Part 9.
TEXAS STATE BOARD OF MEDICAL EXAMINERS
Chapter 163.
LICENSURE
22 TAC §163.5
The Texas State Board of Medical Examiners proposes an amendment
to §163.5, concerning licensure. This section is being proposed to amend
the language regarding photographs that are submitted with licensure applications
and documentation required for applicants who have been treated for alcohol/substance
abuse or mental illness.
John S. Teer, General Counsel, Texas State Board of Medical Examiners,
has determined that for the first five-year period the amendment is in effect
there will be no fiscal implications to state or local government as a result
of enforcing or administering the amendment as proposed.
Mr. Teer also has determined that for each year of the first five years
the amendment as proposed is in effect the public benefit anticipated as a
result of enforcing the amendment will be amended language regarding photographs
that are submitted with licensure applications and documentation required
for applicants who have been treated for alcohol/substance abuse or mental
illness. There will be no effect on small businesses. There is no anticipated
economic costs to persons who are required to comply with the amendment as
proposed.
Comments on the proposal may be submitted to Pat Wood, P.O. Box 2018, MC-901,
Austin, Texas 78768-2018. A public hearing will be held at a later date.
The amendment is proposed under the authority of the Occupations
Code, §153.001, which provides the Texas State Board of Medical Examiners
to adopt rules and bylaws as necessary to: govern its own proceedings; perform
its duties; regulate the practice of medicine in this state; and enforce this
subtitle.
The Occupations Code, §155.101 is affected by the proposed amendment.
§163.5.Licensure Documentation.
(a)
An applicant must appear for a personal interview at the
board offices and present original documents to a representative of the board
for inspection. Original documents may include, but are not limited to, those
listed in subsections (b)-(e) of this section.
(b)
Documentation required of all applicants for licensure.
(1)
Birth Certificate/Proof of Age. Each applicant for licensure
must provide a copy of [
(2)
Name Change. Any applicant who submits documentation
showing a name other than the name under which the applicant has applied must
present copies of marriage licenses, divorce decrees, or court orders stating
the name change. In cases where the applicant's name has been changed by naturalization
the applicant should send the original naturalization certificate by certified
mail to the board office for inspection.
(3)
Examination Scores. Each applicant for licensure must
have a certified transcript of grades submitted directly from the appropriate
testing service to this board for all examinations used in Texas or another
state for licensure.
(4)
Dean's Certification. Each applicant for licensure
must have a certificate of graduation submitted directly from the medical
school on a form provided by the board. The applicant shall attach a recent
photograph, meeting United States Government passport standards, to the form
before submitting to the medical school. The school shall have the Dean of
the medical school or designated appointee sign the form attesting to the
information on the form and placing the school seal over the photograph.
(5)
Medical Diploma. All applicants for licensure must
submit a copy of their medical diploma.
(6)
Evaluations. All applicants must provide evaluations,
on a form provided by the board, of their professional affiliations for the
past ten years or since graduation from medical school, whichever is the shorter
period.
(7)
Premedical School Transcript. Each applicant must
submit a copy of the record of their undergraduate education. Transcripts
must show courses taken and grades obtained. If determined that the documentation
submitted by the applicant is not sufficient to show proof of the completion
of 60 semester hours of college courses other than in medical school, which
courses would be acceptable, at the time of completion, to The University
of Texas at Austin for credit on a bachelor of arts degree or a bachelor of
science degree, the applicant may be requested to contact the Office of Admissions
at The University of Texas at Austin for course work verification.
(8)
Medical School Transcript. Each applicant must have
his or her medical school submit a transcript of courses taken and grades
obtained.
(9)
National Practitioner Data Bank (NPDB). Each applicant
must contact the NPDB and have a report of action submitted directly to the
board on the applicant's behalf.
(10)
Federation of State Medical Boards History Report.
Each applicant must contact the Federation of State Medical Boards and have
a history report submitted directly to the board on the applicant's behalf.
(11)
Physician's Profile. Each applicant must have a "Physician's
Profile" report submitted directly to the board on the applicant's behalf
from:
(A)
American Medical Association; or
(B)
American Osteopathic Association.
(12)
Fingerprint Card. Each applicant must complete
a fingerprint card and return to the board as part of the application.
(13)
Graduate Training Verification. Each applicant must
submit a certificate showing successful completion of required training. The
certificate must show the beginning and ending dates of the program and state
that the program was successfully completed. An applicant must have the current
Program Director of the program in which the applicant trained submit a letter,
addressed to this board, submitted directly to this board stating the beginning
and ending dates of the program and attesting to successful completion.
(14)
Temporary License Affidavit. Each applicant must
submit a completed form, furnished by the board, titled "Temporary License
Affidavit" prior to the issuance of a temporary license.
[
(15)
[
(16)
[
(17)
[
(c)
Applicants for licensure who are graduates of unapproved
foreign medical schools must furnish all appropriate documentation listed
in this subsection, as well as that listed in subsections (a) and (b) of this
section.
(1)
Educational Commission for Foreign Medical Graduates (ECFMG)
certificate. Applicants must submit a copy of a valid ECFMG Certificate unless
they have completed a Fifth Pathway program. All Fifth Pathway applicants
must submit a copy of their ECFMG interim certificate.
(2)
Unique Documentation. The board may request documentation
unique to an individual unapproved medical school and additional documentation
as needed to verify completion of medical education.
