2005 California Business and Professions Code Sections 8500-8519.5 Article 1. General Provisions

8500.  Unless the text otherwise requires, the general provisions
hereinafter set forth govern the construction of this chapter.
8501.  "Director" refers to the Director of Consumer Affairs.
8502.  "Board" refers to the Structural Pest Control Board.
8503.  "Registrar" refers to the registrar of the Structural Pest
Control Board.
8503.5.  "Committee" means the Disciplinary Review Committee
established pursuant to Section 8660.
8504.  "Person" includes an individual, firm, partnership,
corporation, limited liability company, association or other
organization or any combination thereof.
8505.  "Structural pest control" and "pest control" as used in this
chapter are synonymous.  Except as provided in Section 8555 and
elsewhere in this chapter, it is, with respect to household pests and
wood destroying pests or organisms, or such other pests which may
invade households or other structures, including railroad cars,
ships, docks, trucks, airplanes, or the contents thereof, the
engaging in, offering to engage in, advertising for, soliciting, or
the performance of, any of the following:  identification of
infestations or infections; the making of an inspection or
inspections for the purpose of identifying or attempting to identify
infestations or infections of household or other structures by such
pests or organisms; the making of inspection reports,
recommendations, estimates, and bids, whether oral or written, with
respect to such infestations or infections; and the making of
contracts, or the submitting of bids for, or the performance of any
work including the making of structural repairs or replacements, or
the use of insecticides, pesticides, rodenticides, fumigants, or
allied chemicals or substances, or mechanical devices for the purpose
of eliminating, exterminating, controlling or preventing
infestations or infections of such pests, or organisms.
   "Household pests" are defined for the purpose of this chapter as
those pests other than wood destroying pests or organisms, which
invade households and other structures, including, but not limited
to, rodents, vermin and insects.
8505.1.  (a) Except as provided in subdivisions (b) and (c), for the
purpose of this act, "fumigation" shall be defined as the use within
an enclosed space for the destruction of plant or animal life, a
substance having a vapor pressure greater than 5 millimeters of
mercury at 25 degrees centigrade when the substance is labeled for
those purposes.
   The following is a list of lethal fumigants:
   (1) Methyl bromide.
   (2) Sulfur dioxide.
   (3) Propylene oxide.
   (4) Sulfuryl fluoride.
   (5) Aluminum phosphide.
   The board may adopt, and may as necessary amend, by regulation, a
list of fumigants.
   (b) For the purpose of this act, "warning agent" shall be any
agent used in combination with any fumigant that lacks warning
properties.
   The following is a warning agent:
   Chloropicrin.
   The board may adopt, and may as necessary amend, by regulation, a
list of warning agents.
   (c) For the purpose of this act "simple asphyxiants" shall not be
deemed to be fumigants.
   The following is a list of simple asphyxiants:
   (1) Liquid nitrogen.
   (2) Carbon dioxide.
   The board may adopt, and may as necessary amend, by regulation, a
list of simple asphyxiants.
8505.2.  Fumigation shall be performed only under the direct and
personal supervision of an individual who is licensed by the board as
an operator or field representative in a branch of pest control
which includes fumigation or who is the qualifying manager of a
registered company which is so registered.
8505.3.  "Direct and personal supervision" as used in Section 8505.2
means that the licensee exercising such supervision shall be present
at the site of the fumigation during the entire time the fumigants
are being released, the time ventilation is commenced, and at the
time property is released for occupancy.
8505.4.  Fumigation shall be performed in compliance with all
applicable state, county, city, and city and county laws and
ordinances and all applicable laws and regulations of the United
States.
8505.5.   Notice of the date and place of fumigation, and chemicals
to be used, shall be given by the fumigator to the fire department
serving the area in which fumigation is to be performed not less than
two hours prior to the time fumigation begins.  The fire department
shall not charge any fees for any service related to structural pest
control activities except for the costs of an emergency response
necessitated by illegal or negligent actions.
   If requested by the county agricultural commissioner, notice of
each fumigation to be performed shall be given to the commissioner in
the county in which the job is to be performed.  The notice, which
may be mailed or given by telephone, at the option of the
commissioner, shall be given at least 24 hours prior to the time
fumigation begins, unless the commissioner determines that less time
is sufficient.  No fee shall be assessed for processing the notice
which may be requested by the commissioner.
