| (a) Subsections (b) - (f) of this section do not apply
to baits or baiting systems and subsections (c) - (d) of this section
do not apply to wood applied termiticide products.
(b) All pesticides used for pre-construction termite
treatments must be registered with the Environmental Protection Agency
and the department. All pesticide liquid applications must be made
by using the application rates and methods and by following the precautionary
statements on the labeling of the pesticide being used.
(c) For a full treatment, the entire structure must
be treated to provide a continuous horizontal and vertical pesticide
barrier. The final treatment shall be performed within thirty (30)
days of notification of completion of landscaping or one (1) year
from the date of completion of construction, whichever comes first.
However, when construction has proceeded to the point that all areas
cannot be treated before the company providing the treatment is called
to perform the application, a partial treatment is permitted if the
owner of the structure or the person in charge of the construction
and the licensee for the pest control company sign a statement attesting
to the construction conditions, and attach it to the contract with
an amended diagram or blueprint or building plat showing the exact
areas to be treated and send copies to the owner of the property within
seven (7) days of the application. A copy of the disclosure with an
amended diagram or blueprint or building plat showing the exact areas
to be treated must be made available to the department upon request.
A partial treatment will also be permitted if allowed by label directions
and if the licensee proposing the treatment issues a Wood Destroying
Insect Treatment Disclosure Document prior to the treatment.
(d) In order to comply with subsection (c) of this
section, it will be necessary to return to the pretreatment site after
the slab has been poured and/or piers and support beams have been
placed to complete the treatment for the vertical barrier.
(e) A primary treatment of the wood framing (such as
a borate treatment) must follow full label application instructions
and must be performed with a termiticide that has specific label instructions
to be used as a primary treatment to offer protection for prevention
of subterranean termites in new construction. This treatment may be
used in lieu of a full, partial, or bait treatment and must include
application instructions to exposed surfaces of wood framing with
exterior sheathing in place but before any walls are enclosed to a
height of not less than two (2) feet above a contact with a slab foundation
or a (2) foot horizontal and vertical treatment of wood above contact
with a concrete crawlspace or basement foundation. Label instructions
must provide application instructions for the prevention of subterranean
termite intrusion and tubing onto non-cellulose areas around bath-traps,
plumbing penetrations, and concrete foundation areas.
(f) Notice of all pre-construction treatments with
contracts requiring treatment of a structure other than a single family
dwelling must be submitted between the hours of 6:00 a.m. and 9:00
p.m. using the department's designated notification system at least
four (4), and no more than twenty-four (24) hours prior to a termiticide
application. The licensee must provide address and site location,
type of treatment (partial or full), date and time of treatment, approximate
and appropriate unit of measurement used under contract, and the name,
license number, and physical address of the pest control business.
If the treatment is cancelled, notice of cancellation must be sent
using the department's designated notification system within one (1)
hour of the time the pest control business learns of the cancellation.
(g) For all commercial pre-construction treatments
other than baits, baiting systems, wood applied termiticide products
or physical barriers, the licensee must maintain records of the appropriate
unit of measurement treated per application site, amount of termiticide
used per application site, rate at which termiticide is mixed for
each application site, number of application tanks which were in use
for the treatment, the capacity, in gallons, of each application tank,
and the start and stop time for the treatment. The business license
holder or, in the case of the certified noncommercial applicator,
the applicator must keep and maintain a correct and accurate copy
of the pre-construction treatment and disclosure records for a period
of two (2) years. A baiting system may be used in lieu of a pre-construction
treatment if installed within thirty (30) days of notification of
completion of landscaping. All termite baiting system applications
must be made using the methods and following the precautionary statements
on the product label. 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.
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