Arizona – Termite Public Service

Posted: August 12, 2018 at 8:40 pm

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9535 East Doubletree Ranch Rd,Scottsdale, AZ 85258-5514

800-223-0618 (AZ residents only)

Arizona Office of Pest Management

1688 W AdamsPhoenix, AZ 85007(800) 223-0618(602) 255-3664(602) 542-3579

The following is a selection from the Arizona State Code related to Termite Treatment Licensing.

32-2323. Wood-destroying insects; treatment proposal; registration form; fee

A. A business licensee shall not commence work on a contract or sign, issue or deliver any documents expressing an opinion or making a statement relating to the presence or absence of wood-destroying insects in a structure until an inspection is made.

B. Only an applicator or qualifying party licensed in the categories of wood-destroying insect management and wood-destroying insect inspection shall prepare a treatment proposal on a form approved by the acting director and shall deliver a copy of the treatment proposal to the person requesting the proposal, or the persons designated agent, before beginning treatment. The treatment proposal shall include the following information:

1. The address of the property to be treated.

2. A statement describing that the work is preventative or corrective.

3. A statement describing the evidence of infestation or damage.

4. A diagrammatic description showing the nature and location of evidence of infestation or damage, or both, if applicable.

5. A statement describing the treatment or repair method, including the name of the pesticide, agent or device to be used and a diagrammatic description showing where the treatment or repair will be rendered.

6. The price for the work.

7. The terms for the service agreement provided by the business licensee.

8. The signature and license number of the person who made the inspection of the structure to be treated.

C. A licensee shall also give to the person requesting a proposal a written recommendation that verifies a particular problem and, in addition to the licensees recommendation for treatment, shall advise the person of alternative treatments and methods, including integrated pest management methods to alleviate the problem.

D. A treatment proposal shall not be in the same form or be construed as a wood-destroying insect inspection report. A treatment proposal that does not identify infestation by wood-destroying insects is not a binding statement as to the presence or absence of wood-destroying insects.

E. A treatment proposal shall be prepared by a licensed applicator or qualifying party who has received at least five hours of instruction from the office or an in-house education program of a business licensee on the subject of wood-destroying insect inspections. An examination on the instruction is not required. The business licensee shall keep a record of completion of the training and shall make the record available on the acting directors request.

F. If a business licensee performs a treatment pursuant to a treatment proposal, the business licensee shall maintain for five years a record of the treatment and the name and quantity of the pesticide used.

G. Within thirty calendar days after completion of a termite treatment or on the next business day after the thirty calendar days, a business licensee shall file with the office in a form or format approved by the acting director a complete and accurate termite action registration form and a fee as prescribed by the acting director. The termite action registration form shall include information prescribed in section 32-2321, subsection C, paragraph 11 and this section. This subsection only applies to the following:

1. Any treatments done before or during construction, including final grade treatments.

2. The first preventative or corrective termite treatment by a business licensee to a site. If the business licensee who performed this termite treatment performed the before or during construction treatment at the same site and filed a termite action report form with the office documenting the before or during construction treatment, the business licensee is exempt from this paragraph.

3. A wood-destroying insect inspection report.

32-1160. Claim for termite damages; notice and offer of settlement; applicability; definition

A. At least thirty days before filing suit against a contractor for money damages resulting from termites, a claimant shall give written notice to that contractor at that contractors last known address, specifying in reasonable detail the facts that are the subject of the complaint. Within ten days after the date the contractor receives the notice, the contractor may request an opportunity to inspect the premises and may make a written offer to the claimant that may include an agreement by the contractor to inspect, treat, repair or have repaired at the contractors expense any area damaged by the termites and shall describe in reasonable detail the kind of repairs or treatment offered. If accepted, the repairs or treatment shall be made within forty-five days after the date the contractor receives written notice of acceptance of the offer of compromise, unless completion is delayed by the claimant or by other events beyond the control of the contractor. Failure to provide a written notice or refusal to allow a contractor to inspect the premises for termite damage and provide a retreatment program shall create a rebuttable presumption that the damages could have been mitigated.

B. The notice prescribed by subsection A is not required if the claimant must file suit at an earlier date to prevent expiration of the statute of limitations or if the complaint is asserted as a counterclaim.

C. This section does not create an implied warranty or extend any limitation period. This section applies only to a claim for money damages to a residence or an appurtenance to a residence resulting from termites and for which suit is filed after the effective date of this section.

D. For purposes of this section contractor means a person or entity, including any subsidiaries, parents, partners or affiliates, that contracts with a claimant for the construction or sale of a new residence constructed by that person or entity, or for an alteration of or addition to an existing residence, repair of a new or existing residence, or construction, sale, alteration, addition or repair of an appurtenance to a new or existing residence.

Key Arizona Termite Cases:

Sheibels v. Estes Homes, 161 Ariz. 403, 778 P.2d 1299 (1989)

Hill v. Jones, 151 Ariz. 81, 725 P.2d 1115 (1986)

Originally posted here:
Arizona – Termite Public Service

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