8505.6.  During the process of fumigation the room or apartment
being fumigated, together with all rooms and apartments, including
rooms or apartments on the same floor and those above, below, and
adjacent thereto, shall be vacated by the occupants thereof.  During
the process of such fumigation, all rooms, apartments, and hallways
adjacent to the rooms, apartments or spaces undergoing fumigation,
shall be kept well ventilated and warning signs as herein prescribed
stating such fact of fumigation shall be kept posted at all entries
to such rooms or apartments during the time of such fumigation and
thereafter until all such premises are safely ventilated free of all
fumes.  All rooming or apartment houses designed for the use of four
families or less shall be entirely vacated and closed against entry
thereto and occupancy thereof while fumigation is being performed
therein and until the same is safely ventilated free of all fumes.
8505.7.  The space to be fumigated shall be vacated by all occupants
prior to the commencement of fumigation, and all entrances thereto
shall be locked, barricaded, or otherwise secured against entry until
the end of exposure period, then opened for ventilation and
relocked, barricaded, or otherwise secured against re-entry, until
declared by the licensee exercising direct and personal supervision
over the fumigation to be safe for reoccupancy.
8505.8.  Prior to the commencement of fumigation, the space to be
fumigated shall be sealed in such manner that tests taken before
ventilation is begun will show that the required concentration of the
fumigant released within the space has been retained therein, in
compliance with the manufacturer's recommendations.
8505.9.  Prior to the commencement of fumigation, warning signs
shall be posted in plainly visible locations on or in the immediate
vicinity of all entrances to the space under fumigation and shall not
be removed until fumigation and ventilation has been completed, and
the premises safe for reoccupancy.  Ventilation shall be conducted
with due regard for the public safety.
8505.10.  Warning signs shall be printed in red on white background
and shall contain the following statement in letters not less than
two inches in height:  "DANGER--FUMIGATION."  They shall also depict
a skull and crossbones not less than one inch in height and shall
state in letters not less than one-half inch in height the name of
the fumigant, the date and time fumigant was injected, and the name,
address and telephone number of the registered company performing the
fumigation.  Warning signs placed under a tarpaulin shall not be
required to state the time the fumigant was injected.
8505.11.  If the structure which has been fumigated has an attic or
if the area underneath such structure is accessible to inspection for
purposes of structural pest control, the registered company which
performed the fumigation shall, immediately upon completion, post in
the attic, immediately adjacent to the entrance thereto, or in the
area underneath the structure, immediately adjacent to the main
entrance vent thereof, or in both of such places if the structure has
an attic and an accessible underarea, a durable sign not less than
five inches by seven inches in size stating the name of the
registered company, the date of fumigation, and the type of fumigant
used.
8505.12.  A registered company performing fumigation shall use an
adequate warning agent with all fumigants which lack such properties.
  When conditions involving abnormal hazards exist, the licensee
exercising direct and personal supervision shall take such safety
precautions in addition to those prescribed by this chapter as are
reasonably necessary to protect the public health and safety.
8505.13.  A registered company shall maintain a log of each
fumigation job performed by it in this state.  The log shall be in
the form required by the regulations of the board and shall be
preserved for a period of at least three years, during which time it
shall be available at all times during business hours for inspection
by the board and its authorized representatives.
8505.14.  "Fumigator" means any individual licensed by the board as
a structural pest control operator or as a structural pest control
field representative in the branch of pest control which includes
fumigation as set forth in Section 8560.
8505.15.  Two effective masks of a type approved by the National
Institute of Occupational Safety and Health for protection against
the fumigant being used shall be made readily available by the
registered company to a fumigating crew whenever a fumigant is
introduced into or removed from a structure.
8505.16.  All fumigators shall be familiar with and able to
administer artificial respiration by the best method or methods
recommended currently by the Red Cross in its standard texts on first
aid.
   All fumigating crews shall be outfitted with a safety kit
containing safety equipment as specified by the manufacturer's label
instructions and by all applicable laws and regulations.
