W. Va. Code R. § 61-12C-8

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

Section 61-12C-8 - Exceptions to this Rule

8.1. When a licensed pesticide application business in the category of structural pest control is doing wood destroying insect control or Pre-treatment to control termites according to specifications set forth in a bid proposal which do not meet the minimum requirements set forth in this rule, the pesticide application business is not in violation of this rule provided that the specifications under which he is working are available to the Commissioner and that the application does not conflict with the label of the pesticide being used for wood destroying insect control.

8.2. When any unusual structural or physical conditions render it impractical to comply with all of the minimum requirements of this rule, the pesticide application business is not in violation of the provisions of this rule provided the unusual condition has been explained in writing to the person purchasing the service and that the parts of the structure being treated which are not involved in the unusual condition are treated according to the minimum requirements of this rule.

8.3. When the treatment of wood-destroying beetles is required to facilitate the immediate closing in the sale and transfer of real estate or is required in the protection of log homes, the pesticide application business is not in violation for treatments not made in accordance with sub-sections 7.1 and 7.2 of this rule.

8.4. When fumigation is required to facilitate the immediate closing in the sale or transfer of real estate and the pesticide application business cannot provide at least 48 hours prior notice of treatment, the pesticide application business is not in violation of paragraph 7.3.b of this rule, provided the circumstances which did not allow prior notification are available to the commissioner.

W. Va. Code R. § 61-12C-8