Title BPC — California Bus. & Prof. Code

(a) A registered structural pest control company shall provide the owner, or owner’s agent, and tenant of the premises for which the work is to be done with clear written notice which contains the following statements and information using words with common and everyday meaning: …

(a) It is unlawful for any person to advertise, to engage in, or offer to engage in the business or practice of structural pest control, as defined in Section 8505, unless he or she is licensed under this chapter. (b) Notwithstanding subdivision (a), an unlicensed person may soli…

It is unlawful for any unlicensed person to perform fumigation with dangerous or lethal fumigating chemicals in any public structure, including rooming houses, or households when used as public structures, hotels, apartment houses, or any part thereof.

Except as provided in this chapter, an unlicensed individual in the employ of a registered company shall not apply any pesticides included in Branch 2 or Branch 3. However, an individual may, for 90 days from the date of employment, apply pesticides for the purposes of training u…

It is unlawful for any person to advertise or represent in any manner that any pest control work, in whole or in part, has been done upon any structure, unless the work has been performed by a registered company, except as otherwise provided in this chapter.

Any person who violates any provision of this chapter, or who conspires with another person to violate any provision of this chapter, is guilty of a misdemeanor, and is punishable by a fine of not less than fifty dollars ($50) nor more than five thousand dollars ($5,000), or by i…

No individual engaged in the business or acting in the capacity of an operator may bring or maintain an action in any court of this state for the collection of compensation for the performance of any act or contract without alleging and proving that he or she was a duly licensed …

This chapter does not apply to: (a) Public utilities operating under the regulations of the Public Utilities Commission, except to work performed upon property of the utilities not subject to the jurisdiction of the Public Utilities Commission or work done by the utility for hire…

(a) Licensed contractors acting in their capacity as such, may remove and replace any structure or portions of a structure damaged by wood destroying pests or organisms if that work is incidental to other work being performed on the structure involved or if that work has been ide…

No city, county, or city and county shall prohibit a person or group of persons, authorized by the board by a license, certificate, or other such means under this chapter to engage in a particular business, from engaging in that business, occupation, or profession or any portion …

(a) Licenses issued to operators, field representatives, or applicators shall be limited to the branch or branches of pest control for which the applicant has qualified by application and examination. (b) For the purpose of delimiting the type and character of work authorized by …

Any individual 18 years of age or over may apply for a license as an operator. The applicant shall possess the qualifications and be examined as hereinafter prescribed. The applicant shall apply to the board for the issuance of an operator’s license within one year of passing the…

(a) To obtain an original operator’s license, an applicant shall submit to the registrar an application containing the statement that the applicant desires the issuance of an operator’s license under the terms of this chapter. (b) The application shall be made on forms prescribed…

Any individual 18 years of age or over may apply for a license as field representative. The applicant shall possess the qualifications and be examined as hereinafter prescribed. The applicant shall apply to the board for the issuance of a field representative’s license within one…

(a) To obtain an original field representative’s license, an applicant shall submit to the registrar an application containing a statement that the applicant desires the issuance of a field representative’s license under the terms of this chapter. (b) The application shall be mad…

(a) Any individual 18 years of age or older may apply for a license as an applicator. (b) The board shall ascertain by written examination that an applicant for a license as applicator in Branch 2 or Branch 3 has sufficient knowledge in pesticide equipment, pesticide mixing and f…

(a) To obtain an original applicator’s license, an applicant shall submit to the registrar an application containing a statement that the applicant requests the issuance of an applicator’s license under the terms of this chapter. (b) The application shall be made on a form prescr…

The board shall ascertain by examination that an applicant for a license as operator is qualified in the use and understanding of all of the following: (a) The English language, including reading and writing. (b) The building and safety laws of the state and any of its political …

(a) An applicant for a Branch 1 operator’s license shall demonstrate to the board that he or she has passed satisfactorily board-approved courses in the following areas: (1) Pesticides. (2) Pest identification and biology. (3) Contract law. (4) Rules and regulations. (5) Business…

The board shall ascertain by examination that an applicant for a license as field representative is qualified in the use and understanding of the following: (a) The safety laws of the state, if the branch or branches of pest control for which he or she is applying, require that k…

An individual shall be permitted to hold only one license in the same branch at the same time. If an individual who holds an operator’s license requests to be licensed as a field representative or applicator, he or she may apply for a field representative’s license or applicator’…

(a) Should a field representative or applicator change his or her employment, or should an operator enter the employ of a registered company, or being already employed by a registered company change his or her employment, or being employed by a registered company leave that emplo…

After a hearing the board may deny a license or a company registration unless the applicant makes a showing satisfactory to the board that the applicant, if an individual, has not, or if the applicant is a company applying for a company registration, that its manager and each of …

In addition to the partner or other individual designated as the qualifying manager for a registered company which is organized as a partnership, if any of the company’s partners desire to actively engage in pest control on behalf of the partnership each shall be required to qual…

In addition to the officer or other individual designated as the qualifying manager for a registered company which is organized as an association or corporation, if any of the company’s other officers desire to actively engage in pest control in behalf of the association or corpo…