(3)
Certificate of Registration. Each applicant must provide
a copy of his or her certificate to practice in the country in which his or
her medical school is located. If a certificate is unavailable, a letter,
submitted directly to this board, from the body governing licensure of physicians
in the country in which the school is located, will be accepted. The letter
must state that the applicant has met all the requirements for licensure in
the country in which the school is located. If an applicant is not licensed
in the country of graduation due to a citizenship requirement, a letter attesting
to this, submitted directly to this board, will be required.
(4)
Clinical Clerkship Affidavit. A form, supplied by
the board, to be completed by the applicant, is required listing each clinical
clerkship that was completed as part of an applicant's medical education.
The form will require the name of the clerkship, where the clerkship was located
(name of hospital and location of hospital) and dates of the clerkship.
(d)
Applicants may be required to submit other documentation,
which may include the following.
(1)
Translations. Any document that is in a language other
than the English language will need to have a certified translation prepared
and a copy of the translation will have to be submitted along with the translated
document.
(A)
An official translation from the medical school (or appropriate
agency) attached to the foreign language transcript or other document is acceptable.
(B)
If a foreign document is received without a translation,
the board will send the applicant a copy of the document to be translated
and returned to the board.
(C)
Documents must be translated by a translation agency who
is a member of the American Translations Association or a United States college
or university official.
(D)
The translation must be on the translator's letterhead,
and the translator must verify that it is a "true word for word translation"
to the best of his/her knowledge, and that he/she is fluent in the language
translated, and is qualified to translate the document.
(E)
The translation must be signed in the presence of a notary
public and then notarized. The translator's name must be printed below his/her
signature. The notary public must use this phrase: "Subscribed and Sworn to
this day of , 20 ." The notary must then sign and date the translation, and
affix his/her Notary Seal to the document.
(2)
Arrest Records. If an Applicant has ever been
arrested a copy of the arrest and arrest disposition need to be requested
from the arresting authority and said authority must submit copies directly
to this board.
(3)
Malpractice. If an applicant has ever been named in
a malpractice claim filed with any medical liability carrier or if an applicant
has ever been named in a malpractice suit, the applicant must have the following
submitted:
(A)
have each medical liability carrier complete a form furnished
by this board regarding each claim filed against the applicant's insurance;
(B)
for each claim that becomes a malpractice suit have the
attorney representing the applicant in each suit submit a letter directly
to this board explaining the allegation, dates of the allegation, and current
status of the suit. If the suit has been closed, the attorney must state the
disposition of the suit, and if any money was paid, the amount of the settlement.
If such letter is not available, the Applicant will be required to furnish
a notarized affidavit explaining why this letter cannot be provided;
(C)
a statement, composed by the applicant, explaining the
circumstances pertaining to patient care in defense of the allegations.
(4)
Inpatient Treatment for Alcohol/Substance Abuse
or Mental Illness. Each applicant that has been admitted to an inpatient facility
within the last
five
[
(A)
an applicant's statement explaining the circumstances of
the hospitalization;
(B)
all records
[
(C)
a statement from the applicant's treating physician/psychotherapist
as to diagnosis, prognosis, medications prescribed, and follow-up treatment
recommended;
(D)
a copy of any contracts signed with any licensing authority
or medical society or impaired physician's committee.
(5)
Outpatient Treatment for Alcohol/Substance Abuse
or Mental Illness. Each applicant that has been treated on an outpatient basis
within the last
five
[
(A)
an applicant's statement explaining the circumstances of
the outpatient treatment;
(B)
a statement from the applicant's treating physician/psychotherapist
as to diagnosis, prognosis, medications prescribed, and follow-up treatment
recommended; and
(C)
a copy of any contracts signed with any licensing authority
or medical society or impaired physician's committee.
(6)
Additional Documentation. Additional documentation
as is deemed necessary to facilitate the investigation of any application
for medical licensure.
(7)
DD214. A copy of the DD214
,
indicating
separation from any branch of the United States military.
(e)
The board may, in unusual circumstances, allow substitute
documents where proof of exhaustive efforts on the applicant's part to secure
the required documents is presented. These exceptions are reviewed by the
board's executive director on a case-by-case basis.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on March 6, 2000.
TRD-200001698
Bruce A. Levy, M.D., J.D.
Executive Director
Texas State Board of Medical Examiners
Earliest possible date of adoption: April 16, 2000
For further information, please call: (512) 305-7016
Chapter 365.
LICENSING
22 TAC §365.14
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas State Board of Plumbing Examiners or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas State Board of Plumbing Examiners proposes
the repeal of §365.14, Continuing Education Programs and proposes new §365.14,
Continuing Professional Education Programs.
On February 2, 2000, the 126th District Court of Travis County held that
the current (existing) §365.14 was invalid with regard to the development,
production and distribution of course materials. In response to the decision
of the court, the Board now proposes the repeal of the existing §365.14
and the adoption of a new rule.
The proposed new rule sets forth the criteria necessary to allow the Board
to annually approve multiple Course Materials, Course Providers and Course
Instructors to be used for Continuing Professional Education Programs for
the renewal of Journeyman Plumber, Master Plumber and Plumbing Inspector Licenses.
The proposed new rule will allow any individual, business or association that
meets the criteria set out in the rule to be approved by the Board to provide
Courses or Course Materials or to be an Instructor of Course Materials. This
proposed new rule will enable the Board to fully explore and make available,
when appropriate, continuing education programs developed in the market place
of ideas which will assist our licensees in maintaining and developing the
variety of skills which are necessary for the protection of the health and
safety of the citizens of the State of Texas.