8505.17.  (a) There is hereby created in the State Treasury a
special fund to be known as the Structural Pest Control Education and
Enforcement Fund.  Funds derived from the pesticide use report
filing fee provided for in Section 8674 and all proceeds from civil
penalties collected by the board pursuant to Section 8617 shall be
deposited in the Education and Enforcement Account which is hereby
created in the fund.  The account shall be used by the board (1) for
the purposes of training as provided in Section 8616, (2) for
reimbursement to the Director of Pesticide Regulation for work
performed as the agent of the board pursuant to Sections 8616,
8616.4, and 8617 and Section 15202 of the Food and Agricultural Code
and for cases referred to the board pursuant to subdivision (b) of
Section 8616.5, and (3) for reasonable expenses incurred by the
Disciplinary Review Committee.  There is no reimbursement from this
fund for inspections and routine investigations.
   (b) The board may withhold funds from its agent if it is not
satisfied that its agent has corrected the problems which resulted in
a suspension as provided in Section 8616.6.  The authority to
withhold funds shall be limited only to the withholding of an amount
otherwise due the agent for reimbursable activities performed in the
county or counties for which a notice has been filed pursuant to
Section 8616.6.
   (c) Registered structural pest control companies shall prepare and
submit to the county agricultural commissioner a monthly report of
all pesticides used in that county.  The report shall be on a form
approved by the Director of Pesticide Regulation and shall contain
the name and registration number of each pesticide, the amount used,
and the number of applications made.  The report shall be submitted
to the commissioner by the 10th day of the month following the month
of application.  Each pesticide use report or combination of use
reports representing a registered structural pest control company's
total county pesticide use for the month shall have affixed thereto a
pesticide use stamp issued by the board in the denomination fixed by
the board in accordance with Section 8674 as the pesticide use
report filing fee.  The board shall provide for the sale of these
stamps and for the refund of moneys paid for stamps which are
returned to it unused.  When a registered structural pest control
company performs no pest control during a month in a county in which
it has given notice pursuant to Section 15204 of the Food and
Agricultural Code, the registered company shall submit a use report
stating this fact to the commissioner.  No pesticide use stamp is
required on negative use reports.
   (d) All other proceeds from civil penalties collected by the board
shall be deposited in the Civil Penalties Account which is hereby
created in the fund.  These funds shall be available to the board
upon appropriation by the Legislature for the purposes of enforcing
this chapter.
8506.  (a) "Structural pest control operator" is any individual
licensed by the board to practice structural pest control.
   (b) As used in this chapter, "operator" refers to "structural pest
control operator."
   (c) In the event of death of a licensee, the executor or
administrator of the deceased person may obtain from the board
written authorization for such executor or administrator to conduct
the business of such deceased licensee for a period not to exceed one
year after the date of death for the purpose of winding up or
disposing of the structural pest control business of the deceased
licensee; but such authorization shall not entitle such executor or
administrator to solicit, engage in, or undertake any structural pest
control work not already contracted for by such deceased licensee
unless a properly classified and licensed operator is employed to
manage, supervise, and direct the business.
8506.1.  A "registered company" is any sole proprietorship,
partnership, corporation, or other organization or any combination
thereof which is registered with the Structural Pest Control Board to
engage in the practice of structural pest control.
   A registered company may secure structural pest control work,
submit bids, or otherwise contract for pest control work.  A
registered company may hire licensed field representatives and
licensed operators to identify infestations or infections, make
inspections, and represent the company in the securing of pest
control work.  A registered company may hire or employ individuals
who are not licensed under this chapter to perform work on contracts
covering wood-destroying organisms only after an operator or field
representative has fully completed the negotiation or signing of the
contract covering a given job.
   A registered company may hire and use individuals who are not
licensed under this chapter on service contracts already established.
8506.2.  A "qualifying manager" is the licensed operator or
operators designated by a registered company to supervise the daily
business of the company and  to be available to supervise and assist
the company's employees.
8507.  (a) "Structural pest control field representative" is any
individual who is licensed by the board to secure structural pest
control work, identify infestations or infections, make inspections,
submit bids for or otherwise contract, in behalf of a registered
company.
   A pest control field representative shall not contract for pest
control work or perform pest control work in his or her own behalf.
   (b) As used in this chapter, "field representative" refers to
"structural pest control field representative."
8507.1.  (a) "Structural pest control applicator" is any individual
who is licensed by the board to apply a pesticide, rodenticide, or
allied chemicals or substances for the purpose of eliminating,
exterminating, controlling, or preventing infestation or infections
of pests or organisms included in Branch 2 or Branch 3 on behalf of a
registered company.
