32 sections in this chapter.
Chapter 1. Structural Pest Control Commission-101 Definitions
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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. 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:…
Chapter 1. Structural Pest Control Commission-103 Administration of the Affairs of the Commission; Adoption of Rules and Regulations
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A. As provided by R.S. 3:3364, the commissioner or his designee shall serve as permanent chairman of the commission. B. The assistant commissioner shall serve as secretary of the commission. C. In the absence of the chairman, the secretary shall preside at meetings of the commiss…
Chapter 1. Structural Pest Control Commission-105 Permit for Operation of Structural Pest Control Business; Changes in Structural Pest Control Business
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A. Every place of business engaged in structural pest control work shall: 1. obtain a permit for operation from the commission prior to engaging in structural pest control work. 2. provide a certificate of insurance on a document provided by the department including but not limit…
Chapter 1. Structural Pest Control Commission-107 License to Engage in Structural Pest Control Work Required
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A. No person shall perform structural pest control work until licensed and permitted to do so by the commission. B. Each applicant for license shall possess one of the following qualifications in order to take the examination(s): 1. general pest control commercial vertebrate cont…
Chapter 1. Structural Pest Control Commission-109 Application for Examination; Contents of Application
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A. An application for examination for licensure may be made at any time by filing a complete application, on forms provided by the commission. B. A complete application for examination shall be filed in the commission office. C. Each applicant for examination shall pay a nonrefun…
Chapter 1. Structural Pest Control Commission-113 D. The primary licensee shall be responsible for training the employee in the kind of work which he will perform. The training shall occur annually and meet or exceed the requirements set forth in 40 CFR 171.201.
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D. The primary licensee shall be responsible for training the employee in the kind of work which he will perform. The training shall occur annually and meet or exceed the requirements set forth in 40 CFR 171.201. E. Maintenance of a commercial applicator certification by a licens…
Chapter 1. Structural Pest Control Commission-115 Certified WDIR Technician
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A. Requirements of a Certified WDIR technician, prior to conducting WDIR inspections, are as follows: 1. shall be registered as a termite technician; and 2. complete department approved WDIR training; and 3. pass WDIR technician test with a score of 70 or greater. ; and 4. pay th…
Chapter 1. Structural Pest Control Commission-117 Obligations of the Licensee/Permittee
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A. The permittee or the primary licensee shall keep the bond and general liability insurance required under §107.F in full force and effect at all times. B. The permittee or the primary licensee shall renew the permit for operation for each business location annually prior to Jun…
Chapter 1. Structural Pest Control Commission-119 Contracts for Termite Control Work
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A. The permittee or licensee shall enter into a written contract for termite control work with the property owner/agent employing him. The contract shall: 1. be in a form provided or approved by the commission; 2. guarantee performance for a period of not less than 1 year after t…
Chapter 1. Structural Pest Control Commission-121 Wood Destroying Insect Report
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A. A wood destroying insect report approved by the commission shall be issued only for inspections made to determine the presence of wood destroying insects for acts of sale or refinance of structures. 1. A wood destroying insect report shall not be renewable or issued for any ot…
Chapter 1. Structural Pest Control Commission-123 Change in Status of Licensee
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A. Any change in a licensee's status (e.g., death, retirement, prolonged illness, merger of companies, sale, change of ownership, etc.) shall be reported to the department, in writing, within 14 days after the change in status occurs by the permittee or primary licensee. B. When …
Chapter 1. Structural Pest Control Commission-125 Inactive Status of License
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A. Upon written notice to the commission, any licensee may place his license on inactive status during any period of time when he will not be directly engaged in pest control work. B. Notice to the commission shall include the period for which inactive status is requested and any…
Chapter 1. Structural Pest Control Commission-126 Enforcement
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A. Stop Orders 1. An alleged violator of Structural Pest Control laws, rules, and regulations may be issued a written stop order to prevent possible future violations from occurring. 2. Enforcement of an issued stop order is not affected by failure to sign or accept. If an allege…
Chapter 1. Structural Pest Control Commission-127 I. The licensee/registered employee may continue to work during any period of probationary status.