Doretta A. Conrad, Administrator, Texas State Board of Plumbing Examiners,
has determined that for the first five-year period that repeal and the new
rule are in effect there will be fiscal implications for state government
as a result of enforcing and administering the rules as proposed. The Board
will reallocate current resources to accommodate the costs of additional staff
time required to review additional applications for Course Materials, Course
Providers and Course Instructors. Reallocation of Board funds will also be
applied to cover the cost of computer changes necessary to record and track
approved providers of Course Materials, Course Providers, Course Instructors
and to electronically transfer Licensee CPE credits for the renewal of licenses
and endorsements.
There should be no effect on local government or to the individuals required
to comply with the repeal and the new rule as proposed because the method
by which continuing education requirements will be fulfilled by the licensees
will not change, nor should the cost to the licensees significantly change.
Small businesses may benefit from the proposed new rule if eligible to provide
Course Materials or to become a Course Provider.
Ms. Conrad has determined that each year of the first five years the repeal
and the new rule are in effect the protection of health and safety of the
citizens will be benefitted through the assurance that licensed Plumbers and
Plumbing Inspectors will receive important updates on current industry practices
in the subjects of health protection, energy and water conservation and the
laws, rules and codes affecting licensees through continuing professional
education that is provided with structured criteria adopted by the Board.
The Board will conduct a public hearing on the proposed repeal of §365.14
and proposed new rule §365.14 on March 28, 2000, beginning at 10:00 a.m.
at the Board's office, located at 929 E. 41st St., Austin, Texas. Interested
persons should contact Doretta A. Conrad, Administrator, Texas State Board
of Plumbing Examiners, 929 East 41st Street, P.O. Box 4200, Austin, Texas
78765-4200, 1- (800) 845-6584, for information or special accommodations.
Written comments on the proposed repeal and proposed new rule may be submitted
no later than 30 following the date of publication in the Texas Register,
to Doretta A. Conrad, Administrator, Texas State Board of Plumbing Examiners,
929 East 41st Street, P.O. Box 4200, Austin, Texas 78765-4200.
The repeal is proposed under and affect Texas Revised Civil Statutes
Annotated Article 6243-101 ("Act"), §5(a), 1§12B(a), §12B(b), §12B(c)
and the rule it repeals §5(a) of the Act authorizes, empowers and directs
the Board to prescribe, amend and enforce all rules and regulations necessary
to carry out the Act. Section 12B(a) requires a plumbing license holder to
complete at least six hours of continuing professional education each license
year. Section 12B(b) directs that the Board, by rule, adopt criteria for continuing
professional education. Section 12B(c) specifies that in order for persons
to receive credit for participation in a continuing professional education
program or course, the program or course must have been provided according
to criteria adopted by the Board by an individual, business, or association
approved by the Board.
No other statute, article or code is affected by this repeal.
§365.14.Continuing Education Programs.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State, on March 3, 2000.
TRD-200001673
Robert L. Maxwell
Chief Investigator/Field Services
Texas State Board of Plumbing Examiners
Earliest possible date of adoption: April 16, 2000
For further information, please call: (512) 458-2145, ext. 222
The new rule is proposed under and affects
Texas Revised Civil Statutes Annotated Article 6243-101 ("Act"), §5(a),
1§12B(a), §12B(b), §12B(c) and the rule it amends. Section
5(a) of the Act authorizes, empowers and directs the Board to prescribe, amend
and enforce all rules and regulations necessary to carry out the Act. Section
12B(a) requires a plumbing license holder to complete at least six hours of
continuing professional education each license year. Section 12B(b) directs
that the Board, by rule, adopt criteria for continuing professional education.
Section 12B(c) specifies that in order for persons to receive credit for participation
in a continuing professional education program or course, the program or course
must have been provided according to criteria adopted by the Board by an individual,
business, or association approved by the Board.
No other statute, article or code is affected by this proposed new rule.
§365.14.Continuing Professional Education Programs.
(a)
Course Materials - Beginning in preparation for the 2000-2001
Continuing Professional Education year (begins on July 1, 2000), the Board
will annually approve Course Materials to be used for the Continuing Professional
Education (CPE) required for renewal of Journeyman Plumber, Master Plumber
and Plumbing Inspector Licenses. The Course Materials are the printed materials
that are the basis for a substantial portion of a CPE course and which are
provided to the Licensees. Board approval of Course Materials will be subject
to all of the terms and conditions of this Section. The following minimum
criteria will be used by the Board in considering approval of Course Materials:
(1)
The Course Materials will provide the basis for a minimum
of six classroom hours of study. Three of the six hours will be in the subjects
of health protection, energy conservation and water conservation, with the
remaining three hours covering subjects which shall include information concerning
the Act, Board Rules, current industry practices and codes, and subjects from
lists of approved subjects published by the Board.
(2)
The Board will periodically publish lists of approved
subjects.
(3)
The Course Materials must be presentations of relevant
issues and changes within the subject areas as they apply to the plumbing
practice in the current market or topics which increase or support the Licensee's
development of skill and competence.
(4)
The provider of the Course Materials must provide
the Course Materials, as needed, in correspondence course form to comply with §12B(d)
of the Act, which are to be made available for at least three (3) years or
as necessary for renewal of an expired license.
(5)
The Course Materials may not advertise or promote
the sale of goods, products or services.
