Structural Pest Control and Pesticides - Official Waiver of Minimum Termite Requirements
Background
For many years PCO's have used the "North Carolina Official Waiver of Minimum Requirements for the Control of Subterranean Termites in Structures" (Waiver) as a method of tailoring subterranean termite treatments to specific structures when it is not possible or unnecessary to treat the structural according to the Structural Pest Control Rules. The Structural Pest Control Division (SPCD) recognizes the necessity of this practice and the Waiver as the appropriate mechanism to accomplish it. However, as necessary as the Waiver is, it is equally necessary for the SPCD to have a mechanism to prevent its abuse and to ensure that the property owner is advised, in writing, as required by the rules, of the type and quality of work to be performed on their property.
Regulatory Authority for Proposed Policy
2 NCAC 34 .0601 Agreements
a) Before any treatment is started, the license or his authorized agent shall execute, and furnish to the property owner or his authorized agent, a written proposal informing the property owner or his authorized agent, in detail, as to the type and quality of work that is to be performed. The written proposal shall contain that information specified in Rule.0605 of this Section, and upon written acceptance by the property owner or authorized agent, shall suffice as a written agreement.
b) The license or his authorized agent shall, within 14 days of beginning a treatment, execute a written agreement with the property owner or his authorized agent in conformance with Rule.0605 of this Section. During the 14 day period, the Division will use the written proposal as its standard of enforcement. Following the 14-day period and in the absence of an executed written agreement, the Division will apply Rule .0503,.0505, or .0506 of this Chapter, as applicable, as its standard of enforcement.
2 NCAC 34 .0603 Waivers
a) If there are any deviations or omissions from the minimum requirements for the control or prevention of wood-destroying organisms or pests, as set forth in these Rules, each deviation or be fully explained, in writing, prior to any work being done, on the waiver form(s) prescribed by the Committee.
b) The waiver must be prepared in accordance with Rule .0601 of this Section and, upon written acceptance by the property owner, shall become a permanent part of the written agreement.
c) An incomplete waiver form shall not be accepted. A retroactive waiver form may be accepted if mutually agreed upon by the structural pest control license and the homeowner.
Enforcement Policy
Objective:
To provide for the continued use, not abuse, of the Waiver, to ensure both the property owners' understanding of what will be done in treating their property and their ability to evaluate subterranean termite treatment proposals against one another and to ensure adequate enforcement capability by the SPCD.
Enforcement:
Unsigned Waiver Forms will not be accepted under any circumstances. Properly completed Waiver Forms must include the following information, in addition to filling any blanks and checking items to be waived:
1. A description of the actual item or part of the structure not treated, (e.g. pillars, foundation walls, porches, step buttresses, etc).
2. The location or other descriptive information identifying exactly where the untreated portion of the structural is (e.g. front porch, slab in utility room, front foundation wall, etc).
3. A statement, in Section V, that the treatment is or is not covered by a service agreement (warranty or guarantee).
In determining the adequacy of the explanation on the Waiver, the inspector must consider: Can the property owner determine exactly what areas of their property are to be treated and how? As part of this enforcement effort each inspector must check the property owner's copy of the Waiver Form both during routine and requested inspections.
Waiver Forms lacking an explanation of items waived, or incomplete in other significant respects, will not be accepted. A minor deviation would be charged for the incomplete Waiver under .0603(a) in addition to the deviations in the treatment resulting from the lack of an acceptable waiver .0603(c).
Waiver Forms with an explanation which does not adequately explain the quality or extent of the treatment may be written up as described above for Waivers without an explanation or as described below for Waivers which are incomplete depending on the degree of the deficiency in the explanation. If the explanation clearly lacks sufficient detail to describe the item or location of the item waived, deviations will be charged for both the incomplete waiver and the treatment deficiency(ies).
A minor deviation will be charged for Waiver Forms which are incomplete in other respects not affecting the property owner's ability to understand the quality or extent of treatment.
For questions or if additional assistance is required, please contact the NCDA&CS Structural Pest Control Section at 984-236-4625. Directions
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