If the licensed operator who is designated as the qualifying manager for a registered company ceases for any reason whatsoever to be connected with the company, the company shall notify the registrar in writing within 10 days from such cessation. If the notice is given the regist…

(a) Notwithstanding any other provision of law, the board may, in its sole discretion, issue a probationary license to an applicant subject to terms and conditions deemed appropriate by the board, including, but not limited to, the following: (1) Continuing medical, psychiatric, …

(a) Except as otherwise provided herein, an operator’s, field representative’s, and applicator’s licenses shall expire at 12 midnight on June 30 of the third year from the date of issue. (b) An individual licensed in more than one category may request that each license expire on …

If delinquency in the payment of the fee for renewal of any license extends beyond three months, the license shall not be reinstated and the licensee shall be required to obtain a new license in accordance with the provisions of Article 4 (commencing with Section 8560).

Any licensee whose license is under suspension may make application for renewal of his or her license as provided in this article, but the board may not renew his or her license until the suspension has been lifted.

(a) The board shall require as a condition to the renewal of each operator’s and field representative’s license that the holder submit proof satisfactory to the board that they have informed themselves of developments in the field of pest control either by completion of courses o…

The board shall require as a condition to the renewal of each applicator’s license that the holder thereof submit proof satisfactory to the board that they have completed courses of continuing education in pesticide application and use approved by the board or equivalent activity…

Commencing July 1, 2016, a licensee shall comply with the training requirements of the Healthy Schools Act of 2000 (Article 4 (commencing with Section 17608) of Chapter 5 of Part 10.5 of Division 1 of Title 1 of the Education Code and Article 17 (commencing with Section 13180) of…

(a) Every company that engages in the practice of structural pest control, as a sole proprietorship, partnership, corporation, or other organization or any combination thereof, shall be registered with the Structural Pest Control Board. Each application for a company registration…

(a) Each branch office shall have a branch supervisor designated by the registered company to supervise and assist the company’s employees who are located at that branch. The branch supervisor shall be an individual who is licensed by the board as an operator or a field represent…

(a) The licenses of qualifying managers and company registrations shall be prominently displayed in the registered company’s office, and no registration issued hereunder shall authorize the company to do business except from the location for which the registration was issued. Eac…

A registered company which changes the location of its principal office or any branch office or which changes its qualifying manager, branch supervisor, officers, sole proprietors, partners, or its bond or insurance shall notify the registrar on a form prescribed by the board of …

The Director of Pesticide Regulation shall be designated by the board as its agent for the purposes of carrying out Section 8616.4. The board and the Department of Pesticide Regulation shall jointly develop a training program specifically relating to the various aspects of struct…

The Director of Pesticide Regulation shall designate county agricultural commissioners as his or her representatives to carry out the provisions of Sections 8616.5, 8616.7, and 8617. The Director of Pesticide Regulation shall enter into a contract specifying their responsibilitie…

(a) The county agricultural commissioner shall be the lead agency for inspections and routine investigations of pesticide use by the board licensees and registered companies, and of persons engaged in unlicensed structural pest control. When a matter is referred to the board for …

The Director of Pesticide Regulation shall be notified by the board when it determines that persons acting pursuant to Sections 8616 and 8616.4 have not fulfilled their responsibilities under this chapter in a specific county or counties. The notice to the Director of Pesticide R…

When a county agricultural commissioner is acting, pursuant to Section 8616.4, only the commissioner may conduct inspections and routine investigations pursuant to Section 8616.5 and take disciplinary action pursuant to Section 8617. Except as otherwise provided, nothing in this …

(a) If an employee is found during an inspection or investigation not wearing personal protective equipment required by label or regulation, the commissioner may refer the violation by the employer for statewide disciplinary action by the board or suspend the right of the employe…

(a) The board or county agricultural commissioners, when acting pursuant to Section 8616.4, may suspend the right of a structural pest control licensee or registered company to work in a county for up to three working days or, for a licensee, registered company, or an unlicensed …

Regulations adopted pursuant to Section 11503 of the Food and Agricultural Code are not applicable to this chapter.

Documents as specified by regulation must be maintained by all registered companies for three years.

(a) An inspection tag shall be posted whenever an inspection for wood destroying pests or organisms is made. (b) If the registered company completes any work with respect to wood destroying pests or organisms, it shall post a completion tag next to the inspection tag, unless both…

The board may upon its own motion, and shall upon verified complaint in writing of any person, investigate the actions of any individual acting as a licensee, or making application for a license. After a hearing, the board may temporarily suspend or permanently revoke a license i…

A complaint of any person against a nonlicensee, licensee, or registered company shall be filed with the board no later than two years after the act or omission alleged as the ground for disciplinary action or, in a matter involving fraud, gross negligence, or misrepresentation, …

(a) When a complaint is accepted for investigation of a registered company, the board, through an authorized representative, may inspect any or all properties on which a report has been issued pursuant to Section 8516 or a notice of completion has been issued pursuant to Section …