(6)
The Course Materials must be printed and bound and
must meet the following minimum technical specifications for printing and
production:
(A)
Binding - Perfect or Metal Coiled,
(B)
Ink - Full Bleed Color,
(C)
Cover Material - 80 Pound Gloss Paper,
(D)
Page Material - 70 Pound
(7)
The Course Materials will include perforated,
color specific Board forms within the binding of the Course Materials that
may be removed for use by the Licensees. The forms will include CPE evaluation
forms, License and Endorsement examination forms and General Complaint forms.
(8)
All Course Materials must have the following characteristics:
(A)
Correct grammar, spelling and punctuation,
(B)
Appropriate illustrations and graphics to show concepts
not easily explained in words, and
(C)
In depth and comprehensive presentation of subject matter
which increases or supports the skills or competence of the Licensees.
(9)
The provider of Course materials must have legal
ownership of or an appropriate license for the use of all copyrighted material
included within the Course materials. Board approved Course materials will
contain a prominently displayed approval statement in upper case, 10 point
bold type or larger containing the following language: "THIS CONTINUING PROFESSIONAL
EDUCATION COURSE MATERIAL HAS BEEN APPROVED BY THE TEXAS STATE BOARD OF PLUMBING
EXAMINERS FOR USE IN THE (state years) CPE YEAR. BY ITS APPROVAL OF THIS COURSE
MATERIAL, THE TEXAS STATE BOARD OF PLUMBING EXAMINERS DOES NOT ASSUME ANY
RESPONSIBILITY FOR THE ACCURACY OF THE CONTENTS OF THE COURSE MATERIAL. FURTHER,
THE TEXAS STATE BOARD OF PLUMBING EXAMINERS IS NOT MAKING ANY DETERMINATION
THAT THE PARTY PUBLISHING THE COURSE MATERIALS HAS COMPLIED WITH ANY APPLICABLE
COPYRIGHT AND OTHER LAWS IN PUBLISHING THE COURSE MATERIAL AND THE TEXAS STATE
BOARD OF PLUMBING EXAMINERS DOES NOT ASSUME ANY LIABILITY OR RESPONSIBILITY
THEREFOR. THE COURSE MATERIAL IS NOT BEING PUBLISHED BY NOR IS IT A PUBLICATION
OF THE TEXAS STATE BOARD OF PLUMBING EXAMINERS."
(10)
The provider of Course Materials will conduct instructor
training in the use of Course Materials.
(11)
The provider of Course Materials will be required
to have distribution facilities that will ensure prompt distribution of course
materials, facsimile ordering and a statewide toll free telephone number for
placing orders. The provider of Course Materials must ship any ordered material
within ten (10) business days after the receipt of the order and payment for
the course materials.
(12)
The Board shall annually approve only individuals,
businesses or associations to provide Course Materials. Any individual, business
or association who wishes to offer to provide Course Materials shall apply
to the Board for approval using application forms prepared by the Board. In
order to be approved, the application must satisfy the Board as to the ability
of the individual, business or association to provide quality Course Materials
as required in this Section and must include:
(A)
name and address of individual applicant,
(B)
names and addresses of all officers, directors, trustees
or members of the governing board of any business or association applicant,
(C)
statement by individual applicant, and each officer, director,
trustee or member of governing board as to whether he or she has ever been
convicted of a felony or misdemeanor other than a minor traffic violation,
(D)
certificate of good standing issued by the Texas Comptroller
of Public Accounts for business or association applicants,
(E)
fees to be charged for Course Materials,
(F)
taxpayer identification number,
(G)
method for quarterly reporting of Course Provider, Instructors,
and Licensee evaluations of Course Materials to the Board,
(13)
The provider of Course Materials must sell Course
Materials to all Course Providers and Licensees at the prices stated in the
application.
(14)
The Board may refuse to accept any application for
approval as a provider of Course Materials that is not complete. The Board
may deny approval of an application for any of the following reasons:
(A)
failure to comply with the provisions of this section;
(B)
inadequate coverage of the materials required to be included
in Course Materials; or
(C)
unsatisfactory evaluations of the Course Materials by Course
Providers, Instructors, Licensees, or Board staff.
(15)
If an application is refused or disapproved,
written notice detailing the basis of the decision shall be provided to the
applicant.
(16)
A provider's authority to offer the Course Materials
for which CPE credit is given expires on June 30 of the following calendar
year after approval.
(17)
Course Materials to be approved for the 2000-2001
CPE year must be submitted in complete form (at least 20 copies) to the Board's
office no later than May 15, 2000, for Board approval at its May, 2000 Board
meeting. At least 50 copies each of all Course Materials that are approved
at the Board's May, 2000 Board meeting shall be provided to the Board's office
no later than July 1, 2000 at no cost to the Board.
(18)
All providers of Course Materials must meet the following
time schedule each year for approval of Course Materials to be used for the
2001-2002 and following CPE years:
(A)
At least 20 copies each of the final draft version of the
Course Materials must be submitted to the Board's office no later than December
1 for Board approval at its January Board meeting, unless an extension is
requested at or before the January Board meeting and granted by the Board.
(B)
At least 20 copies each of the revised and completed version
of the Course Materials must be submitted to the Board's office no later than
February 15 for Board approval at its March Board meeting, unless an extension
is requested at or before the March Board meeting and granted by the Board.
(C)
At least 50 copies each of all Course Materials that are
approved at the Board's March Board meeting shall be provided to the Board's
office no later than July 1 at no cost to the Board.
(19)
A provider's failure to comply with this section
constitutes grounds for disciplinary action against the provider or for disapproval
of future applications for approval as a provider of Course Materials.
