensee or business
				entity and his customer.
(b) While
				the State of North Carolina does not require that termite control, or other
				structural pest control services, be covered by a bond, if the licensee
				advertises or otherwise represents himself or the company which he operates, as
				being bonded, the bond so advertised shall, in fact, be in force.
(c) Any licensee or business entity
				advertising to be bonded shall advise each customer, in writing, in the
				proposal, whether or not the contract or written agreement will be covered by a
				bond of any type.
(d) If the
				performance of the work is guaranteed by a bond, the obligation of the bond
				shall set forth specifically such items as: necessary retreatments, timber
				replacements, etc., in wording identical to that in the bond itself.
Authority
				  G.S.
				  106-65.29;
Eff. July 1,
				  1976;
Readopted Eff. November 22, 1977;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. November 22,
				  2018.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 34 - STRUCTURAL PEST CONTROL › Section .0900 - DUTIES AND RESPONSIBILITIES OF LICENSEE › Section 34 .0902 - FINANCIAL RESPONSIBILITY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A
				licensee shall obtain and maintain financial responsibility in the form of a
				general liability insurance policy which covers operations in progress and
				completed operations. The insurance policy must provide coverage for all
				employees that work for the licensee. If an insurance policy is issued to a
				structural pest control company that employs more than one licensee and the
				policy otherwise meets the standard set forth in this Rule, all licensees
				employed by the structural pest control company will be deemed to have
				insurance.
(b) The insurance policy
				required in Paragraph (a) of this Rule must provide the following minimum
				coverage:
(1) Single limit
Property Damage $100,000 Each Occurrence
Bodily Injury $300,000 Each Occurrence
(2) Combined single limit $300,000 Each
				Occurrence
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 34 - STRUCTURAL PEST CONTROL › Section .0900 - DUTIES AND RESPONSIBILITIES OF LICENSEE › Section 34 .0903 - DUTIES AND RESPONSIBILITIES OF LICENSEE

Current through Register Vol. 39, No. 2, July 15, 2024
If a structural pest control operator licensed under the
				  provisions of
				  G.S.
				  106-65.25(a), to wit:
(1) for the control of wood-destroying
				organisms, or
(2) for the control
				of household pests, or
(3)
				fumigation,
has his license revoked or fails to renew his license while
				  he has contracts or written agreements for which he has been paid, he and the
				  company with which he was working shall be responsible for the fulfillment of
				  said contracts or written agreements without additional remuneration. A list of
				  all such contracts or written agreements shall be filed with the secretary of
				  the committee within 30 days of date of revocation of license or by October 1,
				  in case a license is not renewed.
Authority
				  G.S.
				  106-65.29;
Eff. July 1,
				  1976;
Readopted Eff. November 22, 1977;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. November 22,
				  2018.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 34 - STRUCTURAL PEST CONTROL › Section .1000 - TIME FOR FILING COMPLAINTS › Section 34 .1001 - TIME FOR FILING COMPLAINTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) No
				disciplinary action shall be commenced against a licensee, employee of a
				licensee or certified applicator for any violation of these Rules, except those
				violations specified in Paragraph (b) of this Rule, after two years from the
				act or omission.
(b) With respect
				to disciplinary action alleging a violation of
				G.S.
				106-65.28(a)(1), (2), (4), (7), (8) or
				(11), no disciplinary action shall be
				commenced against a licensee, employee of a licensee or certified applicator
				after two years from the date of discovery by the Division of the alleged
				violation.
Authority
				  G.S.
				  106-65.29;
Eff. July 1,
				  1976;
Readopted Eff. November 22, 1977;
Amended Eff.
				  August 3, 1992; January 1, 1989;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. November 22,
				  2018.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 34 - STRUCTURAL PEST CONTROL › Section .1000 - TIME FOR FILING COMPLAINTS › Section 34 .1002 - JURISDICTION

Current through Register Vol. 39, No. 2, July 15, 2024
The lapsing of a North Carolina State certified applicator's
				  identification card or structural pest control license by operation of law or
				  the voluntary surrender of a certified applicator's identification card by a
				  certified applicator or a structural pest control license by a licensee shall
				  not deprive the committee of jurisdiction to proceed with an investigation or
				  disciplinary proceedings against such certified applicator or licensee, or to
				  render a decision suspending or revoking such applicator's identification card
				  or license.
Authority
				  G.S.
				  106-65.29;
Eff. July 1,
				  1976;
Readopted Eff. November 22, 1977;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. November 22,
				  2018.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 34 - STRUCTURAL PEST CONTROL › Section .1000 - TIME FOR FILING COMPLAINTS › Section 34 .1003 - REPEALED - INSANITY OR MENTAL ILLNESS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  106-65.29;
Eff. July 1,
				  1976;
Readopted Eff. November 22, 1977;
Repealed Eff.
				  August 1, 1980.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 34 - STRUCTURAL PEST CONTROL › Section .1000 - TIME FOR FILING COMPLAINTS › Section 34 .1004 - PROHIBITION AGAINST ASSOCIATION OF SUSPENDED OPERATOR

