NORTH CAROLINA GENERAL ASSEMBLY

1975 SESSION

CHAPTER 570

SENATE BILL 502

AN ACT TO AMEND THE NORTH CAROLINA STRUCTURAL PEST CONTROL LAW TO PROVIDE FOR CERTIFIED APPLICATORS AND FOR RELATED PURPOSES.

The General Assembly of North Carolina enacts:

Section 1.  G.S. 106-65.23 is hereby amended by deleting paragraph 6 and by rewriting the title and the first two paragraphs thereof as a single paragraph to read as follows:

"§ 106-65.23.  Structural pest control program of Department of Agriculture maintained; Structural Pest Control Committee maintained; appointment terms; quorum. — The Commissioner of Agriculture shall maintain a structural pest control program within the Department of Agriculture. The commissioner is authorized to appoint personnel and request funds in addition to any fees authorized in this Article to implement the rules and regulations promulgated by the Structural Pest Control Committee consistent with the State Government Reorganization Act, G.S. 143A-6. A structural pest control employee of the Department of Agriculture shall act as secretary to the Structural Pest Control Committee herein created."

Sec. 2.  The seventh paragraph of G.S. 106-65.23 is hereby rewritten to read as follows:

"Each member of the committee who is not an employee of the State shall receive as compensation for services per diem and necessary travel expenses and registration fees in accordance with the provisions as outlined for members of occupational licensing boards and currently provided for in G.S. 93B-5. Such per diem and necessary travel expenses and registration fees shall apply to the same effect that G.S. 93B-5 might hereafter be amended."

Sec. 3.  G.S. 106-65.24(2) is hereby amended by deleting the first word on line 1 thereof, "Applicant", and by inserting in lieu thereof the words, "Applicant for a license".

Sec. 4.  G.S. 106-65.24 is hereby amended by deleting subdivision (8) thereof, by renumbering subdivisions (3)-(7) as (4)-(8), and by inserting therein a new subdivision (3) to read as follows:

"(3)      Applicant for a certified applicator's identification card means any person making application to use restricted use pesticides in any phase of structural pest control."

Sec. 5.  G.S. 106-65. 25(c) is renumbered as G.S. 106-65.25(d), and G.S. 106‑65.25(b) is hereby rewritten in two subsections to read as follows:

"(b)      This Article shall not apply to any person doing work on his own property or to any regular employee of any person, firm or corporation doing work on the property of such person, firm or corporation, under the direct supervision of the person who owns or is in charge of the property on which work is being done unless a restricted use pesticide is being used. Any person, including agents or agencies of the federal, State or local governments, using a restricted use pesticide, whether it be on his own property or on the property of another in, on, or around food handling establishments, human dwellings, institutions such as schools and hospitals, industrial establishments including warehouses and grain elevators and any other structures and adjacent areas, public or private, or for the protection of stored, processed, or manufactured products in any phase of structural pest control, must (1) qualify as a certified applicator for that phase of structural pest control, or (2) be under the direct supervision of a certified applicator possessing a valid identification card for that phase of structural pest control.

(c)        Persons who (1) demonstrate to the public the proper use and techniques of application of pesticides or supervise such demonstration and/or (2) conduct field research with pesticides, and in doing so, use or supervise the use of restricted use pesticides must possess a valid certified applicator's identification card. Included in the first group are such persons as extension specialists and county agents, commercial representatives demonstrating pesticide products, and those individuals demonstrating methods used in public programs. The second group includes local, State, federal, commercial and other persons conducting field research on or utilizing restricted use pesticides.

The above standards do not apply to the following persons for purposes of these regulations:

(1)        Persons conducting laboratory type research involving restricted use pesticides; and

(2)        Doctors of medicine and doctors of veterinary medicine applying pesticides as drugs or medication during the course of their normal practice."

Sec. 6.  G.S. 106-65.26 is hereby rewritten to read as follows:

"Qualifications for certified applicator and licensee; applicants for certified applicator's identification card and license. — (a) An applicant for a certified applicator's identification card or license must present satisfactory evidence to the committee concerning his qualifications for such card or license.

(b)        Certified applicator. Each applicant for a certified applicator's identification card must demonstrate that he possesses a practical knowledge of the pest problems and pest control practices associated with the phase or phases of structural pest control for which he is seeking certification.