(b)
Course Providers - The Board will annually approve only
individuals, businesses or associations as Course Providers. Course Providers
will offer classroom and correspondence instruction in the Course Materials
used for the Continuing Professional Education (CPE) required for renewal
of all licenses issued under the Act. Board approval of Course Providers will
be subject to all of the terms and conditions of this Section. The following
minimum criteria will be used by the Board in considering approval of Course
Providers:
(1)
All Course Providers of CPE shall meet the certification
requirements of the Central Education Agency or be exempted from the Central
Education Agency certification requirements under Texas Education Code, Chapter
132, 132.002(a), (Texas Proprietary School Act) or be approved by the United
States Department of Labor-Bureau of Apprenticeship Training Schools and/or
Programs. No other exemptions will be permitted under §132.002(a)(7)
of the Education Code.
(2)
CPE courses shall be presented in one of the following
formats:
(A)
Six classroom hours presented on one day
(B)
Two sessions of three classroom hours each presented on
two consecutive days or
(C)
An approved correspondence course.
(3)
Not less than three hours of the classroom course
will be in the subjects of health protection, energy conservation and water
conservation.
(4)
Presentations must be based primarily on the Course
Materials and any other materials approved by the Board.
(5)
In addition to Course Materials, presentations may
include videos, films, slides or other appropriate types of illustrations
and graphic materials related to the Course Materials.
(6)
Course Providers shall limit the number of students
for any CPE class to forty-five (45).
(7)
A Course Provider may not advertise or promote the
sale of any goods, products or services between the opening and closing hours
of any CPE class.
(8)
Each Course Provider shall furnish a uniquely numbered
Certificate of Completion of CPE to each licensee, but only after the licensee
has completed the CPE course. The Board will assign the unique numbers to
be used on each Certificate to each Course Provider.
(9)
Each Course Provider shall, at its own expense and
in a format approved by the Board, electronically transmit to the Board certification
of each Licensee's completion of CPE requirements within forty-eight hours
of completion.
(A)
The Board may provide training to the Course Provider in
the method for electronic transmittal.
(B)
The Board may charge a fee to recover its costs for computer
software and training in the use of the software to the Course Provider.
(10)
Each Course Provider shall be reviewed annually
by the Board to ensure that classes have been provided equitably across the
state of Texas.
(11)
Each Course Provider must notify the Board at least
30 days before conducting classes; the notice shall contain the time(s) and
place(s) where the classes will occur.
(12)
Each Course Provider will perform self-monitoring
and reporting as required by the Board.
(13)
Each Course Provider shall use only Course Instructors
who have been approved by the Board. Each Course Provider shall annually submit
to the Board's office a list of Course Instructors it employs and the instructors'
credentials for approval.
(A)
Lists of Course Instructors to be approved for the 2000-2001
CPE year must be submitted no later than May 15, 2000 for approval by the
Board at its May, 2000 meeting, unless an extension is requested at or before
the May Board meeting and granted by the Board.
(B)
Lists of Course Instructors to be approved for the 2001-2002
and later CPE years must be submitted each year no later than February 15
for approval by the Board at its March Board meeting, unless an extension
is requested at or before the March Board meeting and granted by the Board.
(14)
Prior to allowing Course Instructors to teach
CPE, Course Providers must provide documentation to the Board showing the
instructor's successful completion of Course Materials training.
(15)
Course Instructors must comply with subsection (c)
of this section. Course Providers shall notify the Board within 10 days of
any change of an instructor's employment status with the Course Provider.
(16)
Any individual, business or association who wishes
to be a Course Provider shall apply to the Board for approval using application
forms prepared by the Board. In order to be approved, the application must
satisfy the Board as to the ability of the individual, business or association
to provide quality instruction in the Course Materials as required in this
Section and must include:
(A)
name and address of individual applicant,
(B)
names and addresses of all officers, directors, trustees
or members of the governing board of any business or association applicant,
(C)
statement by individual applicant, and each officer, director,
trustee or member of governing board as to whether he or she has ever been
convicted of a felony or misdemeanor other than a minor traffic violation,
(D)
certificate of good standing issued by the Texas Comptroller
of Public Accounts for business or association applicants,
(E)
taxpayer identification number,
(F)
facsimile number, statewide toll free telephone number,
Internet web site or electronic mail address,
(G)
fees to be charged to Licensees for attending the course,
(H)
an example of a Licensee's Certificate of Completion of
CPE,
(I)
CPE class scheduling plan,
(J)
plan for providing courses equitably across the state,
(K)
method for quarterly reporting compilations of Licensee
evaluations of Course Provider and Course Instructors to the Board and
(L)
method for ensuring that only Licensees who meet one or
more of the following requirements may receive CPE credit for taking an CPE
correspondence course:
(i)
any Licensee that lives outside of the State of Texas,
or
(ii)
lives in a county that does not have a city with a population
in excess of 100,000, or
(iii)
who has an expired license that requires a CPE course
that is no longer available in the classroom,
(M)
identification of the Course Materials which will be used
by the Course Provider.
(17)
The Board may refuse to accept any application
for approval as a Course Provider that is not complete. The Board may deny
approval of an application for any of the following reasons:
(A)
failure to comply with the provisions of this section;
(B)
inadequate instruction of the materials required to be
included in Course Materials; or
(C)
unsatisfactory evaluations of the Course Provider by Licensees
or Board staff.