Current through Register Vol. 39, No. 2, July 15, 2024
Any person who has been denied a license, certified
				  applicator's identification card or registered technician's identification card
				  for any of the reasons specified in
				  G.S.
				  106-65.26(d) and/or
				  G.S.
				  106-65.31(b), or who has had
				  his license, certified applicator's identification card or registered
				  technician's identification card revoked, or whose license, certified
				  applicator's identification card or registered technician's identification card
				  is under suspension under the provisions of
				  G.S.
				  106-65.28, or while acting as a member,
				  officer, director, associate or employee of any structural pest control
				  partnership, corporation, firm or association participating in any of the
				  prohibited acts of these Rules or the Structural Pest Control Law for which the
				  license, certified applicator's identification card or registered technician's
				  identification card was denied, suspended or revoked, shall be prohibited from
				  participating in any phase of structural pest control work covered by said
				  suspended or revoked license or card.
Authority
				  G.S.
				  106-65.29;
Eff. July 1,
				  1976;
Readopted Eff. November 22, 1977;
Amended Eff.
				  January 1, 1991; August 1, 1980;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. November 22,
				  2018.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 34 - STRUCTURAL PEST CONTROL › Section .1100 - INSPECTION FEES › Section 34 .1101 - RIGHTS OF ENFORCEMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The enforcement
				agency and the member of the Attorney General's staff assigned to the Committee
				shall have, during regular business hours, the right to see, examine, and
				inspect those records, chemicals, and such equipment as may be deemed necessary
				to the structural pest control operations of said person within the provisions
				of these Rules and Regulations and the Structural Pest Control Law.
(b) The enforcement agency or any member of
				the Committee may in its discretion inspect any properties treated by
				structural pest control licensees or certified applicators for pests for the
				purpose of determining the efficiency of the remedial measures applied and to
				determine if treatment(s) comply with the requirements set forth in these Rules
				and Regulations.
(c) When requested
				by the Division or Committee, the licensee or certified applicator shall
				furnish for analyses, sufficient samples of pesticides or other chemicals used
				in treating for structural pests and shall provide copies, or allow the
				copying, of such records as may be deemed necessary by the Division or
				Committee to document the use or application of pesticides or performance of
				work within the provisions of these Rules and the Structural Pest Control
				Law.
Authority
				  G.S.
				  106-65.29;
Eff. July 1,
				  1976;
Readopted Eff. November 22, 1977;
Amended Eff.
				  July 1, 1998;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. November 22,
				  2018.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 34 - STRUCTURAL PEST CONTROL › Section .1200 - ADMINISTRATIVE HEARINGS: CONTESTED CASES › Section 34 .1201 - NOTICE OF HEARING; ANSWER

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The contents
				and manner of service of notice of hearing in contested cases shall be as
				prescribed in
				G.S.
				150B-38(b) and
				(c).
(b) Any party who has been served with notice
				of hearing may file a written response as prescribed in
				G.S.
				150B-38(d).
Authority
				  G.S.
				  106-65.29;
				  150B-38;
Eff. May 1,
				  1992;
Amended Eff. August 3, 1992;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. November 22,
				  2018.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 34 - STRUCTURAL PEST CONTROL › Section .1200 - ADMINISTRATIVE HEARINGS: CONTESTED CASES › Section 34 .1202 - RIGHT TO HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Contested
				Cases. Disciplinary proceedings to enforce the provisions of the North Carolina
				Structural Pest Control Law and
				2 NCAC
				34 are deemed to be "contested cases" within
				the meaning of
				G.S.
				150B-2, and any person subject to such
				proceedings shall be given notice and the opportunity to be heard.
(b) Summary Suspension. Nothing within
				Paragraph (a) of this Rule shall abridge the right of the Committee to
				summarily suspend a license, a certified applicator's card or a registered
				technician's identification card prior to hearing pursuant to
				G.S.
				150B-3(c).
Authority
				  G.S.
				  106-65.29;
				  150B-38;
Eff. May 1,
				  1992;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. November 22,
				  2018.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 34 - STRUCTURAL PEST CONTROL › Section .1200 - ADMINISTRATIVE HEARINGS: CONTESTED CASES › Section 34 .1203 - LOCATION OF HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
The location of the hearing in a contested case shall be as
				  prescribed in
				  G.S.
				  150B-38(e).
Authority
				  G.S.
				  106-65.29;
				  150B-38;
Eff. May 1,
				  1992;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. November 22,
				  2018.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 34 - STRUCTURAL PEST CONTROL › Section .1200 - ADMINISTRATIVE HEARINGS: CONTESTED CASES › Section 34 .1204 - DISCOVERY; INTERVENTION; SUBPOENAS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Parties in a contested case may engage in discovery pursuant to the provisions
				of the Rules of Civil Procedure,
				G.S.
				1A-1.
(b) The intervention of persons not initially
				parties to a contested case is governed by
				G.S.
				150B-38(f). Petitions or
				motions to intervene must be in writing. The Committee shall promptly determine
				whether to grant or deny intervention and shall so notify the petitioner and
				all parties in writing.
(c) The
				authority of the Committee to issue or revoke subpoenas in preparation for, or
				in the conduct of, contested cases is governed by
				G.S.
				150B-39. If a subpoena is issued at the
				request of a party and not on the Committee's own motion, that party shall bear
				the cost of service.
Authority
				  G.S.
				  106-65.29;
				  150B-38;
Eff. May 1,
				  1992;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. November 22,
				  2018.