(c)        Licensee. The basic qualifications for a license shall be:

(1)        Qualify as a certified applicator for the phase or phases of structural pest control for which he is making application; and

(2)        Two years as an employee or owner-operator in the field of structural pest control, control of wood-destroying organisms or fumigation, for which license is applied; or

(3)        One or more years' training in specialized pest control, control of wood- destroying organisms or fumigation under university or college supervision may be substituted for practical experience. Each year of such training may be substituted for one year of practical experience; provided, however, if applicant has had less than 12 months' practical experience, the committee is authorized to determine whether said applicant has had sufficient experience to take the examination; or

(4)        A degree from a recognized college or university with training in entomology, sanitary or public health engineering, or related subjects; provided, however, if applicant has had less than 12 months' practical experience, the committee is authorized to determine whether said applicant has had sufficient experience to take the examination.

(d)        All applicants for license must have practical experience and knowledge of practical and scientific facts underlying the practice of structural pest control, control of wood-destroying organisms or fumigation. No person who has within five years of his application been convicted of or has entered a plea of guilty or a plea of nolo contendere to a crime involving moral turpitude, or who has forfeited bond to a charge involving moral turpitude, shall be entitled to take an examination or the issuance of a license under the provisions of this Article."

Sec. 7.  G.S. 106-65.27 is hereby rewritten to read as follows:

"§ 106-65.27.  Examinations of applicants; fee; license not transferable. — (a) Certified applicator. All applicants for a certified applicator's identification card shall demonstrate practical knowledge of the principles and practices of pest control and safe use of pesticides. Competency shall be determined on the basis of written examinations to be provided and administered by the committee and, as appropriate, performance testing. Testing shall be based upon examples of problems and situations appropriate to the particular phase or phases of structural pest control for which application is made and include where relevant the following areas of competency:

(1)        Label and labeling comprehension.

(2)        Safety factors associated with pesticides ‑ toxicity, precautions, first aid, proper handling, etc.

(3)        Influence of and on the environment.

(4)        Pests - identification, biology, and habits.

(5)        Pesticides ‑ types, formulations, compatibility, hazards, etc.

(6)        Equipment ‑ types and uses.

(7)        Application techniques.

(8)        Laws and regulations.

An applicant for a certified applicator's identification card shall submit with his application for examination an examination fee of ten dollars ($10.00) for each of the phases of structural pest control in which he chooses to be examined. An examination for one or more phases of structural pest control may be taken at the same time. If an applicant fails to pass an examination for one or more phases of structural pest control, he shall be entitled to take one additional examination, at a regularly scheduled examination, without the payment of another examination fee. Frequency of such examinations shall be in the discretion of the committee, consideration being given to the number of applications received, provided that a minimum of two examinations shall be given annually. The examination will cover the phase or phases of structural pest control for which application is being made. The ten dollar ($10.00) fee shall not apply to agents or agencies of the federal, State, or local governments.

(b)        License. Each applicant for an original license must demonstrate upon written examination, to be provided and administered by the committee, his competency as a structural pest control operator for the phase or phases in which he is applying for a license. Frequency of such examinations shall be in the discretion of the committee, consideration being given to the number of applications received, provided that a minimum of two examinations shall be given annually. The examination will cover the phase or phases of structural pest control for which application is being made.

An applicant shall submit with his application for examination an examination fee of twenty-five dollars ($25.00) for each of the phases of structural pest control in which he chooses to be examined. An examination for one or more phases of structural pest control may be taken at the same time. If an applicant fails to pass an examination for one or more phases of structural pest control, he shall be entitled to take one additional examination, at a regularly scheduled examination, without the payment of another examination fee. Agents or agencies of the federal, State or local governments are not exempt from this fee.

(c)        A license shall not be transferable. When there is a transfer of ownership, management of operation of a business of a license hereunder, the new owner, manager or operator (as the case may be) whether it be an individual, firm, partnership, corporation, or other entity, shall have 90 days from such sale or transfer, or until the next meeting of the committee following the expiration of said 90-day period, to have a qualified licensee to operate said business. During this 90-day period the use of any restricted use pesticide by any person representing said business agent or agency shall be by or under the direct supervision of a person possessing a valid certified applicator's identification card.

(d)        The Committee shall by regulation provide for:

(1)        Establishing categories of certified applicators, along with such appropriate subcategories as are necessary, to meet the requirements of this act;

(2)        All licensees licensed prior to October 21, 1976, to become qualified as certified applicators; and

(3)        Requalifying certified applicators thereafter as required by the federal government at intervals no more frequent than that specified by federal law and federal regulations."

