North Carolina Administrative Code

02 NCAC 34 .0407 STORAGE REQUIREMENTS FOR PESTICIDES (a) Pesticides shall be stored to prevent leaking. (b) Pesticides shall be stored to facilitate inspections by the Division. (c) Pesticides shall be stored in labeled containers. The following information shall be clearly and p…

02 NCAC 34 .0408 STORAGE REQUIREMENTS FOR RESTRICTED USE PESTICIDES (a) In addition to the storage requirements set forth in Rule .0407 of this Section, restricted use pesticides shall be stored in accordance with the requirements set forth in this Rule. (b) Restricted use pestic…

section .0500 - WOOD-DESTROYING ORGANISMS 02 ncac 34 .0501 WOOD-DESTROYING INSECTS: EXCLUDING SUBTERRANEAN TERMITES (a) Determining Active Infestations of Wood-Destroying Beetles. The licensee, certified applicator, or his or her representative(s) making the inspection for wood-d…

02 NCAC 34 .0502 PESTICIDES FOR SUBTERRANEAN TERMITE PREVENTION AND/OR CONTROL (a) Only those products which bear an EPA-approved label for such use and for which the Committee has received the following information from the Pesticide Registrant or Manufacturer shall be used for …

02 NCAC 34 .0503 SUBTERRANEAN TERMITE CONTROL: BUILDINGS AFTER CONstruction (a) The following standards and requirements apply to the treatment of a building for subterranean termite control after construction if the building has a basement or crawl space: (1) Access openings sha…

02 NCAC 34 .0504 REPORTING DAMAGE: INFESTATION: UNINSPECTED AREAS (a) When inspecting for wood-destroying insects or wood-decay organisms or both, all wood members of a structure which can be ascertained by visual inspection to be damaged shall be brought to the attention of the …

02 NCAC 34 .0505 SUBTERRANEAN TERMITE PREVENTION/RES BLDGS UNDER CONST (a) All treatments performed pursuant to this Rule shall only be performed at the label recommended rate and concentration. (b) The following standards and requirements shall apply to the treatment of a buildi…

02 NCAC 34 .0506 mIN REQUIRE/SUBTERRANEAN TERMITE PREV/COMMERCIAL BLDGS UNDER CONST (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 s…

02 NCAC 34 .0507 APPLICATION EQUIPMENT 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…

02 NCAC 34 .0508 WOOD-DECAY FUNGI (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 …

02 NCAC 34 .0509 PHYSICAL BARRIERS FOR TERMITE CONTROL (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' recomm…

SECTION .0600 - WOOD-DESTROYING ORGANISMS AGREEMENTS 02 ncac 34 .0601 AGREEMENTS (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 …

02 NCAC 34 .0602 WOOD-DESTROYING INSECT AND OTHER ORGANISM REPORTS (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 1…

02 NCAC 34 .0603 WAIVERS (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…

02 NCAC 34 .0604 WOOD-DESTROYING ORGANISMS RECORDS (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…

02 NCAC 34 .0605 CONTRACTUAL AGREEMENTS FOR WOOD-DESTROYING ORGANISMS (a) All agreements for the control or prevention of wood-destroying organisms in existing structures shall be in writing and shall include the following: (1) Date property was inspected and full name of the ins…

SECTION .0700 - HOUSEHOLD PESTICIDES 02 ncac 34 .0701 PRECAUTIONS (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…

02 NCAC 34 .0702 HOUSEHOLD PEST CONTROL (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 t…

02 NCAC 34 .0703 WRITTEN RECORDS OF HOUSEHOLD PEST CONTROL (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 Structural …

SECTION .0800 - FUMIGATION 02 NCAC 34 .0801 SPOT FUMIGATION REQUIREMENTS (a) Any pesticide, used as a spot fumigant in gassing rodents, shall not be considered a fumigant under the provisions of these rules and regulations, provided that the pesticide shall be applied in such min…

02 NCAC 34 .0802 DECLARING STRUCTURE SAFE FOR REOCCUPANCY 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 en…

02 NCAC 34 .0803 WRITTEN RECORDS OF FUMIGATION (a) Written records shall be maintained on all fumigation operations and be made available for inspection, upon request, by the enforcement agency or Structural Pest Control Committee anytime during regular business hours. Such recor…

02 NCAC 34 .0804 GENERAL FUMIGATION REQUIREMENTS (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 fum…

02 NCAC 34 .0805 FUMIGATION REQUIREMENTS: SAFETY AND SAFETY EQUIPMENT (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) instr…

