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RULE §7.114Definition of Terms

In addition to the definitions set out in the Structural Pest Control Act, Chapter 1951, Texas Occupations Code, the following words, names, and terms shall have the below meanings for this subchapter, unless the context clearly indicates otherwise.

  (1) Adjacent--An area having a common wall, ceiling, or floor.

  (2) Apprentice registration--A registration by a commercial or noncommercial business entity of an individual who is training and/or performing structural pest control services for the business.

  (3) Area of common access--An area that an individual is likely to be present in or at on a regular basis, such as a building entranceway, mailboxes, laundry rooms, beverage machines, building bulletin boards, hallways, etc.

  (4) Calendar year--January 1 to December 31.

  (5) Category--A type of structural pest control that an individual licensee or business licensee is authorized to perform.

  (6) Chairman--An individual elected by members of the Structural Pest Control Advisory Committee to preside over meetings.

  (7) Committee--The Structural Pest Control Advisory Committee. An eleven-member committee appointed by the Commissioner, whose responsibility is to gather information and advise the Commissioner and the Department on the business of structural pest control.

  (8) Course provider--The person, company, or organization that compiles, organizes, writes and/or produces category specific training or continuing education courses.

  (9) Department--The Texas Department of Agriculture.

  (10) Household--Residential structure occupied or intended for occupancy by a single individual, cohabitating individuals, or a family.

  (11) Inactive license--A license for which certification requirements have been maintained, but technicians and certified applicators are prohibited from legally engaging in structural pest control services, advertising, or solicitation.

  (12) Infest--To exist in, on, around or invade a structure in a manner that may limit the use or enjoyment of, or cause harm or damage to: households, railroad cars, ships, docks, trucks, airplanes, or other structures, or its contents, or its inhabitants, including any humans or pets; pests, unwanted plants, or diseases of trees, shrubs, or other plantings in a park or adjacent to a residence, business establishment, industrial plant, institutional building or street.

  (13) Integrated Pest Management (IPM)--A pest management strategy that relies on multiple pest control tactics, including the judicious use of pesticides, informed by accurate identification and scientific knowledge of pests, reliable monitoring methods to assess pest presence, preventative measures to avoid pest infestations, and thresholds to determine when corrective control measures are needed.

  (14) Obnoxious and undesirable animals or plants--Animals or weeds as defined in §1951.003 of the Occupations Code, that limit the use or enjoyment or cause harm or damage of any type to people, pets, structures, landscapes, or the environment. Animals excluded from this definition are members of the Order Primates, hoofed mammals, members of Family Ursidae, members of the Genus Felis, members of the Genus Canis, domestic livestock, ratites, gallinaceous birds and alligators.

  (15) Occupations Code--Unless otherwise specified, all references shall be to the Texas Occupations Code, Chapter 1951.

  (16) Other noncommercial entity--Any workplace with three (3) or more full-time employees.

  (17) Physically present--Face-to-face contact at a work location.

  (18) Self-study course--A self-study, online or electronic course taken for the purpose of continuing education or training.

  (19) SPCA--Structural Pest Control Act, Texas Occupations Code, Chapter 1951.

  (20) TPCL--Texas Pest Control License.

  (21) Vice-Chairman--An individual elected by members of the Structural Pest Control Advisory Committee to preside over meetings in the absence of the Chairman.

  (22) WDIR--Texas Official Wood Destroying Insect Report.

  (23) Work location--Anywhere structural pest control services are performed or where a meeting is being held for the purpose of supervision or training (job site/classroom).

  (24) Workplace--Any non-residence structure with three or more full-time paid employees that is treated by a licensed business or a certified noncommercial applicator.

Source Note: The provisions of this §7.114 adopted to be effective January 9, 2018, 43 TexReg 42

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