(18)
If an application is refused or disapproved,
written notice detailing the basis of the decision shall be provided to the
applicant.
(19)
A Course Provider's authority to offer instruction
in the Course Materials for which CPE credit is given expires on June 30,
of the following calendar year after approval.
(20)
Beginning with the 2000-2001 CPE year, the Board
will establish the deadline in which applications must be submitted after
the effective date of this rule. For the 2001-2002 and following CPE years,
all Course Provider applications must be submitted to the Board office no
later than December 1, each year for approval at the Board's January meeting,
unless an extension is requested at or before the January Board meeting and
granted by the Board.
(21)
The Board shall review Course Providers for quality
in instruction. The Board shall also investigate and take appropriate action,
up to and including revocation of authority to provide CPE, regarding complaints
involving approved Course Providers.
(22)
A provider's failure to comply with this section
constitutes grounds for disciplinary action, up to and including revocation
of authority to provide CPE, against the provider or for denial of future
applications for approval as a Course Provider.
(c)
Course Instructors - The Board will annually approve Course
Instructors to provide the classroom instruction in the Course Materials used
for the Continuing Professional Education (CPE) required for renewal of Journeyman
Plumber, Master Plumber and Plumbing Inspector Licenses. Board approval of
Course Instructors will be subject to all of the terms and conditions of this
Section. An individual who wishes to be approved by the Board as a Course
Instructor must apply to the Board through an approved Course Provider using
an application form approved by the Board. The following minimum criteria
will be used by the Board in considering approval of Course Instructors:
(1)
Instructors must be licensees of the Board, be employed
by a Course Provider approved by the Board and attend and successfully complete
a Course Instructor Certification Workshop each year conducted by the Board
(the Board will charge a fee to recover its costs for conducting the Course
Instructor Certification Workshop).
(2)
Instructors will be required to successfully complete
a Board approved program of 160 clock hours which meets the following criteria.
The Board will allow credit for approved courses.
(A)
40 hours to provide the Instructor with the basic educational
techniques and instructional strategies necessary to plan and conduct effective
training programs.
(B)
40 hours to provide the Instructor with the basic techniques
and strategies necessary to analyze, select, develop, and organize instructional
material for effective training programs.
(C)
40 hours to provide the Instructor with the basic principles,
techniques, theories, and strategies to establish and maintain effective relationships
with students, co-workers, and other personnel in the classroom, industry,
and community.
(D)
40 hours to provide the Instructor with the basic principles,
techniques, theories, and strategies to communicate effectively with the use
of instructional media.
(E)
To maintain his/her status as an approved Course Instructor,
the Instructor shall undergo one of the aforementioned training programs every
12 months such that the entire training (160 hours) is complete within four
years.
(3)
A Course Instructor may not advertise or promote
the sale of goods, products, or services between the opening and closing hours
of any CPE class.
(4)
As a Course Instructor and Licensee of the Board,
a Course Instructor must comply with the Plumbing License Law and Board Rules,
including §367.2 of the Board Rules regarding Standards of Conduct. An
Instructor has a responsibility to his students and employer to:
(A)
be well versed in and knowledgeable of the Course Materials,
(B)
maintain an orderly and professional classroom environment
and
(C)
coordinate with the Course Provider to develop an appropriate
method for handling disorderly and disruptive students. A Course Instructor
shall report to the Course Provider and the Board, any non- responsive and
disruptive student who attends a CPE course. The Board may deny CPE credit
to any such student and require, at the students expense, successful completion
of an additional CPE course to receive credit.
(5)
The Board shall review Course Instructors for
quality of instruction. The Board shall also respond to complaints regarding
Course Instructors.
(6)
A Course Instructor's failure to comply with this
section constitutes grounds for disciplinary action against the Instructor
or for disapproval of future applications for approval as a Course Instructor.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State, on March 3, 2000.
TRD-200001674
Robert L. Maxwell
Chief Investigator/Field Services
Texas State Board of Plumbing Examiners
Earliest possible date of adoption: April 16, 2000
For further information, please call: (512) 458-2145, ext. 222
Chapter 593.
LICENSES
22 TAC §593.7
The Structural Pest Control Board proposes an amendment to §593.7,
concerning fees. The amendment lowers the cost of submittal of continuing
education courses for approval.
Benny M. Mathis, Executive Director has determined that there will be fiscal
implications as a result of enforcing or administering this rule. There will
be no estimated additional cost or estimated reduction in cost to state and
local government for the first five year period the rule will be in effect,
however, there is an estimated increase in revenue of $1,225.00 to state government
for the first five year period the rule will be in effect. The cost of compliance
with the rule for small businesses will be up to $120 a year. There will
be no cost comparison per employee, cost per hour of labor or cost per $100
of sales for small or larger businesses affected by the rule.
Benny M. Mathis, Executive Director has determined that for each year of
the first five years the rule as proposed is in effect, the public benefits
anticipated as a result of enforcing the rule as proposed will be the increased
and continued offering to the structural pest control industry of more and
better continuing education courses. There is no anticipated economic cost
to individuals who are required to comply with the rule as proposed.
Comments on the proposal may be submitted to Frank M. Crull, General Counsel,
Structural Pest Control Board, 1106 Clayton Lane #100LW, Austin, Texas 78723.
The amendment is proposed under Vernon's Civ.Stat.Ann., Article
135b-6, which provides the Structural Pest Control Board with the authority
to license and regulate the structural pest control industry.
