SECTION 7.174. Termite Treatment Disclosure Documents  


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  • (a) As part of each written estimate submitted and before conducting an initial termite treatment for a customer, the pest control company proposing the treatment must present the prospective customer or designee with the disclosure documents. Verbal estimates may be provided to customers to advise of a general range of treatment costs, but a written estimate must be provided before offering a contract and beginning a treatment.

    (b) Each termite treatment disclosure document must include, but is not limited to:

      (1) a diagram or blueprint or building plat and description of the structure or structures to be treated to include the following:

        (A) the address or physical location;

        (B) perimeter measurements of the structure as accurately as practical;

        (C) areas of active or previous termite activity;

        (D) areas to be treated;

      (2) a label for any pesticide recommended or used. If a physical device is used, the appropriate unit of measurement of the physical device must be recorded and a diagram describing the installation must be provided.

      (3) the complete details of the warranty provided if any; including:

        (A) if the warranty does not include the entire structure treated, the areas included must be listed;

        (B) the time period of the warranty;

        (C) the renewal options and cost;

        (D) the obligations of the pest control operator to retreat for termite infestations or repair damage caused by termite infestations within the warranty period; and

        (E) conditions that could develop as a result of the owners action or inaction that would void the warranty; and

        (F) name of the pest control company responsible for the warranty.

      (4) the signature of approval on the diagram by a certified applicator or licensed technician in the termite category employed by the company making the proposal.

      (5) the concentration of termiticide used or minimum number of bait stations to be installed.

      (6) for subterranean termite post construction treatments the following statements and definitions in at least 8-point type: A termite treatment may be a partial treatment or spot treatment using termiticide, approved physical barriers or a baiting system. These types of treatments are defined as follows:

        (A) Partial. This technique allows a wide variety of treatment strategies but is more involved than a spot treatment (see definition below). Ex.: treatment of some or all of the perimeter, bath traps, expansion joints, stress cracks, portions of framing, walls and bait locations.

        (B) Pier and Beam. Generally defined as the treatment of the outer perimeter including porches, patios and treatment of the attached garage. In the crawl space, treatment would include any soil to structure contacts as well as removal of any wood debris on the ground.

        (C) Slab Construction. Generally defined as treatment of the perimeter and all known slab penetrations as well as any known expansion joints or stress cracks.

        (D) Spot Treatments. Any treatment which concerns a limited, defined area less than ten (10) linear or square feet that is intended to protect a specific location or "spot". Often there are adjacent areas that are susceptible to termite infestation which are not treated.

        (E) Baiting Systems. This type of treatment may include interior and/or perimeter placement of monitoring or baiting systems along with routine inspection intervals. The baiting technique may include one or more locations as prescribed by the product label and instructions.

        (F) Barriers. If a physical device is used, the square footage of the physical device must be recorded and a diagram describing the installation will be provided.

      (7) For all termite treatments the following statement in at least 8-point type: For all treatments there will be a diagram showing exactly what will be treated. Treatment specifications and warranties for those treatments may vary widely. Review the pesticide label provided to you for minimum treatment specification. If you have any questions, contact the pest control company or the Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711-2847. Telephone number (866) 918-4481.

      (8) For any pre-construction treatment, the Proper Pre-construction Subterranean Termite Treatments - A Guide for Builders and Consumers, must be provided to, and signed by, the contractor or purchaser of the pretreatment service prior to the beginning of the treatment. A signed copy must be kept in the pest control use records of the licensee. The text and format of the termite pre-treatment disclosure document is available on the Structural Pest Control Service website at: http://www.tda.state.tx.us/spcs/, or by contacting the Texas Department of Agriculture at the address provided in subsection (b)(7) of this section.

      (9) For drywood termite and related insect treatments the following statements and definitions in at least eight (8) point type: A drywood termite or related insect treatment may be a full treatment or spot treatment. These types of treatments are defined as follows:

        (A) Full Treatment: Generally defined as a treatment to control 100% of the insect infestation by tarpaulin fumigation or appropriate sealing method. A full treatment by fumigation is designed to eliminate every insect colony. It should include the infested structure and all attached structures.

        (B) Spot Treatment: Any treatment less than a full treatment by tarpaulin fumigation. This treatment should be considered only when a drywood termite or related insect infestation has a limited and defined area of infestation. Adjacent areas susceptible to dry wood termite or related insect infestations are not treated. Because of the nature of wood destroying insects, these untreated areas may continue to harbor dry wood termites and unrelated insects throughout the structure without detection.

      (10) A consumer information sheet as required by §7.147 of this title (relating to Consumer Information Sheet).

    (c) Before conducting an initial termite treatment, the pest control company proposing the treatment must present the customer or designees with a diagram or blueprint or building plat and description of the structure(s) to be treated including the following:

      (1) construction details needed for clarity of the report;

      (2) known wood destroying insect activity;

      (3) areas of conditions conducive to infestation by wood destroying insects; and

      (4) other information about construction relevant to the treatment proposal.

    (d) For a retreatment of a property for an existing customer, the pest control company must provide the following before conducting the retreatment:

      (1) the label;

      (2) a diagram or updated diagram of the structure showing areas to be treated;

      (3) any changes to the warranty information;

      (4) a consumer information sheet as required by §7.147 of this title.

Source Note: The provisions of this §7.174 adopted to be effective September 1, 1987, 12 TexReg 901; amended to be effective December 29, 1994, 19 TexReg 10358; amended to be effective October 10, 1995, 20 TexReg 7829; amended to be effective March 5, 1996, 21 TexReg 1543; amended to be effective January 1, 1997, 21 TexReg 10535; amended to be effective July 8, 1997, 22 TexReg 6099; amended to be effective September 1, 1998, 23 TexReg 134; amended to be effective December 23, 1998, 23 TexReg 12919; amended to be effective September 1, 2000, 25 TexReg 5634; amended to be effective June 5, 2003, 28 TexReg 4280; amended to be effective October9,2005, 30 TexReg 6269; amended to be effective January 8, 2007, 32 TexReg 93; transferred effective September 1, 2007, as published in the Texas Register August 17, 2007, 32 TexReg 5189; amended to be effective December 11, 2008, 33 TexReg 9989