Ariz. Admin. Code § 3-8-201

Current through Register Vol. 30, No. 50, December 13, 2024

Section R3-8-201 - Activities that Require a License; Exemptions

A. Business license. A person doing an activity defined as the business of pest management shall first possess a valid business license, unless the person is:

1. A political subdivision;

2. Acting on behalf of a business licensee or political subdivision; or

3. Otherwise exempt by this Chapter or the PMD's statutes.

B. Qualifying party registration. A business licensee or school district shall only do an activity defined as the business of pest management if the business licensee or school district has a registered qualifying party. The business licensee or school district shall only provide pest management services in a certification category if the qualifying party is registered in that certification category.

C. Applicator licensure.

1. An individual who provides pest management services shall be a certified applicator and only provide pest management services in a certification category for which the applicator is currently certified except as provided under subsections (C)(2) and (C)(3) or as otherwise exempt by this Chapter or the PMD's statutes.

2. A certified applicator desiring to work in a category for which the applicator is not certified shall become certified in the category within 30 calendar days after beginning work in that category and shall be supervised as provided in subsection (C)(3)(c) while working in that category.

3. An individual may provide pest management services on behalf of a business licensee without being a certified applicator if the individual:

a. Is registered as an applicator of the business licensee under R3-8-207;

b. Has been registered as an applicator of the business licensee for not more than 90 calendar days out of the last 365 days; and

c. Is supervised by a certified applicator who:

i. Is certified in the category for which supervision is provided;

ii. Provides immediate supervision when the individual performs pest management services in the wood-destroying organism treatment, aquatic, or fumigation category, uses a restricted use pesticide, or uses a pesticide under an experimental use permit; and

iii. Provides direct supervision when the individual performs pest management services not covered by subsection (C)(3)(c)(ii).

4. An individual may not provide pest management services at a school, child care facility, health care institution, or food-handling establishment unless the individual is a certified applicator in the certification category for which services are being provided.

5. An individual using an animal to assist with identifying infestations or making inspections for the purpose of identifying or attempting to identify infestations shall be a certified applicator in the certification category for which services are being provided.

D. Applicator registration. An applicator may not provide pest management services on behalf of a business licensee or political subdivision unless the applicator is registered as an applicator of the business licensee or political subdivision pursuant to R3-8-207.

E. Exemptions. A person is not required to be licensed who:

1. Provides general information about a label or labeling, the identification or management of a pest, integrated pest management or the use of a registered pesticide; does not directly or indirectly charge for the information; and does not make an on-site recommendation.

2. Performs sales work that does not include:

a. Identifying on-site infestations or making inspections for the purpose of identifying or attempting to identify infestations;

b. Making written or oral inspection reports or on-site recommendations with respect to infestations; or

c. The application of pesticides or the use of devices for the purpose of eliminating, exterminating, controlling or preventing infestations.

3. Is an authorized representative of any educational institution engaged in research in the study of pest management and does not provide pest management services for hire.

4. Is a certified home inspector and documents evidence of wood-destroying organisms on a home inspection, but does not prepare a WDIIR, prepare a treatment proposal, make treatment estimates, bids, or recommendations, apply pesticides, or use devices.

5. Only uses, applies or installs home improvement articles, such as insulation, caulk and paint, that are pre-incorporated with a pesticide.

Ariz. Admin. Code § R3-8-201

Adopted by exempt rulemaking at 23 A.A.R. 1949, effective 8/9/2017.