Sec. 8.  Line 1 of G.S. 106-65.28(a) and line 1 of G.S. 106-65.28(a)(4) are each amended by adding immediately after the word "license" the words "or certified applicator's identification card".

Sec. 9. G.S. 106-65.28(a) is further amended by adding the words "or certified applicator" in line 1 of paragraph (2) thereof after the word "licensee", and in line 1 of paragraph (2) thereof deleting the word "Director" and inserting therein the word "Commissioner", and in line 1 of paragraph (3) thereof after the word "holder" adding the words "certified applicator".

Sec. 10. G.S. 106-65.28(a) is further amended by rewriting paragraph (6) thereof to read as follows:

"(6)      Aiding or abetting a licensed or unlicensed person or a certified applicator or a noncertified person to evade the provisions of this Article, combining or conspiring with such a licensed or unlicensed person or a certified applicator or noncertified person to evade the provisions of this Article, or allowing one's license or certified applicator's identification card to be used by an unlicensed or noncertified person."

Sec. 11.  G.S. 106-65.28 is further amended by adding thereto at the end thereof the following new paragraph (10):

"Payment, or the offer to pay, by any licensee to any party to a real estate transaction of any commission, bonus, rebate, or other thing of value as compensation or inducement for the referral to such licensee of structural pest control work arising out of such transaction."

Sec. 12.  G.S. 106-65.28(b) is hereby amended by adding words "or certified applicator's identification card" in lines 1, 3, 8, 9, 12, and 15, in each case immediately after the word "license" and deleting the word "Director" in line 5 and inserting the word "Commissioner" therein.

Sec. 13.  G.S. 106-65.28(b) is further amended by inserting in line 7 thereof after the word "license" the words "or certified applicator whose identification card"; by inserting in line 13 after the word "licensee" the words "or a certified applicator's identification card by a certified applicator"; and by inserting in line 15 after the word "licensee" and before the comma the words "or certified applicator".

Sec. 14.  G.S. 106-65.29 is hereby amended by inserting in line 6 thereof after the word "licensees" and before the period the words "and certified applicators".

Sec. 15.  G.S. 106-65.30 is hereby rewritten to read as follows:

"Inspectors; inspections and reports of violations; designation of resident agent. — For the enforcement of the provisions of this Article the commissioner is authorized to appoint one or more qualified inspectors and such other employees as are necessary in order to carry out and enforce the provisions of this Article. The inspectors shall be known as 'Structural Pest Control Inspectors'. The commissioner shall enforce compliance with the provisions of this Article by making or causing to be made periodical and unannounced inspections of work done by licensees and certified applicators under this Article who engage in or supervise any one or more phases of structural pest control as defined in G.S. 106-65.25. The commissioner shall cause the prompt and diligent investigation of all reports of violations of the provisions of this Article and all rules and regulations adopted pursuant to the provisions hereof; provided, however, no inspection shall be made by a representative of the commissioner of any property without first securing the permission of the owner or occupant thereof.

Prior to the issuance or renewal of a license or certified applicator's identification card, every nonresident owner of a business performing any phase of structural pest control work shall designate in writing to the commissioner or his authorized agent a resident agent upon whom service of notice or process may be made to enforce the provisions of this Article and rules and regulations 633 adopted pursuant to the provisions hereof or any civil or criminal liabilities arising hereunder."

Sec. 16.  G.S. 106-65.31 is hereby rewritten to read as follows:

"Annual certified applicator card and license fee; registration of servicemen, salesmen, solicitors, and estimators; identification cards. — (a) Certified applicator's card. The fee for issuance or renewal of a certified applicator's identification card for any one phase or more of structural pest control, as the same is defined in G.S. 106-65.25, shall be thirty dollars ($30.00). Certified applicator's identification cards shall expire on June 30 of each year and shall be renewed annually. All certified applicators who fail or neglect to renew their certified applicator's identification card issued under the provisions of this Article on or before June 30 of each year in which they hold a valid certified applicator's identification card but make application before October 1 of that year shall be renewed without the applicant having to be reexamined unless under the provisions of this Article the applicant is scheduled for periodic reexamination (G.S. 106-65.27(e)(2)). All applicants submitting applications for the renewal of their certified applicator's identification cards after June 30 and before October 1 of that year shall (1) not use or supervise the use of any restricted use pesticides after June 30 of that year until he has been issued a valid certified applicator's identification card and (2) pay, in addition to the annual certification fee, the sum of five dollars ($5.00) for each phase of structural pest control in which he is applying for certification before his certified applicator's identification card is renewed.

