| (a) For an indoor treatment at a private residence
that is not a rental property, the certified applicator or technician
must make the consumer information sheet available to the owner of
the residence.
(b) For an indoor treatment at a residential rental
property with less than five (5) rental units, the certified applicator
or technician must make the consumer information sheet available to
each resident, upon request, at the time of each treatment.
(c) For an indoor treatment at a residential rental
property with five (5) or more rental units, the certified applicator
or technician must make the consumer information sheet available to
the owner or manager of the complex. The certified applicator or technician
must also supply the owner or manager with a pest control sign. The
owner or manager or an employee or agent of the owner or manager,
other than the certified applicator or technician, must notify residents
who live in direct or adjacent areas of the treatment by:
(1) posting the sign in an area of common access to
residents at least 48 hours before each planned treatment; or
(2) distributing application information consistent
with §7.146 of this chapter (relating to Pest Control Sign),
at least 48 hours before each planned treatment by leaving the sign
on the front door of each unit or in a conspicuous place inside each
unit.
(d) For an indoor treatment at a workplace, the certified
applicator or technician must make the consumer information sheet
available and supply a pest control sign to the employer or the building
manager. The employer or the building manager or an employee or agent
of the owner or manager, other than the certified applicator or technician,
must notify individuals at the workplace of the date of the planned
treatment by:
(1) posting the sign in an area of common access that
the employees are most likely to see at least 48 hours before each
planned treatment; and
(2) making available the consumer information sheet
to any individual working in the building on request of the individual
if the request is made during normal business hours.
(e) For an indoor treatment at a building that is a
hospital, nursing home, hotel, motel, lodge, warehouse, food-processing
establishment, school or educational institution, or a day care center,
the certified applicator or technician must make available the consumer
information sheet and a pest control sign to the chief administrator,
IPM Coordinator, or building manager. The chief administrator, IPM
Coordinator, or building manager must notify the individuals who work
or reside in the building of the treatment by:
(1) posting the sign in an area of common access that
the individuals are likely to check at least 48 hours before each
planned treatment; and
(2) making available the consumer information sheet
to any individual working or residing in the building on request of
the individual.
(f) The department's consumer information sheet must
be used. Copies of the consumer information sheet are available from
the department in English and Spanish on the Structural Pest Control
Service website at: http://www.TexasAgriculture.gov/spcs/, or by contacting
the Texas Department of Agriculture, P.O. Box 12847, Austin, TX 78711-2847,
(866) 918-4481. The department's consumer information sheet may be
copied and used in accordance with this section.
(g) The pre-notification requirements of §§7.146-7.148
of this chapter (relating to Pest Control Sign, Consumer Information
Sheet, and Responsibilities of Unlicensed Persons for Posting and
Notification) are waived if the customer and certified applicator
sign a statement attesting to the fact that an emergency exists which
requires immediate treatment. If such an emergency exists, the consumer
information sheet must be made available by the licensee. The statement
must be kept on file with the pest control use records. If the customer
is not available to sign a statement at the time of treatment, that
shall be recorded in the use records along with the customer's name
and telephone number. An emergency is defined as an imminent hazard
to health. An emergency treatment is limited to the localized area
of the emergency.
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