Chapter 620-6 WOOD DESTROYING ORGANISMS
Rule 620-6-.01 Definitions-Wood Destroying Organisms
| (1) | Approved pesticide or termiticide--means a pesticide product currently registered by the Environmental Protection Agency and/or the Georgia Department of Agriculture, whose label bears use directions for the control of wood destroying organisms, and including any previously registered pesticide whose use is permitted under the terms of a suspension or cancellation order by the Administrator of EPA or the Commissioner. |
| (2) | Comprehensive Soil Treatment--means the treatment of soils and masonry voids at or near ground level establishing a chemical treatment zone to protect a structure from attack from termites consistent with the requirements of Rule 620-6-.04(1)(a). |
| (3) | Conditions Conducive To Infestation-- means conditions that exist in a structure that favor the development of wood destroying organisms. These are limited to: cellulosic material underneath a building, wood in contact with the soil which has not been treated with preservatives to a minimum preservative retention rate designed for ground contact and ventilation of the under-floor space between the bottom of the floor joists and the earth that does not meet the requirements of the International Residential Building Code for one and two family dwellings, the latest edition as adopted and amended by the Georgia Department of Community Affairs. |
| (4) | Defined Soil Treatment--means the treatment of select areas of a structure as directed and permitted by a product's label directions to protect a structure from attack from termites consistent with the requirements of Rule 620-6-.04(1)(b). |
| (5) | Structure--means any building, regardless of its design or the type of material used in its construction, whether public or private, vacant or occupied, and adjacent outside areas. |
| (6) | Wood Destroying Organisms Control--means the application of any and all measures for the purpose of controlling termites, powder post beetles, wood boring beetles, wood destroying fungi and any other wood destroying organism in structures and/or adjacent outside areas. |
Rule 620-6-.02 Contracts
| (1) | Every licensee
shall issue a written contract to the property owner or owner's agent covering
each job of Wood Destroying Organisms Control, setting forth the following:
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| (2) | Every Wood Destroying Organism Control contract shall be signed by the property owner or owner's agent prior to performance of any control measures and the three (3) day right of cancellation shall be disclosed to every contractee in accordance with the Fair Business Practices Act of 1975, and rules of the Federal Trade Commission, 16 C.F.R. 429. |
| (3) | Every Wood Destroying Organism Control contract for treatment which utilizes a bait or baiting system shall contain the following statement in at least one-eighth (1/8) inch letters and blocked in with a heavy black line "The removal of the bait or baiting system may result in a lack of termite protection". |
| (4) | Subterranean
termite control warranty only contracts may not be issued in place of a
pre-construction treatment for subterranean termite control. These contracts
shall be limited to one and two family dwellings and town homes. Every
subterranean termite control contract for a control warranty only, without an
initial treatment shall include:
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| (5) | In addition to all other recordkeeping requirements, the licensee shall maintain reports of all monitoring, inspections and/or reinspections of the structure(s), baits or baiting systems and devices under contract. Such reports shall be provided to the property owner and a copy shall be maintained by the licensee for inspection by the enforcement agency, in a reasonable amount of time, for a period of two (2) years. The reports shall include the date of the monitoring, inspection or reinspection, name of the person performing the monitoring, inspection or reinspection and whether or not Wood Destroying Organisms or signs of termite activity were found. |
| (6) | Copies of all contracts and supporting documentation (pesticide use records, diagrams of the structure and any Official Waiver Forms) shall be maintained by the licensee during the contract period and for a period of two (2) years following the date of expiration of the contract. |
Rule 620-6-.03 Official Georgia Wood Infestation Inspection Report
| (1) | The Official Georgia Wood Infestation
Inspection Report shall be the written instrument for the purpose of certifying
that a structure is apparently free from wood destroying organisms as a basis
for transfer of real property and shall be issued only by a pest control
operator certified in Wood Destroying Organisms. Such instrument shall carry a
guarantee that, if an infestation of wood destroying organisms from which
apparent freedom is certified, is found within ninety (90) days from date of
issuance, the infested structure(s) shall be treated by the licensee, free of
charge subject to the following:
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| (2) | For the purpose of this Rule,
the form for the Official Georgia Wood Infestation Inspection Report shall
conform to the following format which constitutes a part of this Rule.