   A structural pest control applicator shall not contract for pest
control work or perform pest control work in his or her own behalf.
   (b) As used in this chapter, "applicator" refers to "structural
pest control applicator."
8508.  "Household" means any structure and its contents which are
used for man and his convenience.
8509.  "Branch office" is any fixed place of business in addition to
the location of business for which the company registration is
issued, where records are kept, mail received, statements rendered,
money is collected, or requests are received for service or bids, or
information is given pertaining to the practice of pest control,
other than governmental offices.
8510.  For purposes of this chapter, "wood preservative" means any
coating formulated to protect wood surfaces from deterioration caused
by insects, fungus, rot, and decay and which contains a wood
preservative chemical that is registered with the California
Department of Food and Agriculture and the United States
Environmental Protection Agency.
8511.  "Manufacturer" is a person engaged in the processing of
materials used in the practice of pest control, but who does not
himself engage in such practice.
8512.  "Employer" refers to a registered company which hires
operators, field representatives, applicators, and other individuals,
the latter not being required to be licensed under this chapter, and
who work on pest control jobs under the supervision of an operator
or field representative.
8513.  (a) The board shall prescribe a form entitled "Notice to
Owner" that shall describe, in nontechnical language and in a clear
and coherent manner using words with common and everyday meaning, the
pertinent provisions of this state's mechanics' lien laws and the
rights and responsibilities of an owner of property and a registered
pest control company thereunder.  Each company registered under this
chapter, prior to entering into a contract with an owner for work for
which a company registration is required, shall give a copy of this
"Notice to Owner" to the owner, his or her agent, or the payer.
   (b) No company that is required to be registered under this
chapter shall require or request a waiver of lien rights from any
subcontractor, employee, or supplier.
   (c) Each company registered under this chapter that acts as a
subcontractor for another company registered under this chapter
shall, within 20 days of commencement of any work for which a company
registration is required, give the preliminary 20-day notice
(private work) in accordance with the provisions of Section 3097 of
the Civil Code, to the owner, his or her agent, or the payer.
   (d) Each company registered under this chapter that acts as a
prime contractor for work for which a company registration is
required shall, prior to accepting payment for the work, furnish to
the owner, his or her agent, or the payer a full and unconditional
release from any claim of mechanics' lien by any subcontractor
entitled to enforce a mechanics' lien pursuant to Section 3114 of the
Civil Code.
   (e) Each company registered under this chapter that subcontracts
to another company registered under this chapter work for which a
company registration is required shall furnish to the subcontractor
the name of the owner, his or her agent, or the payer.
   (f) The provisions of this section shall be applicable only to
those registered companies, as defined in Section 8506.1, operating
pursuant to a Branch 1 or Branch 3 registration.
   (g) A violation of the provisions of this section is a ground for
disciplinary action.
8514.  No registered company shall commence work on a contract, or
sign, issue, or deliver any documents expressing an opinion or
statement relating to the control of household pests, or wood
destroying pests or organisms until an inspection has been made.
   Notwithstanding any provision of this chapter, after an inspection
has been made a registered company which holds a branch registration
for the control of household pests, or wood destroying pests or
organisms, but its branch registration restricts the method of
eradication or control permitted, may recommend and enter into a
contract for the eradication or control of pests within the scope of
its branch registration, provided it subcontracts in writing the
actual performance of the work to a registered company which holds a
branch registration authorizing the particular method to be used.
   A registered company may in writing subcontract any pest control
work for which it is registered in any branch or branches to a
registered company holding a valid branch registration to do such
work.
   Nothing in this chapter shall be construed to prohibit a
registered company or the consumer from subcontracting with a
licensed contractor to do any work authorized under Section 8556.
   A registered company shall not subcontract structural fumigation
work, as permitted in this section, without the written consent of
the consumer. The consumer must be informed in advance, in writing,
of any proposed work which the registered company intends to
subcontract and of the consumer's right to select another person or
entity of the consumer's choosing to perform the work.  The consumer
may authorize the subcontracting of the work as proposed or may
contract directly with another registered company licensed to perform
the work.  Nothing in this paragraph shall be construed to eliminate
any otherwise applicable licensure requirements, nor permit a
licensed contractor to perform any work beyond that authorized by
Section 8556.
