SECTIONS 8550-8556 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 8550-8556

8550. (a) It is unlawful for any individual to engage or offer to
engage in the business or practice of structural pest control, as
defined in Section 8505, unless he or she is licensed under this
chapter.
(b) Notwithstanding subdivision (a), an unlicensed individual may
solicit pest control work on behalf of a structural pest control
company only if the company is registered pursuant to this chapter,
and the unlicensed individual does not perform or offer to perform
any act for which an operator, field representative, or applicator
license is required pursuant to this chapter. As used in this
subdivision, to "solicit pest control work" means to introduce
consumers to a registered company and the services it provides, to
distribute advertising literature, and to set appointments on behalf
of a licensed operator or field representative.
(c) It is unlawful for an unlicensed individual, soliciting pest
control work on behalf of a registered structural pest control
company pursuant to subdivision (b), to perform or offer to perform
any act for which an operator, field representative, or applicator
license is required, including, but not limited to, performing or
offering pest control evaluations or inspections, pest
identification, making any claims of pest control safety or pest
control efficacy, or to offer price quotes other than what is
provided and printed on the company advertising or literature, or
both.
(d) It is also unlawful for any unlicensed individual to offer any
opinion, or to make any recommendations, concerning the need for
structural pest control work in general, or in connection with a
particular structure.
(e) It is unlawful for any firm, sole proprietorship,
partnership, corporation, association, or other organization or
combination thereof to engage or offer to engage in the practice of
structural pest control, unless registered in accordance with Article
6 (commencing with Section 8610).

8551. It is unlawful for any unlicensed person to perform
fumigation with dangerous or lethal fumigating chemicals in any
public structure, including rooming houses, or households when used
as public structures, hotels, apartment houses, or any part thereof.

8551.5. No unlicensed individual in the employ of a registered
company shall apply any pesticide, rodenticide, or allied chemicals
or substances for the purpose of eliminating, exterminating,
controlling, or preventing infestation or infections of pests, or
organisms included in Branch 2 or Branch 3. However, an individual
may, for 30 days from the date of employment, apply pesticides,
rodenticides, or allied chemicals or substances for the purposes of
training under the direct supervision of a licensed field
representative or operator employed by the company. This direct
supervision means in the presence of the licensed field
representative or operator at all times. The 30-day time period may
not be extended.

8552. It is unlawful for any person to advertise or represent in
any manner that any pest control work, in whole or in part, has been
done upon any structure, unless the work has been performed by a
company registered under this chapter.

8553. Any person who violates any provision of this chapter, or who
conspires with another person to violate any provision of this
chapter, is guilty of a misdemeanor, and is punishable by a fine of
not less than one hundred dollars ($100) nor more than one thousand
dollars ($1,000), or by imprisonment in the county jail for not more
than six months, or by both such fine and imprisonment.

8554. No individual engaged in the business or acting in the
capacity of an operator may bring or maintain an action in any court
of this state for the collection of compensation for the performance
of any act or contract without alleging and proving that he or she
was a duly licensed operator at all times during the performance of
such act or contract.
No firm, partnership, corporation, association or other
organization or combination thereof engaged in the practice of
structural pest control may bring or maintain an action in any court
of this state for the collection of compensation for the performance
of any act or contract without alleging and proving that it was a
duly registered company at all times during the performance of the
act or contract.
Nothing herein shall prohibit the bringing or maintaining an
action for the collection of compensation in the event of a
suspension or revocation of a license or company registration by the
board, if the order of suspension or revocation authorized the
performance of the act or work, compensation for which the action is
brought or maintained.

8555. This chapter does not apply to:
(a) Public utilities operating under the regulations of the Public
Utilities Commission, except to work performed upon property of the
utilities not subject to the jurisdiction of the Public Utilities
Commission or work done by the utility for hire.
(b) Persons engaged only in agricultural pest control work under
permit or license by the Department of Pesticide Regulation or a
county agricultural commissioner.
(c) Pest control performed by persons upon property that they own,
lease or rent, except that the persons shall be subject to the
limitations imposed by Article 3 of this chapter.
(d) Governmental agencies, state, federal, city, or county
officials, and their employees while officially engaged.
(e) Authorized representatives of an educational institution or
state or federal agency engaged in research or study of pest control,
or engaged in investigation or preparation for expert opinion or
testimony. A professional engaging in research, study, investigation,
or preparation for expert opinion or testimony on his or her own
behalf shall comply with the requirements of this chapter.
(f) Certified architects and registered civil engineers, acting
solely within their professional capacity, except that they shall be
subject to the limitations imposed by Article 3 of this chapter.
(g) Persons engaged in the live capture and removal or exclusion
of vertebrate pests, bees, or wasps from a structure without the use
of pesticides, provided those persons maintain insurance coverage as
described in Section 8692. "Vertebrate pests" include, but are not
limited to, bats, raccoons, skunks, and squirrels, but do not include
mice, rats, or pigeons. This section does not exempt a person from
the provisions of Chapter 1.5 (commencing with Section 2050) of
Division 3 of the Fish and Game Code.

8556. (a) Licensed contractors acting in their capacity as such,
may remove and replace any structure or portions of a structure
damaged by wood destroying pests or organisms if that work is
incidental to other work being performed on the structure involved or
if that work has been identified by a structural pest control
inspection report. Licensed contractors acting in their capacity as
such may apply wood preservatives directly to end cuts and drill
holes of pressure treated wood, and to foundation wood as required by
building codes, as well as to fencing and decking, by brush, dip, or
spray method and need not obtain a license under this chapter for
performance of that work, provided a disclosure in the following form
is submitted to the customer in writing: "The application of a wood
preservative is intended to prevent the establishment and flourishing
of organisms which can deteriorate wood. If you suspect pest
infestation or infection, contact a registered structural pest
control company prior to the application of a wood preservative."
These exemptions do not authorize the performance of any other
acts defined in Section 8505.
(b) A licensed contractor may contract for the performance of any
soil treatment pest control work to eliminate, exterminate, control,
or prevent infestations or infections of pests or organisms in the
ground beneath or adjacent to any existing building or structure or
in or upon any site upon which any building or structure is to be
constructed, but the actual performance of any such work must be done
by a registered structural pest control company.