OFFICIAL GEORGIA WOOD INFESTATION INSPECTION REPORT COMPANY NAME ___________________ LICENSE NO. _______________________ ADDRESS _______________________________________ TELEPHONE NO. ____________________ DATE OF ISSUANCE ________________ SELLER ____________________________ INSPECTOR ________________________ FILE NO. ___________________________ PURCHASER(S) ____________________ SCOPE OF INSPECTION AN INSPECTION OF THE BELOW LISTED STRUCTURE(S) WAS PERFORMED BY A QUALIFIED INSPECTOR EMPLOYED BY THIS FIRM TO DETERMINE THE PRESENCE OR PREVIOUS PRESENCE OF AN INFESTATION OF THE LISTED ORGANISMS AND IS NOT INTENDED TO BE A STRUCTURAL REPORT. NEITHER IS THIS A WARRANTY AS TO ABSENCE OF WOOD DESTROYING ORGANISMS. THIS REPORT IS SUBJECT TO ALL CONDITIONS ENUMERATED ON THE REVERSE SIDE AND IS ISSUED WITHOUT WARRANTY OR GUARANTEE EXCEPT AS PROVIDED IN RULE 620-6-.03 OF THE RULES OF THE GEORGIA STRUCTURAL PEST CONTROL ACT OR SUBJECT TO ANY TREATMENT GUARANTEE SPECIFIED BELOW. MAIN STRUCTURE __________________________________________________ OTHER STRUCTURES (SPECIFY) ______________________________________ ADDRESS OF STRUCTURE(S) _________________________________________ FINDINGS
WHERE ANY AREAS OF THE STRUCTURE OBSTRUCTED OR INACCESSIBLE? ____ YES ____ NO IF YES, LIST THESE AREAS (SEE ITEM 3 ON REVERSE SIDE OF FORM) ____________________________________ THE FOLLOWING CONDITIONS CONDUCIVE TO INFESTATION FOR WOOD DESTROYING ORGANISMS WERE FOUND AT THE TIME OF INSPECTION. THE LOCATION OF THESE CONDITIONS CONDUCIVE TO INFESTATION ARE INDICATED ON THE ATTACHED DIAGRAM: ____________________________________ ____________________________________ REMARKS/ADDITIONAL FINDINGS: ____________________________________ ____________________________________ NOTE: IF VISIBLE EVIDENCE OF ACTIVE OR PREVIOUS INFESTATION IS REPORTED IT SHOULD BE ASSUMED THAT SOME DEGREE OF DAMAGE IS PRESENT AND A DIAGRAM IDENTIFYING THE STRUCTURE(S) INSPECTED AND SHOWING THE LOCATION OF SUCH EVIDENCE MUST BE ATTACHED TO THIS FORM. EVALUATION OF DAMAGE AND ANY CORRECTIVE ACTION SHOULD BE PERFORMED BY A QUALIFIED INSPECTOR IN THE BUILDING TRADE APPROVED BY THE PURCHASER AND LENDING AGENCY. TREATMENT THE ABOVE DESCRIBED STRUCTURE(S) WAS TREATED BY THIS COMPANY AS FOLLOWS:
THE PRESENT TREATMENT WARRANTY(IES) IS: __________TRANSFERABLE TO ANY SUBSEQUENT OWNER OF THE PROPERTY UPON PAYMENT OF A FEE ON OR BEFORE THE EXPIRATION DATE. __________NOT TRANSFERABLE TO ANY SUBSEQUENT OWNER OF THE PROPERTY. __________THE ABOVE STRUCTURE(S) ARE NOT COVERED BY A TREATMENT CONTRACT WITH THIS COMPANY. THIS STRUCTURE HAS A CURRENT OFFICIAL WAIVER FORM ISSUED BY THIS COMPANY ______ Yes ______ NO IF YES, A COPY MUST BE ATTACHED AS PART OF THIS REPORT. CERTIFICATION THIS IS TO CERTIFY THAT NEITHER I NOR THE COMPANY HAS HAD OR CONTEMPLATES HAVING ANY INTEREST IN THE PROPERTY INVOLVED, NOR IS ACTING IN ANY ASSOCIATION WITH ANY PARTY TO THE TRANSACTION. ____________________________________ SIGNATURE OF DESIGNATED CERTIFIED OPERATOR ____________________________________ SIGNATURE OF PURCHASER OR LEGAL REPRESENTATIVE ACKNOWLEDGING RECEIPT OF REPORT COPIES TO: _____ PURCHASER _____ MORTGAGEE _____ REALTOR _____ SELLER Revised 04/14 - Replaces all previous editions CONDITIONS GOVERNING THIS REPORT
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Rule 620-6-.04 Control Measures
"Control Measures" means the application of any and all measures for the purpose of controlling termites, powder post beetles, wood boring beetles, wood destroying fungi, and any other wood destroying organism in structures and/or adjacent outside areas. Such measures shall be made with applications and installations consistent with label requirements. Minimum adequate control measures shall be as set forth below.