   Nothing herein contained shall permit or authorize any registered
company to perform, attempt to perform, advertise or hold out to the
public or to any person that it is authorized, qualified or
registered to perform, pest control work in any branch, or by any
method, for which it is not registered.
   Subcontracting of work, as permitted herein, shall not relieve the
prime contractor or the subcontractor from responsibility for, or
from disciplinary action because of, any act or omission on its part,
which would otherwise be a ground for disciplinary action.  However,
the registered company making the initial proposal including
proposed work that the registered company intends to subcontract
shall not be subject to disciplinary action or otherwise responsible
for any act or omission in the performance of the work that the
consumer directly contracts with another registered company to
perform, as permitted by this section.
8514.5.  It is unlawful for any registered company under this
chapter when billing for any subcontracted work authorized under
Section 8514, to charge, bill, or otherwise solicit payment from the
consumer for any structural fumigation work not actually rendered by
the registered company or under its direct supervision unless the
consumer, prior to authorizing the performance of the work, is
provided in writing with the following statement:
   "NOTICE:  The charge for service that this company subcontracts to
another registered company may include the company's charges for
arranging and administering such services that are in addition to the
direct costs associated with paying the subcontractor.  You may
accept (company name's) bid or you may contract directly with another
registered company licensed to perform the work.
   If you choose to contract directly with another registered
company, (company name) will not in any way be responsible for any
act or omission in the performance of work that you directly contract
with another to perform."
8515.  Nothing in this chapter shall prohibit a company registered
hereunder from authorizing an officer, partner, or employee to submit
bids, after an inspection by an individual licensed as an operator
or field representative under this act, or to sign contracts after
negotiation by an individual licensed as an operator or field
representative under this act, on behalf of the registered company.
8516.  (a) This section, and Section 8519, apply only to wood
destroying pests or organisms.
   (b) No registered company or licensee shall commence work on a
contract, or sign, issue, or deliver any documents expressing an
opinion or statement relating to the absence or presence of wood
destroying pests or organisms until an inspection has been made by a
licensed Branch 3 field representative or operator.  The address of
each property inspected or upon which work is completed shall be
reported on a form prescribed by the board and shall be filed with
the board no later than 10 business days after the commencement of an
inspection or upon completed work.
   Every property inspected pursuant to this subdivision or Section
8518 shall be assessed a filing fee pursuant to Section 8674.
   Failure of a registered company to report and file with the board
the address of any property inspected or work completed pursuant to
Section 8518 or this section is grounds for disciplinary action and
shall subject the registered company to a fine of not more than two
thousand five hundred dollars ($2,500).
   A written inspection report conforming to this section and a form
approved by the board shall be prepared and delivered to the person
requesting the inspection or to the person's designated agent within
10 business days of the inspection, except that an inspection report
prepared for use by an attorney for litigation purposes is not
required to be reported to the board.  The report shall be delivered
before work is commenced on any property.  The registered company
shall retain for three years all original inspection reports, field
notes, and activity forms.
   Reports shall be made available for inspection and reproduction to
the executive officer of the board or his or her duly authorized
representative during business hours.  Original inspection reports or
copies thereof shall be submitted to the board upon request within
two business days.  The following shall be set forth in the report:
   (1) The date of the inspection and the name of the licensed field
representative or operator making the inspection.
   (2) The name and address of the person or firm ordering the
report.
   (3) The name and address of any person who is a party in interest.
   (4) The address or location of the property.
   (5) A general description of the building or premises inspected.
   (6) A foundation diagram or sketch of the structure or structures
or portions of the structure or structures inspected, indicating
thereon the approximate location of any infested or infected areas
evident, and the parts of the structure where conditions that would
ordinarily subject those parts to attack by wood destroying pests or
organisms exist.
   (7) Information regarding the substructure, foundation walls and
footings, porches, patios and steps, air vents, abutments, attic
spaces, roof framing that includes the eaves, rafters, fascias,
exposed timbers, exposed sheathing, ceiling joists, and attic walls,
or other parts subject to attack by wood destroying pests or
organisms.  Conditions usually deemed likely to lead to infestation
or infection, such as earth-wood contacts, excessive cellulose
debris, faulty grade levels, excessive moisture conditions, evidence
of roof leaks, and insufficient ventilation are to be reported.