02 NCAC 34 .0806 FUMIGATION REQUIREMENTS FOR FUMIGATION CREW (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 shal…

02 NCAC 34 .0807 FUMIGATION NOTICES (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 commi…

02 NCAC 34 .0808 FUMIGATION APPLICATION (a) The dwelling or place of business to be fumigated and all parts thereof shall be vacated by human beings and domestic animals during the fumigation operation. In addition, dwellings or enclosed spaces which are physically joined to or i…

02 NCAC 34 .0809 WARNING AGENT History Note: Authority G.S. 106-65.29; Eff. July 1, 1976; Readopted Eff. November 22, 1977; Repealed Eff. August 1, 1980.

02 NCAC 34 .0810 PRE-INSPECTIONS: WARNING NOTICES AND GUARDS (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, persona…

02 NCAC 34 .0811 FINAL CLEARANCE INSPECTION 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 struct…

02 NCAC 34 .0812 FUMIGATION REQUIREMENTS FOR VAULTS: TANKS: CHAMBERS: ETC. (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 t…

SECTION .0900 - DUTIES AND RESPONSIBILITIES OF LICENSEE 02 ncac 34 .0901 BONDS (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…

02 NCAC 34 .0902 FINANCIAL RESPONSIBILITY (a) A licensee shall obtain and maintain a general liability insurance policy which covers structural pest control operations in progress and completed structural pest control operations. The insurance policy must provide coverage for all…

02 NCAC 34 .0903 DUTIES AND RESPONSIBILITIES OF LICENSEE 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 licen…

02 NCAC 34 .0904 PROHIBITED ACTS (a) No reference shall be made by any certified applicator, licensee, Structural Pest Control business establishment, or Structural Pest Control business entity in any form of advertising that would indicate approval, endorsement, or recommendatio…

SECTION .1000 - TIME FOR FILING COMPLAINTS 02 NCAC 34 .1001 TIME FOR FILING COMPLAINTS (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…

02 NCAC 34 .1002 JURISDICTION 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 structur…

02 NCAC 34 .1003 INSANITY OR MENTAL ILLNESS History Note: Authority G.S. 106-65.29; Eff. July 1, 1976; Readopted Eff. November 22, 1977; Repealed Eff. August 1, 1980.

02 NCAC 34 .1004 PROHIBITION AGAINST ASSOCIATION OF SUSPENDED OPERATOR 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…

SECTION .1100 - INSPECTION FEES 02 NCAC 34 .1101 RIGHTS OF ENFORCEMENT (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, a…

02 NCAC 34 .1102 DESIGNATION OF DEVIATIONS (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 licen…

02 NCAC 34 .1103 RE-INSPECTIONS (a) If a primary deviation, as defined by the committee, is found by the Division, the licensee or certified applicator responsible for said deviation shall be notified, in writing, as specified in Rule .1102(b) of this Section of the deviation. At…

SECTION .1200 - ADMINISTRATIVE HEARINGS: CONTESTED CASES 02 NCAC 34 .1201 NOTICE OF HEARING; ANSWER (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 h…

02 NCAC 34 .1202 RIGHT TO HEARING (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 proceedin…

02 NCAC 34 .1203 LOCATION OF HEARING The location of the hearing in a contested case shall be as prescribed in G.S. 150B-38(e). History Note: 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 Ef…

02 NCAC 34 .1204 DISCOVERY; INTERVENTION; SUBPOENAS (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…

02 NCAC 34 .1205 CONDUCT OF HEARING (a) Hearings in contested cases shall be conducted by a majority of the Committee. The Chairman shall serve as presiding officer unless he is absent or disqualified, in which case the Vice-chairman shall preside. Hearings shall be conducted as …

02 NCAC 34 .1206 DECISION OF COMMITTEE (a) The form and content of the Committee's decision in a contested case shall be as prescribed by G.S. 150B-42(a), and its decision shall be served upon the parties in a manner consistent with said statute. (b) The official record of the he…

02 NCAC 36 .0103 AUTOMATIC TERMINATION OF SECTIONS History Note: Authority G.S. 106-2; 106-12; 150-10; Eff. April 1, 1981; Repealed Eff. April 1, 1987.

SECTION .0200 - PROGRAMS 02 NCAC 37 .0201 SOIL TESTING SERVICE (a) The Agronomic Services Division shall analyze all samples for volume weight, pH, BpH, humic matter, phosphorus, potassium, calcium, magnesium, manganese, copper, and zinc. The Agronomic Services Division shall mak…