| (a) As part of each written estimate submitted for
a subterranean termite, drywood termite, powder post beetle, wood
boring beetle, or related wood destroying insect (excluding carpenter
ants) treatment to a customer, the pest control business proposing
the treatment must present the prospective customer or designee with
disclosure documents. Verbal estimates may be provided to customers
to advise of a general range of treatment costs, but a written estimate
must be provided before beginning a treatment. Written estimates for
termite and related wood destroying insect treatments and treatment
disclosure documents shall only be made by licensed technicians or
certified applicators licensed in the termite category.
(b) Each subterranean termite, drywood termite, powder
post beetle, wood boring beetle, or related wood destroying insect
(excluding carpenter ants) treatment disclosure document must include,
but is not limited to:
(1) the business name, address, phone number, TPCL
number, and the date the written estimate was submitted;
(2) the address or physical location of the structure
to be treated;
(3) a diagram or blueprint or building plat and description
of the structure or structures to be treated to include the following:
(A) numerical perimeter measurements of the entire
structure as accurately as practical;
(B) areas of active or previous termite activity;
(C) areas to be treated;
(D) known wood destroying insect activity;
(E) areas of conditions conducive to infestation by
wood destroying insects; and
(F) construction details and other information about
construction relevant to the treatment proposal;
(4) a label for any pesticide recommended or used.
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;
(5) the complete details of the warranty provided,
if any;
(6) the signature of approval on the disclosure documents
by a certified applicator or licensed technician in the termite category
employed by the company making the proposal;
(7) the concentration of termiticide used or minimum
number of bait stations to be installed;
(8) for subterranean termite post construction treatments,
the following statements and definitions in at least 8-point type:
(A) A termite treatment may be a partial treatment
or spot treatment using termiticide, approved physical barriers, or
a baiting system. These types of treatments are defined as follows:
(i) Partial Treatments. This technique allows a wide
variety of treatment strategies but is more involved than a spot treatment
(see definition below). Ex.: treatment of some or all of the perimeter,
bath traps, expansion joints, stress cracks, portions of framing,
walls and bait locations.
(ii) Spot Treatments. Any treatment which concerns
a limited, defined area less than ten (10) linear or square feet that
is intended to protect a specific location or "spot." Often there
are adjacent areas that are susceptible to termite infestation which
are not treated.
(iii) Baiting Systems. This type of treatment may include
interior and/or perimeter placement of monitoring or baiting systems
along with routine inspection intervals. The baiting technique may
include one (1) or more locations as prescribed by the product label
and instructions.
(iv) Barriers. If a physical barrier is used, the square
footage of the physical barrier must be recorded and a diagram describing
the installation will be provided.
(B) The types of treatment defined may apply to construction
types as follows:
(i) Pier and Beam. Treatment of the outer perimeter
including porches, patios and treatment of the attached garage. In
the crawl space, treatment would include any soil to structure contacts
(piers and/or pipes).
(ii) Slab Construction. Treatment of the perimeter
and all known slab penetrations as well as any known expansion joints
or stress cracks.
(9) for all termite treatments the following statement
in at least 8-point type: For all treatments there will be a diagram
showing exactly what will be treated. Treatment specifications and
warranties for those treatments may vary widely. Review the pesticide
label provided to you for minimum treatment specification. If you
have any questions, contact the pest control company or the Texas
Department of Agriculture, P.O. Box 12847, Austin, Texas 78711-2847.
Phone (866) 918-4481;
(10) for any pre-construction treatment, the "Proper
Pre-Construction Subterranean Termite Treatments - A Guide for Builders
and Consumers" guide, must be provided to the contractor or purchaser
of the pre-treatment service prior to the beginning of the treatment.
The text and format of the termite pre-treatment disclosure document
is available on the Structural Pest Control Service website at: http://www.TexasAgriculture.gov/spcs,
or by contacting the Texas Department of Agriculture at the address
provided in paragraph (9) of this subsection;
(11) for drywood termite, powder post beetle, wood
boring beetle, and other related wood destroying insect treatments
the following statements and definitions in at least 8-point type:
A drywood termite, powder post beetle, wood boring beetle, or other
related wood destroying insect treatment may be a full treatment or
spot treatment. These types of treatments are defined as follows:
(A) Full Treatment: A treatment to control 100% of
the insect infestation by tarpaulin fumigation or appropriate sealing
method. A full treatment by fumigation is designed to eliminate every
insect colony. It should include the infested structure and all attached
structures; or
(B) Spot Treatment: Any treatment less than a full
treatment by tarpaulin fumigation. This treatment should be considered
only when a drywood termite, powder post beetle, wood boring beetle
or related insect infestation has a limited and defined area of infestation.
Adjacent areas susceptible to dry wood termite, powder post beetle,
wood boring beetle or related insect infestations are not treated.
Because of the nature of wood destroying insects, these untreated
areas may continue to harbor drywood termites, powder post beetle,
wood boring beetle, and related insects throughout the structure without
detection;
(12) a consumer information sheet described in §7.147
of this chapter (relating to Consumer Information Sheet; and
(13) The jurisdiction statement: "Licensed and regulated
by: Texas Department of Agriculture, P.O. Box 12847, Austin, TX 78711-2847,
Phone (866) 918-4481, Fax (888) 232-2567."
(c) For a re-treatment of a property for an existing
customer, the pest control business must provide the following before
conducting the re-treatment:
(1) the label of the pesticide to be used;
(2) a diagram or updated diagram of the structure showing
areas to be treated; and
(3) a consumer information sheet described in §7.147,
of this chapter.
(d) The business license holder or, in the case of
the certified noncommercial applicator, the applicator must keep and
maintain correct and accurate copies of the disclosure documents for
a period of two (2) years.
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