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Tennessee Department of Agriculture
Division of Plant Industries
P.O. Box 40627
Nashville, TN 37204
615-360-0799
615-360-0757 (Fax)

WEB:
Dept. of Agriculture:
Tennessee Department of Agriculture

Division of Plant Industries:
Tennessee State Relations – Division of Plant Industries

 

Tennessee Law

The Following is a selection from the Tennessee State code in reference to Termite Inspection requirements.

 

http://www.michie.com/tennessee/lpext.dll?f=templates&fn=main-h.htm&cp=tncode

 

Title 62. Professions, Businesses and Trades

 

Chapter 21. Pest Control Operators

 

Part 2. Wood Destroying Insect Infestation Inspection Reports

 

62-21-201. Report issuance;  inspections;  persons authorized

 

Wood destroying insect infestation inspection reports, as defined in this chapter,

issued in conjunction with the sale or transfer of any real property shall only be

issued by a chartered pest control operator licensed, or employing personnel

licensed, in the category of wood destroying organisms. Only those persons

licensed in the category of wood destroying organisms or certified in the category

of industrial, institutional, structural and health related pest control working

under the direct supervision of one licensed in the category of wood destroying

organisms are authorized to conduct inspections for wood destroying insect

infestation reports.

 

62-21-202. Report contents; warranty;  liability

 

 

(a) A wood destroying insect infestation inspection report issued by a chartered

pest control operator evidences the presence or absence of visible wood destroying

insects and the presence or absence of visible damage caused by such insects noted

on the day the inspection is made.  Obstructions and inaccessible areas shall be

so noted in the report.

 

(b) The wood destroying insect infestation inspection report shall be submitted on

forms prescribed by the National Pest Management Association and the department of

housing and urban development.  In addition to other information, the report shall

include the address of the property, a graph or other diagram showing the layout

of the property, the areas of damage or active infestation (if any), the name of

the licensed or certified employee conducting the inspection, the pest control

operator name, address and charter number, the date of the inspection and any

recommendations for corrective action.

 

 

(c) Notwithstanding any provision of law to the contrary, a wood destroying insect

infestation inspection report is a warranty for ninety (90) days of the accuracy

of any representations in such inspection report.

 

(d) The person to whom a wood destroying insect infestation inspection report is

issued may recover from the warrantor for breach of warranty compensatory damages,

including all repair costs which are proximately related to the warranty as

provided in s 62-21-203.

 

(e) Any person knowingly issuing a false report or who issues a report without

making a physical inspection of the site shall be liable in treble the amount of

damages resulting from or incident to the breach of the warranty.  The party

injured by such breach may bring suit for the breach and for such damages.

 

 

62-21-203. Actions;  inspection and repair proposal

 

Disputes which cannot be resolved between property owners, lenders, and/or

trustees and persons issuing a wood destroying insect infestation inspection

report may be resolved in a court of appropriate jurisdiction.  Prior to filing a

suit for compensatory damages, the issuer of the report shall be given an

opportunity to inspect the premises and to offer within thirty (30) days of such

inspection a proposal for repair and treatment of the premises. Notwithstanding

any other provision of law or rule to the contrary, if the property owner files

suit prior to offering the issuer of the report an opportunity to inspect and

propose repairs and treatments as required by this section, the issuer of the

report shall have, in addition to the thirty (30) days in which to answer the

complaint as provided in Rule 12 of the Tennessee Rules of Civil Procedure,

another thirty (30) days from the service of the summons and complaint within

which to inspect and propose repairs and treatments before being required to

answer the complaint.  No property owner or lender shall be required to engage in

an alternate dispute resolution process before filing a suit for compensatory

damages.

 

 

62-21-204. Commercial pest control operation;  effect of assets transfer

 

When the assets of a commercial pest control operation that issues wood destroying

insect infestation inspection reports or performs other services relating to wood

destroying organisms are sold or transferred, or any servicing or financing rights

are transferred, any contracts for wood destroying insect infestation inspections

or other services which are a part of such assets or which are subject to such

servicing or financing rights, shall be enforceable against the persons or

entities to which such assets, servicing or financing rights are transferred.

 

 

62-21-205. Violations;  penalty

 

Any person issuing a wood destroying insect infestation inspection report who does

not hold a valid commercial pest control charter and who is not licensed in the

category of wood destroying organisms is in violation of this chapter and commits

a Class A misdemeanor punishable only by a fine of not more than two thousand five

hundred dollars ($2,500).

 

 

62-21-206. Rules and regulations

 

The commissioner has the authority, pursuant to the Uniform Administrative

Procedures Act, compiled in title 4, chapter 5, to promulgate all necessary rules

and regulations concerning the provisions of this part.

 


Case Law

Key Tennessee Termite Cases:

Bostaph v. Laws, 841 S.W.2d 330 (Tenn. Ct. App. 1992)

Fuller v. Orkin Exterminating Co., Inc., 545 S.W.2d 103 (Tenn. Ct. App. 1975)

 

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