| (1) | Minimum adequate subterranean termite
control treatment for post construction shall include the following:
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| (2) | Minimum adequate
subterranean termite control treatments for pre-construction treatments shall
include the following:
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| (3) | Minimum adequate treatment for pesticide
product applied as an alternate application technique, as defined in Rule
620-2-.01(d), for
subterranean termite control treatments made consistent with label directions
shall include the following:
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| (4) | Minimum adequate treatment for control or prevention of wood boring beetles, including powder post beetles, wood borers, and old house borers, shall include the application of a pesticide registered by EPA and the Georgia Department of Agriculture, in strict accordance with the product's registered directions for use. When infestation is located in a crawl space, treatment shall include the installation of a polyethylene or other water impervious vapor barrier to at least seventy (70) percent of the exposed soil surface in the enclosed space and ensure that ventilation meets the current requirements of the International Residential Building Code, the latest edition as adopted and amended by the Georgia Department of Community Affairs. |
| (5) | Minimum adequate treatment for control or
prevention of wood destroying fungi shall include the following:
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| (6) | Minimum adequate treatment for control of dry wood termites shall include the application of an approved pesticide in strict accordance with the product's registered directions for use, or other such methods or techniques which, to the satisfaction of the Commission, have been demonstrated to be effective in controlling this pest. |
Rule 620-6-.05 Inspection
The enforcement agency may inspect any property or structure treated or being treated for the control of wood destroying organisms and may collect samples of any treated material including soil to determine if treatment conforms to the Minimum Adequate Subterranean Termite Control as specified in this Chapter. Samples shall be taken as follows and analyzed by methods approved by the Commissioner:
| (a) | A single unit of use of the pesticide as purchased or a representative sample of the pesticide shall be taken from the original container in which it was purchased. |
| (b) | A minimum of four (4) ounces of the diluted solution or emulsion shall be taken from the tank or sprayer in which the diluted pesticide is stored or from which it is being applied. |
| (c) | A composite sample shall be taken for
assay from any soil required to be treated for the control of termites under
the provisions of this Chapter to determine if treatment conforms to the
minimum requirements, as follows:
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Rule 620-6-.06 Reports
| (1) | All Designated
Certified Operators shall maintain by month records covering all Wood
Destroying Organisms jobs completed, each Official Georgia Wood Infestation
Inspection Report issued and each new contract issued on the basis of a
previous treatment. Such records shall include the information listed below,
shall be retained in the office of the Licensee for at least two (2) years from
the date the record is created and shall be open to inspection by or furnished
to the Commission or Commissioner upon request:
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| (2) | Within thirty (30) days of a request by the Commission or Commissioner, Licensee shall provide a compilation of information contained in the above records for any specific portion of the two (2) year retention period. |
Rule 620-6-.07 Correction of Deviations
| (1) | On every Wood Destroying Organism job
which it inspects, the Enforcement Agency shall provide the Designated
Certified Operator with an Inspection and WDO Corrective Action Report
detailing any apparent deviations from the Minimum Adequate Treatment Standards
found by an inspector, and which are not covered by an Official Waiver of the
Minimum Treatment Standards for the Control of Subterranean Termites. The
Waiver Form shall contain all of the following information and shall be
equivalent to the following format:
OFFICIAL WAIVER of the Georgia Minimum Treatment Standards for the Control of Subterranean Termites NOTICE TO PROPERTY OWNERS/AGENT DO NOT SIGN THIS DOCUMENT UNTIL YOU HAVE READ AND SIGNED "CONDITIONS GOVERNING THE USE OF OFFICIAL WAIVER OF THE MINIMUM TREATMENT STANDARDS FOR THE CONTROL OF SUBTERRANEAN TERMITES" ON THE REVERSE SIDE OF THIS DOCUMENT. THESE "CONDITIONS" MUST BE CONSIDERED PART OF THIS DOCUMENT. YOU MUST RECEIVE A COPY OF THIS REPORT AND SUPPORTING GRAPH AT TIME OF SIGNING OR SERVICE. Name of Company ____________________ Address of Company _____________________________________________________ Owner of Property ____________________ Inspector name and certification/registration number _____________________________ Address of Structure Treated - Note: A separate Official Waiver is required for each individual structure. Reproductions of the Official Waiver for multiple structures is not acceptable. ________________________________________________________________________ Phone Number of Property Owner/Agent ____________________________________ Indicate with a check mark those items that do NOT meet the minimum treatment standards. TERMITE CONTROL SOIL TREATMENTS - Note: For defined post construction soil treatments and preconstruction soil treatments, only items # 1, 2, and 3 are applicable. Type of treatment - Check one Comprehensive post construction soil treatment _____ Defined post construction soil treatments _____ Pre-construction soil treatment _____ Date Job Completed ________ NO
Non Soil Pesticide, Device, Bait or Baiting System - Note: All items pertain to both post-construction and pre-construction applications. Date Job Completed ________ NO
CONDITIONS GOVERNING THE USE OF THE OFFICIAL WAIVER OF THE MINIMUM TREATMENT STANDARDS FOR THE CONTROL OF SUBTERRANEAN TERMITES
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| (2) | The Enforcement Agency may require the licensee to retreat with an approved termiticide any structure(s) initially treated with a registered pesticide as a soil termiticide application, which it finds within five (5) years after the initial treatment was not treated in accordance with the Minimum Adequate Treatment Standard, which were in effect on the date of initial treatment, whether or not such structure has been under renewal contract by the licensee beyond the original treatment contract period. If, however, a structure has been under continuous contract for more than five (5) years after initial treatment, retreatment may be required by the Enforcement Agency should inadequacies in the Minimum Adequate Treatment Standards be detected within two (2) years after the expiration date of such contract. |
| (3) | On all termite control treatments involving monitoring with a non-pesticidal bait or a registered pesticidal bait, or with any other similar pesticide, when the pesticidal bait or other pesticide is contained in its own receptacle and is not applied directly to the structure or used as a soil termiticide application, the Enforcement Agency may require the licensee to correct any deviations from the Minimum Adequate Treatment Standards in effect on the date of initial treatment. Such requirements may be made at any time the Enforcement Agency finds such deviations within five (5) years of the initial treatment, or if the structure(s) has been under continuous contract for more than five (5) years, corrections may be required by the Enforcement Agency within two (2) years of the expiration date of the contract. It should be understood that correction of deviations apply only to the removal of cellulosic debris, wood to earth contact, and removal of accessible termite tunnels and does not apply to the reinstallation of monitoring or toxic ant baits or other pesticide treatments which may have been removed as a condition of the initial contract. |
| (4) | The Enforcement Agency may inspect, for regulatory purposes, any structure within five (5) years of the initial verifiable treatment, or if the structure(s) has been under continuous contract for more than five (5) years, within two (2) years of the expiration date of the contract. The Enforcement Agency may inspect, for regulatory purposes, any structure having an Official Georgia Wood Infestation Inspection Report issued within two (2) years of the issuance of the Report. |
| (5) | Any structure under contract with a licensee found by either the licensee or the Enforcement Agency to have three or more separate areas of active infestation from subterranean termites within a five (5) year period shall receive a complete retreatment in accordance with the Minimum Adequate Treatment Standards. |
| (6) | The Enforcement Agency may require the licensee to treat, consistent with the requirements of Rule 620-6-.04, any structure which it finds was not treated consistent with the requirements of Rule 620-6-.04 or any structure which it finds an active infestation covered under a current warranty contract for Wood Destroying Organisms Control. |