   (8) One of the following statements, as appropriate, printed in
bold type:
   (A) The exterior surface of the roof was not inspected.  If you
want the water tightness of the roof determined, you should contact a
roofing contractor who is licensed by the Contractors' State License
Board.
   (B) The exterior surface of the roof was inspected to determine
whether or not wood destroying pests or organisms are present.
   (9) Indication or description of any areas that are inaccessible
or not inspected with recommendation for further inspection if
practicable.  If, after the report has been made in compliance with
this section, authority is given later to open inaccessible areas, a
supplemental report on conditions in these areas shall be made.
   (10) Recommendations for corrective measures.
   (11) Information regarding the pesticide or pesticides to be used
for their control as set forth in subdivision (a) of Section 8538.
   (12) The inspection report shall clearly disclose that if
requested by the person ordering the original report, a reinspection
of the structure will be performed if an estimate or bid for making
repairs was given with the original inspection report, or thereafter.
   (13) The inspection report shall contain the following statement,
printed in boldface type:
   "NOTICE:  Reports on this structure prepared by various registered
companies should list the same findings (i.e. termite infestations,
termite damage, fungus damage, etc.).  However, recommendations to
correct these findings may vary from company to company.  You have a
right to seek a second opinion from another company."
   An estimate or bid for repairs shall be given separately
allocating the costs to perform each and every recommendation for
corrective measures as specified in subdivision (c) with the original
inspection report if the person who ordered the original inspection
report so requests, and if the registered company is regularly in the
business of performing corrective measures.
   If no estimate or bid was given with the original inspection
report, or thereafter, then the registered company shall not be
required to perform a reinspection.
   A reinspection shall be an inspection of those items previously
listed on an original report to determine if the recommendations have
been completed.  Each reinspection shall be reported on an original
inspection report form and shall be labeled "Reinspection" in capital
letters by rubber stamp or typewritten.  Each reinspection shall
also identify the original report by date.
   After four months from an original inspection, all inspections
shall be original inspections and not reinspections.
   Any reinspection shall be performed for not more than the price of
the registered company's original inspection price and shall be
completed within 10 working days after a reinspection has been
ordered.
   (c) At the time a report is ordered, the registered company or
licensee shall inform the person or entity ordering the report, that
a separated report is available pursuant to this subdivision.  If a
separated report is requested at the time the inspection report is
ordered, the registered company or licensee shall separately identify
on the report each recommendation for corrective measures as
follows:
   (1) The infestation or infection that is evident.
   (2) The conditions that are present that are deemed likely to lead
to infestation or infection.
   If a registered company or licensee fails to inform as required by
this subdivision and a dispute arises, or if any other dispute
arises as to whether this subdivision has been complied with, a
separated report shall be provided within 24 hours of the request
but, in no event, later than the next business day, and at no
additional cost.
   (d) When a corrective condition is identified, either as paragraph
(1) or (2) of subdivision (c), and the responsible party, as
negotiated between the buyer and the seller, chooses not to correct
those conditions, the registered company or licensee shall not be
liable for damages resulting from a failure to correct those
conditions or subject to any disciplinary action by the board.
Nothing in this subdivision, however, shall relieve a registered
company or a licensee of any liability resulting from negligence,
fraud, dishonest dealing, other violations pursuant to this chapter,
or contractual obligations between the registered company or licensee
and the responsible parties.
   (e) The inspection report form prescribed by the board shall
separately identify the infestation or infection that is evident and
the conditions that are present that are deemed likely to lead to
infestation or infection.  If a separated form is requested, the form
shall explain the infestation or infection that is evident and the
conditions that are present that are deemed likely to lead to
infestation or infection and the difference between those conditions.
  In no event, however, shall conditions deemed likely to lead to
infestation or infection be characterized as actual "defects" or as
actual "active" infestations or infections or in need of correction
as a precondition to issuing a certification pursuant to Section
8519.
   (f) The report and any contract entered into shall also state
specifically when any guarantee for the work is made, and if so, the
specific terms of the guarantee and the period of time for which the
guarantee shall be in effect.
   (g) Control service is defined as the regular reinspection of a
property after a report has been made in compliance with this section
and any corrections as have been agreed upon have been completed.
