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California Termite Regulatory Agencies and Legal Info


California Regulatory Agencies dealing with Termites

California Structural Pest Control Board
1418 Howe Avenue, Suite 18
Sacramento, CA 95825
916-561-8700 (Admin.)
916-561-8704 (Exams, Lic., Records)
916-263-2469 (Fax)

On the web at: California Structural Pest Control Board

California Environment Protection Agency
Dept. of Pesticide Regulation
1020 N. Street, Room 300
Sacramento, CA 95814
916-445-4038
916-445-4033 (Fax)

On the web at: California Environmental Protection Agency

Dept. of Pesticide Regulation
Mailing address:
1001 I Street, P.O. Box 4015
Sacramento, CA 95812-4015

On the web at: California Department of Pesticide Regulation

California Law

The Following is a selection from the California Business and Professions code related to California Termite Inspection Requirements

http://leginfo.ca.gov/calaw.html

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.


Termite Case Law in California

Key California Termite Cases:

Seelenfreund v. Terminix of Northern Cal., Inc., 84 Cal. App. 3d 133, 148 Cal. Rptr. 307 (1st Dist. 1978)

Hardy v. Carmichael, 207 Cal. App. 2d 218, 24 Cal. Rptr. 475 (2d Dist. 1962)

 

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