Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 7 - PESTICIDES › Subchapter H - STRUCTURAL PEST CONTROL SERVICE › Division 5 - TREATMENT STANDARDS › Section 7.174 - Wood Destroying Insect Treatment Disclosure Documents

Current through Reg. 49, No. 28; July 12,
					 2024
(a) As part of each
					 written estimate submitted for a subterranean termite, drywood termite, powder
					 post beetle, wood boring beetle, or related wood destroying insect (excluding
					 carpenter ants) treatment to a customer, the pest control business proposing
					 the treatment must present the prospective customer or designee with disclosure
					 documents. Verbal estimates may be provided to customers to advise of a general
					 range of treatment costs, but a written estimate must be provided before
					 beginning a treatment. Written estimates for termite and related wood
					 destroying insect treatments and treatment disclosure documents shall only be
					 made by licensed technicians or certified applicators licensed in the termite
					 category.
(b) Each subterranean
					 termite, drywood termite, powder post beetle, wood boring beetle, or related
					 wood destroying insect (excluding carpenter ants) treatment disclosure document
					 must include, but is not limited to:
(1) the
					 business name, address, phone number, TPCL number, and the date the written
					 estimate was submitted;
(2) the
					 address or physical location of the structure to be treated;
(3) a diagram or blueprint or building plat
					 and description of the structure or structures to be treated to include the
					 following:
(A) numerical perimeter
					 measurements of the entire structure as accurately as practical;
(B) areas of active or previous termite
					 activity;
(C) areas to be
					 treated;
(D) known wood destroying
					 insect activity;
(E) areas of
					 conditions conducive to infestation by wood destroying insects; and
(F) construction details and other
					 information about construction relevant to the treatment
					 proposal;
(4) a label for
					 any pesticide recommended or used. If a physical barrier is used, the
					 appropriate unit of measurement of the physical barrier must be recorded and a
					 diagram describing the installation must be provided;
(5) the complete details of the warranty
					 provided, if any;
(6) the signature
					 of approval on the disclosure documents by a certified applicator or licensed
					 technician in the termite category employed by the company making the
					 proposal;
(7) the concentration of
					 termiticide used or minimum number of bait stations to be installed;
(8) for subterranean termite post
					 construction treatments, the following statements and definitions in at least
					 8-point type:
(A) A termite treatment may be
					 a partial treatment or spot treatment using termiticide, approved physical
					 barriers, or a baiting system. These types of treatments are defined as
					 follows:
(i) Partial Treatments. This
					 technique allows a wide variety of treatment strategies but is more involved
					 than a spot treatment (see definition below). Ex.: treatment of some or all of
					 the perimeter, bath traps, expansion joints, stress cracks, portions of
					 framing, walls and bait locations.
(ii) Spot Treatments. Any treatment which
					 concerns a limited, defined area less than ten (10) linear or square feet that
					 is intended to protect a specific location or "spot." Often there are adjacent
					 areas that are susceptible to termite infestation which are not
					 treated.
(iii) Baiting Systems.
					 This type of treatment may include interior and/or perimeter placement of
					 monitoring or baiting systems along with routine inspection intervals. The
					 baiting technique may include one (1) or more locations as prescribed by the
					 product label and instructions.
(iv) Barriers. If a physical barrier is used,
					 the square footage of the physical barrier must be recorded and a diagram
					 describing the installation will be provided.
(B) The types of treatment defined may apply
					 to construction types as follows:
(i) Pier
					 and Beam. Treatment of the outer perimeter including porches, patios and
					 treatment of the attached garage. In the crawl space, treatment would include
					 any soil to structure contacts (piers and/or pipes).
(ii) Slab Construction. Treatment of the
					 perimeter and all known slab penetrations as well as any known expansion joints
					 or stress cracks.
(9) for all termite treatments the following
					 statement in at least 8-point type: For all treatments there will be a diagram
					 showing exactly what will be treated. Treatment specifications and warranties
					 for those treatments may vary widely. Review the pesticide label provided to
					 you for minimum treatment specification. If you have any questions, contact the
					 pest control company or the Texas Department of Agriculture, P.O. Box 12847,
					 Austin, Texas 78711-2847. Phone (866) 918-4481;
(10) for any pre-construction treatment, the
					 "Proper Pre-Construction Subterranean Termite Treatments - A Guide for Builders
					 and Consumers" guide, must be provided to the contractor or purchaser of the
					 pre-treatment service prior to the beginning of the treatment. The text and
					 format of the termite pre-treatment disclosure document is available on the
					 Structural Pest Control Service website at:
http://www.TexasAgriculture.gov/spcs
,
					 or by contacting the Texas Department of Agriculture at the address provided in
					 paragraph (9) of this subsection;
(11) for drywood termite, powder post beetle,
					 wood boring beetle, and other related wood destroying insect treatments the
					 following statements and definitions in at least 8-point type: A drywood
					 termite, powder post beetle, wood boring beetle, or other related wood
					 destroying insect treatment may be a full treatment or spot treatment. These
					 types of treatments are defined as follows:
(A) Full Treatment: A treatment to control
					 100% of the insect infestation by tarpaulin fumigation or appropriate sealing
					 method. A full treatment by fumigation is designed to eliminate every insect
					 colony. It should include the infested structure and all attached structures;
					 or
(B) Spot Treatment: Any
					 treatment less than a full treatment by tarpaulin fumigation. This treatment
					 should be considered only when a drywood termite, powder post beetle, wood
					 boring beetle or related insect infestation has a limited and defined area of
					 infestation. Adjacent areas susceptible to dry wood termite, powder post
					 beetle, wood boring beetle or related insect infestations are not treated.
					 Because of the nature of wood destroying insects, these untreated areas may
					 continue to harbor drywood termites, powder post beetle, wood boring beetle,
					 and related insects throughout the structure without
					 detection;
(12) a
					 consumer information sheet described in §
												7.147 of this chapter (relating to
					 Consumer Information Sheet; and
(13) The jurisdiction statement: "Licensed
					 and regulated by: Texas Department of Agriculture, P.O. Box 12847, Austin, TX
					 78711-2847, Phone (866) 918-4481, Fax (888) 232-2567."