The following is the (statutes, articles or code) that are affected by
this rule: Rule Number Statute, Article or Code §593.7 Article 135b-6
593 Licenses.
§593.7.Fees.
(a)
Applicants, licensees and continuing education providers
will be charged the following fees:
(1)
$144 for an original or renewal of business license;
(2)
$72 for an original or renewal of a certified applicators
license;
(3)
$45 for an original or renewal of a technician license;
(4)
$30 for duplicate business license, certified applicator
license or technician license when the original has been lost or destroyed;
(5)
$30 for reissuing a business license, certified applicators
license or technician license due to a name change in the license;
(6)
$40 for administering exams in each category;
(7)
$37.50 for late renewal fee for up to thirty (30)
days late;
(8)
$75 for late renewal fee for thirty one (31)-sixty
(60) days late;
(9)
$40 for continuing education course.
[
(b)
The following fees are based on increments of six (6) months.
(1)
Business License Fees
(A)
Issued/Renewed for 1-6 months $72.00
(B)
Issued/Renewed for 7-12 months $144.00
(C)
Issued/Renewed for 13-18 months $216.00
(2)
Certified Applicator License Fees
(A)
Issued/Renewed for 1-6 months $36.00
(B)
Issued/Renewed for 7-12 months $72.00
(C)
Issued/Renewed for 13-18 months $108.00
(3)
Technician License Fees
(A)
Issued/Renewed for 1-6 months $22.50
(B)
Issued/Renewed for 7-12 months $45.00
(C)
Issued/Renewed for 13-18 months $67.50
This agency hereby certifies that the proposal
has been reviewed by legal counsel and found to be within the agency's legal
authority to adopt.
Filed with the Office of
the Secretary of State, on March 1, 2000.
TRD-200001561
Benny M. Mathis, Jr.
Executive Director
Structural Pest Control Board
Earliest possible date of adoption: April 16, 2000
For further information, please call: (512) 451-7200
22 TAC §595.1
The Structural Pest Control Board proposes amendments to §595.1,
concerning license display. The amendment clarifies where all structural pest
control licenses should be displayed.
Benny M. Mathis, Executive Director has determined that there will not
be fiscal implications as a result of enforcing or administering the rule.
There will be no estimated additional cost, estimated reduction in cost or
estimated loss or increase in revenue to state or local government for the
first five year period the rule will be in effect. There will be no cost
comparison based on cost per employee, cost per hour of labor or cost per
$100 of sales for small or larger businesses.
Benny M. Mathis, Executive Director has determined that for each year of
the first five years the rule as proposed is in effect, the public benefit
anticipated as a result of enforcing the rule as proposed will be a better
understanding by licensee and making compliance and enforcement efforts easier.
There is no anticipated economic cost to individuals who are required to
comply with the rule as proposed.
Comments on the proposal may be submitted to Frank M. Crull, General Counsel,
Structural Pest Control Board, 1106 Clayton Lane #100LW, Austin, Texas 78723.
The amendment is proposed under Tex.Rev.Civ.Stat.Ann., Article
135b-6, which provides the Structural Pest Control Board with the authority
to license and regulate the structural pest control industry.
The following is the (statutes, articles or code) that are affected by
this rule. Rule Number Statute, Article or Code §595.1 Article 135b-6
595 Compliance and Enforcement.
§595.1.License Display.
(a)
All structural pest control licenses shall be displayed
in a conspicuous place
at
[
(b)
The business license number shall be prominently displayed
on all vehicles used in the company business, but shall not be required on
unmarked management vehicles. Vehicles of a company may have more than one
license number; provided, however, notice is made in writing to the board
and the board approves the license number used in such cases. The numbers
and letters must be permanently affixed to the vehicle in a prominent place
on each front fender and/or front door panel in two-inch letters in a color
which would contrast to the background color of the truck or vehicle and shall
be designated as: Texas Pest Control License (number). This may be abbreviated
to Texas PCL (number) or TPCL (number). Any numbers or letters that adhere
to vehicle by way of magnetic device or magnets are not considered to be permanently
affixed.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on March 1, 2000.
TRD-200001562
Benny M. Mathis, Jr.
Executive Director
Structural Pest Control Board
Earliest possible date of adoption: April 16, 2000
For further information, please call: (512) 451-7200
22 TAC §595.2
The Structural Pest Control Board proposes amendments to §595.2
concerning employee registration. The amendment proposes clerical changes
and deletes technician and apprentice and replaces language with licensees.
Benny M. Mathis, Executive Director has determined that there will not
be fiscal implications as a result of enforcing or administering the rule.
There will be no estimated additional cost, estimated reduction in cost or
estimated loss or increase in revenue to state or local government. There
is no cost comparison of cost per employee, cost per hour of labor or cost
per $100 of sales for small or large businesses.
Benny M. Mathis, Executive Director has determined that for each year of
the first five years the rule as proposed is in effect, the public benefits
anticipated as a result of enforcing the rule as proposed will be the better
understanding or the rule by licensees. This will lead to more compliance
and fewer enforcement actions. There is no anticipated economic cost to individuals
who are required to comply with the rule as proposed.
Comments on the proposal may be submitted to Frank M. Crull, General Counsel,
Structural Pest Control Board, 1106 Clayton Lane #100LW, Austin, Texas 78723.
The amendment is proposed under Tex.Rev.Civ.Stat.Ann., Article
135b-6, which provides the Structural Pest Control Board with the authority
to license and regulate the structural pest control industry.