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I. The licensee/registered employee may continue to work during any period of probationary status. J. The commission may place a licensee/registered employee on probationary status for one phase of pest control work for which he is licensed/registered without effect upon any othe…
Chapter 1. Structural Pest Control Commission-129 Probationary Status of Licensee/Registered Employee
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A. A license or registration certification may be placed on probationary status only upon the affirmative vote of three members of the commission at an adjudicatory proceeding noticed and conducted as required under
Chapter 1. Structural Pest Control Commission-131 Suspension/Revocation of License/Registration
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A. A license/registration may be suspended/revoked by the commission: 1. only upon the unanimous vote of the commission; and 2. only for a violation of the Act or these rules and regulations sustained before the commission in an adjudicatory proceeding noticed and conducted as re…
Chapter 1. Structural Pest Control Commission-133 Inspection, Taking of Samples
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A. During the course of their inspections, inspectors employed by the commission may take soil samples and/or chemical samples of tank mixes and/or rodenticide. B. Soil and chemical samples shall be properly marked to preserve a chain of custody record and shall be submitted to t…
Chapter 1. Structural Pest Control Commission-135 Prohibitions
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A. A pest control operator shall not engage in any phase of structural pest control work for which he is not specifically licensed by the commission. B. No person engaged in the sale of products for the eradication of household pests or wood-destroying insects shall demonstrate s…
Chapter 1. Structural Pest Control Commission-137 Exceptions
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A. These rules and regulations do not apply to the application of pesticides for the control of agricultural pests. B. These rules and regulations do not apply to any person, firm, partnership, corporation, association or other organization or combination thereof engaged in the m…
Chapter 1. Structural Pest Control Commission-139 Complaints against Pest Control Operators
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A. Any citizen may file a complaint in writing against any pest control operator by contacting the commission’s office. B. Upon receipt of a written complaint, the commission staff shall: 1. conduct an investigation of the incident involved in the complaint; and 2. inform the pes…
Chapter 1. Structural Pest Control Commission-141 Minimum Specifications for Termite Control Work
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A. All labels for products used for termite control work shall be registered by the EPA and the department and shall be approved by the commission prior to their use. 1. The department shall issue a listing of product labels approved by the commission for termite control work. Th…
Chapter 1. Structural Pest Control Commission-143 Termiticide Foam Applications
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A. Termiticide foam applications may be used as a supplemental treatment to approved liquid applications on treatments for the control, prevention or eradication of termites and other wood destroying insects.
Chapter 1. Structural Pest Control Commission-147 Fumigation
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A. General 1. This rule governs all fumigation of residential and commercial structures, ships, railcars, trucks, commodity containers and vaults within the state of Louisiana, including ships at anchor in rivers within the borders of Louisiana and ships at anchor within a 3-mile…
Chapter 1. Structural Pest Control Commission-149 Repeal of Prior Rules and Regulations of the Commission
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A. Upon promulgation of these rules and regulations, all rules and regulations of the commission adopted prior to the effective date of these rules and regulations shall be repealed.
Chapter 1. Structural Pest Control Commission-151 General Requirements for Pesticide Waste
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A. All permittees, licensees, or registered persons shall implement a containment system for reuse or apply a pesticide waste immediately to a site of application per label and labeling. B. Handling Spills by Applicators 1. All spills of more than 1 gallon liquid or 4 pounds dry …
Chapter 1. Structural Pest Control Commission-153 Handling of Pesticide Containers by Structural Pest Control Operators
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A. Storage Areas for Full or Partially Full Pesticides Containers 1. Pesticide containers shall be stored in a secure enclosure. 2. Pesticide containers shall be free of leaks. 3. The storage area shall be maintained in good condition, without unnecessary debris. B. Transportatio…
Chapter 1. Structural Pest Control Commission-155 Rinsate from Pesticide Containers
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A. Pesticide containers shall be cleaned and disposed of according to the product label. B. Pesticide containers, ready for disposal, shall be stored in a secured area and shall be kept for no more than 90 days or 180 days if held for recycling. C. Rinsate from pesticide containe…
Chapter 1. Structural Pest Control Commission-157 Containment Structures
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A. Containment structures shall meet all of the following requirements: 1. shall be constructed of steel, reinforced concrete or other rigid material capable of withstanding the full hydrostatic head and load of any substances, equipment and appurtenances placed on the structure;…
Chapter 1. Structural Pest Control Commission-159 Containment Pads
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A. Existing containment pads shall: 1. intercept leaks and spills; and 2. have enough surface area to extend under containers on it; and 3. accommodate at least the portion of the vehicle where the hose or device couples to it, for transport vehicles delivering pesticide; and 4. …
Chapter 1. Structural Pest Control Commission-163 Donation of Structural Pest Control Work
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A. Structural pest control operators licensed by the commission may donate, in accordance with this Section, structural pest control work to eligible individuals or organizations who otherwise could not afford such services in order to improve living conditions and their quality …
Chapter 1. Structural Pest Control Commission-165 Requests for Adoption, Amendment, or Repeal of a Rule
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A. Any interested person may, pursuant to R.S. 49:964, request the commission to adopt, amend, or repeal a rule (rule change) that the commission has the authority to make. B. A request for a rule change shall be in writing and shall contain the following information: 1. a draft …
Chapter 1. Structural Pest Control Commission-167 Procedure for Declaratory Orders and Rulings
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A. This rule provides for the filing and prompt disposition of requests for declaratory orders and rulings as to the applicability of any statutory provision or as to the applicability of any rule or order of the commission, as required by R.S. 49:977.4 and 49:968(D). B. A reques…