Under a control service agreement a registered company shall refer to
the original report and contract in a manner as to identify them
clearly, and the report shall be assumed to be a true report of
conditions as originally issued, except it may be modified after a
control service inspection.  A registered company is not required to
issue a report as outlined in paragraphs (1) to (11), inclusive, of
subdivision (b) after each control service inspection.  If after
control service inspection, no modification of the original report is
made in writing, then it will be assumed that conditions are as
originally reported.  A control service contract shall state
specifically the particular wood destroying pests or organisms and
the portions of the buildings or structures covered by the contract.
   (h) A registered company or licensee may enter into and maintain a
control service agreement provided the following requirements are
met:
   (1) The control service agreement shall be in writing, signed by
both parties, and shall specifically include the following:
   (A) The wood destroying pests and organisms that could infest and
infect the structure.
   (B) The wood destroying pests and organisms covered by the control
service agreement.  Any wood destroying pest or organism that is not
covered must be specifically listed.
   (C) The type and manner of treatment to be used to correct the
infestations or infections.
   (D) The structures or buildings, or portions thereof, covered by
the agreement, including a statement specifying whether the coverage
for purposes of periodic inspections is limited or full.  Any
exclusions from those described in the original report must be
specifically listed.
   (E) A reference to the original inspection report and agreement.
   (F) The frequency of the inspections to be provided, the fee to be
charged for each renewal, and the duration of the agreement.
   (G) Whether the fee includes structural repairs.
   (H) If the services provided are guaranteed, and, if so, the terms
of the guarantee.
   (I) A statement that all corrections of infestations or infections
covered by the control service agreement shall be completed within
six months of discovery, unless otherwise agreed to in writing by
both parties.
   (2) Inspections made pursuant to a control service agreement shall
be conducted by a Branch 3 licensee.  Section 8506.1 does not modify
this provision.
   (3) A full inspection of the property covered by the control
service agreement shall be conducted and a report filed pursuant to
subdivision (b) at least once every three years from the date that
the agreement was entered into, unless the consumer cancels the
contract within three years from the date the agreement was entered
into.
   (4) A written report shall be required for the correction of any
infestation or infection unless all of the following conditions are
met:
   (A) The infestation or infection has been previously reported.
   (B) The infestation or infection is covered by the control service
agreement.
   (C) There is no additional charge for correcting the infestation
or infection.
   (D) Correction of the infestation or infection takes place within
45 days of its discovery.
   (E) Correction of the infestation or infection does not include
fumigation.
   (5) All notice requirements pursuant to Section 8538 shall apply
to all pesticide treatments conducted under control service
agreements.
   (6) For purposes of this section, "control service agreement"
means any agreement, including extended warranties, to have a
licensee conduct over a period of time regular inspections and other
activities related to the control or eradication of wood destroying
pests and organisms.
   (i) All work recommended by a registered company, where an
estimate or bid for making repairs was given with the original
inspection report, or thereafter, shall be recorded on this report or
a separate work agreement and shall specify a price for each
recommendation.  This information shall be provided to the person
requesting the inspection, and shall be retained by the registered
company with the inspection report copy for three years.
8516.5.  Any registered company that makes an inspection of any
property relating to the absence or presence of wood destroying pests
or organisms on such property and makes a report of such inspection
shall furnish a copy of the report either to the owner of the
property or to the agent of the owner, within 10 working days after
the date the inspection is commenced, except an inspection report
prepared for use by an attorney for litigation is not required to be
furnished.
8517.  Any work contract, billing, agreement, letter of work
completed, or other correspondence or document expressing an opinion
or making a statement relating to the presence or absence of wood
destroying pests or organisms or nondecay fungi, shall refer to the
inspection report required by Section 8516.  These documents shall
indicate specifically whether all of the recommended work as set
forth in the inspection report was completed, or, if not, the
document shall indicate specifically which recommendations were not
completed.
8518.  When a registered company completes work under a contract, it
shall prepare, on a form prescribed by the board, a notice of work
completed and not completed, and shall furnish that notice to the
owner of the property or the owner's agent within 10 working days
after completing the work.  The notice shall include a statement of
the cost of the completed work and estimated cost of work not
completed.
   The address of each property inspected or upon which work was
completed shall be reported on a form prescribed by the board and
shall be filed with the board no later than 10 working days after
completed work.
   Every property upon which work is completed shall be assessed a
filing fee pursuant to Section 8674.