Any certified applicator whose identification card is lost or destroyed may secure a duplicate identification card for a fee of five dollars ($5.00).

The fees for a certified applicator's identification shall not apply to agents or agencies of the federal, State, or local governments.

(b)        License. The fee for the issuance of a license for any phase of structural pest control, as the same is defined in G.S. 106-65.25, shall be one hundred dollars ($100.00); provided, that when or any time after the fee for a license for any one phase is paid, the holder of said license may secure a license for either or both of the other two phases for an additional fee of fifty dollars ($50.00) per license phase. Licenses shall expire on June 30 of each year and shall be renewed annually. Any licensee who fails or neglects to renew any license issued under the provisions of this Article on or before August 1 of each year shall pay, in addition to the annual fee, the sum of ten dollars ($10.00) for each phase before his license is renewed.

Any licensee whose license is lost or destroyed may secure a duplicate license for a fee of five dollars ($5.00).

A license holder shall register with the North Carolina Department of Agriculture within 75 days of employment the names of all certified applicators, estimators, salesmen, servicemen and solicitors (not common laborers) and shall pay a registration fee of twenty dollars ($20.00) for each name registered, which fee shall accompany the registration. This registration fee shall not apply to a certified applicator. All registrations expire when a license expires. Each employee of a licensee for whom registration is made and registration fee paid shall be issued an identification card which shall be carried on the person of the employee at all times when performing any phase of structural pest control work. An identification card shall be renewed annually by payment of a renewal fee of twenty dollars ($20.00). An identification card shall be displayed upon demand to the commissioner, or his authorized representative, or to the person- for whom any phase of structural pest control work is being performed. When an identification card is lost or destroyed, the licensee shall secure a duplicate identification card for which he shall pay a fee of one dollar ($1.00). This one dollar ($1.00) fee shall not apply to a certified applicator's identification card. The licensee shall be responsible for registering and securing identification cards for all employees who are estimators, salesmen, servicemen, and solicitors.

It shall be unlawful for an estimator, serviceman, salesman or solicitor to engage in the performance of any work covered by this Article without having first secured and having in his possession an identification card. It shall be unlawful for a licensee to direct or procure any salesman, serviceman or estimator to engage in the performance of any work covered by this Article without having first applied for an identification card for such employee or agent; provided, however, that the licensee shall have 75 days after employing a serviceman, salesman or estimator within which to apply for an identification card.

All registrations and applications for licenses and identification cards shall be filed with the North Carolina Department of Agriculture.

No person shall act as an estimator, serviceman, salesman, solicitor, or agent for any licensee under this Article nor shall any such person be issued an identification card by the Structural Pest Control Committee who has within three years of the date of application for an identification card been convicted of, pled guilty or nolo contendere, or forfeited bond in any court. State or federal, to a crime involving moral turpitude or to any violation of the North Carolina Structural Pest Control Act or to any regulation promulgated by the Structural Pest Control Committee. This provision shall not apply to any person whose citizenship has been restored as provided by law.

No person or business shall advertise as a contractor for structural pest control services nor actually contract for such services unless that person or business advertises or contracts in the name of the company shown on the license certificate of the licensee or identification card of the certified applicator who will perform the services."

Sec. 17.  G.S. 106-65.32 is hereby amended by inserting in lines 12 and 24 thereof, in each case, after the word "license" the words "or certified applicator's identification card"; and said section is further amended by inserting in line 23 thereof after the word "licensee" the words "or certified applicator".

Sec. 18.  Chapter 106, Article 4C, is hereby amended by adding thereto at the end thereof a new section, G.S. 106-65.37, to read as follows:

"§ 106-65.37.  Financial responsibility. — (a) The committee may require by regulation from a licensee or certified applicator or an applicant for a license or certified applicator's identification card under this Article evidence of his financial ability to properly indemnify persons suffering from the use or application of pesticides in the form of liability insurance or other means acceptable to the committee. The amount of this insurance or financial ability shall be determined by the committee.

(b)        Any regulation adopted by the committee pursuant to G.S. 106-65.29 to implement this section may provide for such conditions, limitations and requirements concerning the financial responsibility required by this section as the committee deems necessary including but not limited to notice or reduction or cancellation of coverage and deductible provisions. Such regulations may classify financial responsibility requirements according to the separate license classifications and subclassifications as may be prescribed by the committee."

Sec. 19.  This act shall become effective on July 1, 1976.

In the General Assembly read three times and ratified, this the 12th day of June, 1975.