Cal. Code Regs. tit. 16 § 1970.4

Current through Register 2024 Notice Reg. No. 49, December 6, 2024

Section 1970.4 - [Operative 1/1/2025] Structural Fumigation Disclosure Requirement

(a) The prime contractor for fumigation must possess an Occupant Fumigation Notice and Pesticide Disclosure form (Form number 43M-48, revised 10/2022, which is hereby incorporated by reference) signed by the occupant, if any, or owner or owner's agent of a structure. The prime contractor for fumigation must provide to any subcontractor for fumigation a signed copy of the Occupant Fumigation Notice and Pesticide Disclosure form. The prime contractor for fumigation and the subcontractor for fumigation must retain a signed copy of each Occupant Fumigation Notice and Pesticide Disclosure form for a period of at least three years. In the case of multi-unit structures, the owner, or owner's agent, manager or designated agent of the structure may obtain signatures and/or verify the notification of the occupants on behalf of the prime contractor.

The Occupant Fumigation Notice and Pesticide Disclosure form must state the name of the pest to be controlled, the fumigant(s) proposed to be used, the active ingredient(s) and the health cautionary statement as required under section 8538 of the code. The Occupant Fumigation Notice and Pesticide Disclosure form must also state that a lethal gas (poison) will be used in the building on indicated dates and that it is unsafe to return to the building until a certification notice for reentry is posted by the licensed fumigator. The form must also indicate that the occupant has received the prime contractor's information regarding the procedures for leaving the structure.

The properly signed form or a copy, written or electronic, thereof must be in the possession of the licensed fumigator, at the fumigation site, when the fumigant is released. Such form must be attached to and become a permanent part of the fumigation log upon completion of the fumigation.

Cal. Code Regs. Tit. 16, § 1970.4

Note: Authority cited: Section 8525, Business and Professions Code. Reference: Sections 8505.7, 8505.13 and 8538, Business and Professions Code.

Note: Authority cited: Section 8525, Business and Professions Code. Reference: Section 8505.7, 8505.13 and 8538, Business and Professions Code.

1. New section filed 5-19-78; effective thirtieth day thereafter (Register 78, No. 20).
2. Amendment filed 5-8-80; effective thirtieth day thereafter (Register 80, No. 19).
3. Amendment of subsection (a) filed 6-3-81; effective thirtieth day thereafter (Register 81, No. 23).
4. Relettering of former subsection (d) to (e) and new subsection (d) filed 6-17-85; effective thirtieth day thereafter (Register 85, No. 25).
5. Relettering of former subsection (e) to (f) and new subsection (e) filed 11-10-86; effective thirtieth day thereafter (Register 86, No. 46).
6. Amendment filed 3-23-87; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 87, No. 13).
7. Amendment of subsections (a), (d) and (e) filed 4-12-90; operative 5-12-90 (Register 90, No. 17).
8. Amendment of subsections (a), (c) and Note filed 3-6-95; operative 4-5-95 (Register 95, No. 10).
9. Amendment of subsections (a), (c) and (d), amendment of Note, and new form 43M-48 filed 4-28-98; operative 5-28-98 (Register 98, No. 18).
10. Change without regulatory effect amending subsections (c) and (f) filed 3-26-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 13).
11. Amendment of subsection (a) and repealer and new form 43M-48 filed 12-30-2005; operative 1-29-2006 (Register 2005, No. 52).
12. Amendment of subsection (a) and repealer and new Form 43M-48 filed 4-29-2008; operative 5-29-2008 (Register 2008, No. 18).
13. Amendment of subsection (a) filed 3-22-2016; operative 7/1/2016 (Register 2016, No. 13).
14. Amendment of section heading and section, repealer of Form 43M-48 (Rev. 5/07) and incorporation by reference of Form 43M-48 (Rev. 10/2022) filed 10-22-2024; operative 1/1/2025 (Register 2024, No. 43).