   Failure of a registered company to report and file with the board
the address of any property upon which work was completed pursuant to
subdivision (b) of Section 8516 or Section 8518  is grounds for
disciplinary action and shall subject the registered company to a
fine of not more than two thousand five hundred dollars ($2,500).
   The registered company shall retain for three years all original
notices of work completed, work not completed, and activity forms.
   Notices of work completed and not completed shall be made
available for inspection and reproduction to the executive officer of
the board or his or her duly authorized representative during
business hours.  Original notices of work completed or not completed
or copies thereof shall be submitted to the board upon request within
two business days.
8519.  Certification as used in this section means a written
statement by the registered company attesting to the statement
contained therein relating to the absence or presence of
wood-destroying pests or organisms and, listing such recommendations,
if any, which appear on an inspection report prepared pursuant to
Section 8516, and which relate to (1) infestation or infection of
wood-destroying pests or organisms found, or (2) repair of
structurally weakened members caused by such infestation or
infection, and which recommendations have not been completed at the
time of certification.
   Any registered company which makes an inspection report pursuant
to Section 8516, shall, if requested by the person ordering  the
inspection report, prepare and deliver to that person or his or her
designated agent, a certification, to provide:
   (a) When the inspection report prepared pursuant to Section 8516
has disclosed no infestation or infection:  "This is to certify that
the above property was inspected on ____ (date) in accordance with
the Structural Pest Control Act and rules and regulations adopted
pursuant thereto, and that no evidence of active infestation or
infection was found in the visible and accessible areas."
   (b) When the inspection report prepared pursuant to Section 8516
discloses infestation or infection and the notice of work completed
prepared pursuant to Section 8518 indicates that all recommendations
to remove that infestation or infection and to repair damage caused
by that infestation or infection have been completed:  "This is to
certify that the property described herein is now free of evidence of
active infestation or infection in the visible and accessible areas."
   (c) When the inspection report prepared pursuant to Section 8516
discloses infestation or infection and the notice of work completed
prepared pursuant to Section 8518 indicates that the registered
company has not completed all recommendations to remove that
infestation or infection or to repair damage caused by it:  "This is
to certify that the property described herein is now free of evidence
of active infestation or infection in the visible and accessible
areas except as follows:  ____ (describing infestations, infections,
damage or evidence thereof, excepted)."
   This certificate shall be accompanied by a copy of the inspection
report prepared pursuant to Section 8516, and by a copy of the notice
of work completed prepared pursuant to Section 8518, if any notice
has been prepared at the time of the certification, or the
certification may be endorsed on and made a part of that inspection
report or notice of work completed.
8519.5.  (a) After an inspection report has been prepared by a
Branch 3 registered company pursuant to Section 8516, which discloses
a wood destroying pest that can be eradicated by fumigation, and the
fumigation has been duly performed by a Branch 1 registered company,
the Branch 1 registered company, on a company document that
identifies the licensee performing the fumigation and the name and
address of the registered company, shall issue the following
certification:  "This is to certify that the property located at ____
(address) was fumigated on ____ (date) for the extermination of ____
(target pest)."  This certification shall be issued to the person
ordering the fumigation and to the registered company that prepared
the inspection report within five working days after completing the
fumigation.
   (1) Where a consumer has authorized a Branch 3 registered company
to subcontract the fumigation to a Branch 1 registered company, a
copy of the certification shall accompany any reinspection report,
notice of work completed pursuant to Section 8518, or any
certification issued by the Branch 3 company.
   (2) Where the consumer has elected to contract directly with a
Branch 1 registered company to perform a fumigation, the distribution
of any documents pertinent to the fumigation shall be the
responsibility of the Branch 1 registered company.
   (b) In the event of a failed fumigation performed by a Branch 1
registered company that has contracted directly with the consumer,
the Branch 1 registered company shall do all of the following:
   (1) Verify the need for a refumigation.
   (2) Maintain with the original inspection report, on a company
document, all of the following:
   (A) The name of the current owner of the structure fumigated, the
address of the structure, and the date of the failed fumigation.
   (B) An explanation of the need for refumigation.
   (C) The proposed date for the refumigation.
   (3) Within five working days after the completion of the
refumigation, the Branch 1 registered company, on a company document,
shall file with the current owner, and the Branch 3 registered
company whose report was used for the original fumigation,
information regarding the completion of the refumigation, a new
certification, and any warranty or guarantee.