2010 Tennessee Code
Title 62 - Professions, Businesses and Trades
Chapter 21 - Tennessee Application of Pesticides Act of 1978
Part 1 - General Provisions
62-21-114 - Termite service contracts.

62-21-114. Termite service contracts.

(a)  (1)  Every chartered person shall enter into a written contract for any service rendered in the category of wood destroying organisms.

     (2)  A separate contract must be given for each structure or building; provided, that an industrial complex or group of buildings may be covered by a single contract when it is an integral part of one (1) industrial unit.

     (3)  A garage, pump house or other outbuilding commonly a part of a residential establishment may be covered by the same contract as that covering the residence itself; provided, that the garages, pump houses or other outbuildings are not used as separate residential units.

     (4)  An apartment complex cannot be construed to be an industrial complex.

(b)  (1)  No person or business entity may enter into an agreement to provide services for termite prevention, control or a termite warranty without initial treatment unless properly chartered as a commercial pest control operator pursuant to § 62-21-103.

     (2)  (A)  Notwithstanding this chapter or any other law to the contrary, a chartered commercial pest control operator may enter into an agreement to provide ongoing services for a termite warranty without initial treatment for any structure or building regardless of any initial chemical application for prevention or control of termites of any such structure or building.

          (B)  Any agreement for a termite warranty without initial treatment shall clearly state in one-half inch (½²) high letters on the front of the agreement if a damage repair guarantee is not offered. A violation of this subdivision (b)(2)(B) constitutes a violation of the Tennessee Consumer Protection Act, compiled in title 47, chapter 18, part 1.

     (3)  Prior to entering into a termite warranty without initial treatment agreement with any person or entity under this subsection (b), the chartered commercial pest control operator must conduct an initial inspection and issue an initial report that includes:

          (A)  A graph or diagram of the property where any visible damage or infestation, if any, is located;

          (B)  A written description of the type of damage, if any; and

          (C)  The date of the initial inspection report.

     (4)  The commissioner shall, subject to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, promulgate all necessary rules and regulations, consistent with this chapter. Rules promulgated to implement this subsection (b) shall regulate the commercial pest control industry and provide for the protection of the consumer.

[Acts 1978, ch. 844, § 14; T.C.A., § 62-2114; Acts 1991, ch. 441, § 5; 1994, ch. 960, § 12; 2009, ch. 363, § 2.]