Texas Register, Volume 25, Number 11, Pages 2223-2484, March 17, 2000 Page: 2,272
2223-2484 p. ; 28 cm.View a full description of this periodical.
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Comments on the proposal may be submitted to Frank M. Crull,
General Counsel, Structural Pest Control Board, 1106 Clayton
Lane #100LW, Austin, Texas 78723.
The amendment is proposed under Tex.Rev.Civ.Stat.Ann., Ar-
ticle 135b-6, which provides the Structural Pest Control Board
with the authority to license and regulate the structural pest con-
trol industry.
The following is the (statutes, articles or code) that are affected
by this rule. Rule Number Statute, Article or Code 595.6 Article
135b-6 595 Compliance and Enforcement
595.6. Pest Control Sign.
(a) A pest control sign must be provided by the licensee to
the owner or manager at least 48 hours prior to a planned indoor
treatment at a residential rental property with five or more rental
units.
(b) A pest control sign must be provided by the licensee to
the employer or building manager at least 48 hours prior to a planned
indoor treatment at a workplace. A workplace is defined as any
nonresidence with three or more full-time paid employees which is
treated by a licensed business or a certified noncommercial applicator.
(c) A pest control sign must be provided by the licensee to
the chief administrator or building manager at least 48 hours prior
to a planned indoor treatment at a hospital, nursing home, hotel,
motel, lodge, warehouse, food-processing establishment, school or
educational institution, or day-care center.
[t)of Tbhe preenotification profAsions of subsections (a\ of
this section are waived if the customer and ce ti ed applicator sign a
statement attesting to the fact that an emergency exists that requires
immediate treatment, If the customer is not available to sign a
statement at the time of treatment, the customer's name and telephone
number shall be noted in the pest control uttse records The statement
must be kept on file with the pest control use records at the business
license location Certified noncommercial applicaters may attest to
the emergency by signing a statement attesting to the emergency an
must keep the statement on fle with the pest control use records at
their place of employment. An emergency is defined as an imminent
hazard to health or property or an imminent infestation and emergency
treatment is limited to the localized area of the emergeny.]
(d) [(e)] An indoor treatment includes a perimeter treatment
if the primary purpose of the treatment is to treat the interior of the
structure.
(e) [(f)] A person may not be considered in violation of this
section if the space to be treated is vacant, unused and unoccupied
at the time of treatment, or if extenuating circumstances require an
unplanned treatment.
(f) [(g)] Each pest control sign must be at least 8 1/2 inches
by 11 inches in size and must contain the following information with
the first line in a minimum of 24-point type (one-fourth inch) and
all remaining lines in a minimum of 12-point type (one-eighth inch).
The addition of advertising and logos to the Notice of Pest Control
Treatment is permissible to the extent that such advertising does not
interfere with the purpose of public notification of a pest control
treatment. A standard sign in Spanish is available from the Board
upon request. The sign should appear in the following format:
Figure: 22 TAC 595.6(f) [(g)]
(g) [(ht1)] In the space marked "For more information call or
contact," the telephone number where information on the pesticide(s)
used may be obtained shall be listed, such as the apartment manager,
building manager, or pest control operator.(h) [(i)] In the space marked "phone number of hotline for
pesticide information," the following wording shall be used: National
Pesticide Telecommunications Network 1-800-858-7378.
(i) [f})] If a workplace has its own pesticide information
center, the workplace center telephone number may be listed rather
than the information in subsection (h)[i)] of this section.
This agency hereby certifies that the proposal has been re-
viewed by legal counsel and found to be within the agency's
legal authority to adopt.
Filed with the Office of the Secretary of State, on March 1, 2000.
TRD-200001567
Benny M. Mathis, Jr.
Executive Director
Structural Pest Control Board
Earliest possible date of adoption: April 16, 2000
For further information, please call: (512) 451-7200
22 TAC 595.7
The Structural Pest Control Board proposes amendments to
595.7, concerning consumer information sheets. The amend-
ment specifies where and when consumer information sheet
should be left at residential and rental properties, posting of
signs for indoor treatments in the workplace, hospitals, nursing
homes, schools, day care centers, etc., requirements for school
personnel notifying parents of applications, states the official
SPCB Consumer Information Sheet be used and that copies
may be obtained from the Board in English as well as Spanish.
Benny M. Mathis, Executive Director has determined that
there will not be fiscal implications as a result of enforcing or
administering the rule. There is no estimated additional cost,
estimated reduction in cost, or estimated loss or increase in
revenue to state or local government for the first five year period
the rule will be in effect. There will be no cost of compliance with
the rule for small businesses. There will be no cost comparison
for cost per employee, cost per hour of labor or cost per $100
of sales for small or large businesses.
Benny M. Mathis, Executive Director has determined that for
each year of the first five years the rule as proposed is in effect,
the public benefits anticipated as a result of enforcing the rule as
proposed will be a better informed consumer resulting in more
protection of the public at large.
There is no anticipated cost to individuals who are required to
comply with the rule as proposed.
Comments may be submitted to Frank M. Crull, General
Counsel, Structural Pest Control Board, 1106 Clayton Lane
#100LW, Austin, Texas 78723.
The amendment is proposed under Tex.Rev.Civ.Stat.Ann., Ar-
ticle 135b-6, which provides the Structural Pest Control Board
with the authority to license and regulate the structural pest con-
trol industry.
The following is the (statutes, articles or code) that are affected
by this rule. Rule Number Statute, Article or Code 595.7 Article
135b-6 595 Compliance and Enforcement
p595.7. Consumer Information Sheet.
(a) For an indoor treatment at a private residence that is not a
rental property the certified applicator or technician shall give the pest
control information sheet to the owner of the residence before each25 TexReg 2272 March 17, 2000 Texas Register
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Texas. Secretary of State. Texas Register, Volume 25, Number 11, Pages 2223-2484, March 17, 2000, periodical, March 17, 2000; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth113921/m1/50/: accessed May 1, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.