The following is the (statutes, articles or code) that are affected by
this rule. Rule Number Statute, Article or Code 595.2 Article 13b-6 595 Compliance
and Enforcement
§595.2.Employee Registration.
(a)
It shall be the duty of the business licensee or certified
noncommercial applicator to inform the Board in writing of the employment
and termination of all
licensees.
[
(b)
Notice of employment shall be furnished within ten days
of the date of employment and shall include the full name and home address
of the technician or apprentice, the date of employment, and, if applicable,
the branch office at which he will be employed, and other information as may
be required. This notice shall be provided on a form as prescribed by the
Structural Pest Control Board.
(c)
When employing a technician, the business licensee or certified
noncommercial applicator shall obtain from the Board a license for such technician.
Any registration of license fees paid for technicians and apprentices shall
not be refundable or transferred to another technician or apprentice.
(d)
Notice of termination shall include the employee name,
license number and date of termination, and be provided to the Structural
Pest Control Board within thirty (30) days of the date of termination.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on March 1, 2000.
TRD-200001563
Benny M. Mathis, Jr.
Executive Director
Structural Pest Control Board
Earliest possible date of adoption: April 16, 2000
For further information, please call: (512) 451-7200
22 TAC §595.3
The Structural Pest Control Board proposes amendments to §595.3,
concerning employee supervision. This amendment designates the "responsible
certified applicator" as the individual to supervise use of pesticides and
requires the certified applicator to be physically present to give personal
instructions to apprentices and technicians three days a week. The amendment
establishes that employees may not schedule or perform work without instructions
from certified applicator.
Benny M. Mathis, Executive Director has determined that there will not
be fiscal implications as a result of enforcing or administering the rule.
There will be no estimated additional cost, estimated reduction in cost or
estimated loss or increase in revenue to state or local government. There
will be no cost comparison for cost per employee, cost per hour of labor or
cost per $100 of sales for small or larger businesses.
Benny M. Mathis, Executive Director has determined that for each year of
the first five years the rule is in effect, the public benefits anticipated
as a result of enforcing the rule as proposed will be better trained and knowledgeable
personnel. This benefit will be more protection for the consumer and the public
at large. There is no anticipated economic cost to individuals who are required
to comply with the rule as proposed.
Comments on the proposal may be submitted to Frank M. Crull, General Counsel,
Structural Pest Control Board, 1106 Clayton Lane #100LW, Austin, Texas 78723.
The amendment is proposed under Tex.Rev.Civ.Stat.Ann., Article
135b-6, which provides the Structural Pest Control Board with the authority
to license and regulate the structural pest control industry.
The following is the (statutes, articles or code) that are affected by
this rule. Rule Number Statute, Article or Code 595.3 Article 135b-6 597.1(19)
Article 135b-6 595 Compliance and Enforcement
§595.3.Employee Supervision.
(a)
The
responsible
certified applicator is responsible
to supervise the use of pesticides by [
(b)
In order to provide adequate supervision,
a
[
(c)
[
(d)
Apprentices shall not perform pest control services without
physical supervision until they have completed all classroom training, on-the-job
training required and verified such completion, in their records.
(e)
The business license holder or certified noncommercial
applicator is responsible for actions of employees when they are performing
pest control services.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on March 1, 2000.
TRD-200001564
Benny M. Mathis, Jr.
Executive Director
Structural Pest Control Board
Earliest possible date of adoption: April 16, 2000
For further information, please call: (512) 451-7200
22 TAC §595.4
The Structural Pest Control Board proposes amendments to §595.4,
concerning pest control use records. The amendment adds the requirement that
application of solution or amount of concentrate of pesticide used and target
pest be specified, and the records be made available to Board personnel upon
request.
Benny M. Mathis, Executive Director has determined that there will not
be fiscal implications as a result of enforcing or administering the rule.
There is no estimated additional cost, estimated reduction in cost or estimated
loss or increase in revenue to state or local government for the first five
year period the rule will be in effect. There will be no cost comparison for
cost per employee, cost per hour of labor or cost per $100 of sales to small
or larger businesses.
Benny M. Mathis, Executive Director has determined that for each year of
the first five years the rule as proposed is in effect, the public benefits
anticipated as a result of enforcing the rule as proposed will be easier enforcement
of use records violations and more complete and detailed records being maintained
by pest control businesses. There is no anticipated economic cost to individuals
who are required to comply with the rule as proposed.
Comments on the proposal may be submitted to Frank M. Crull, General Counsel,
Structural Pest Control Board, 1106 Clayton Lane #100LW, Austin, Texas 78723.
The amendment is proposed under Tex.Rev.Civ.Stat.Ann., Article
135b-6, which provides the Structural Pest Control Board with the authority
to license and regulate the structural pest control industry.
The following is the (statutes, articles or code) that are affected by
this rule. Rule Number Statute, Article or Code 595.4 Article 135b-6 595
Compliance and Enforcement
§595.4.Pest Control Use Records.
The business licensee or, in the case of the certified noncommercial
applicator, the applicator shall keep and maintain a record of all uses of
pesticides and pest control devices for a period of two years. Said records
will be kept on the premise of the business licensee or, in the case of a
certified noncommercial applicator, the employer's premises. The records will
include, but are not limited to, routine operational data, which include[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on March 1, 2000.
TRD-200001565
Benny M. Mathis, Jr.
Executive Director
Structural Pest Control Board
Earliest possible date of adoption: April 16, 2000
For further information, please call: (512) 451-7200
22 TAC §595.5
The Structural Pest Control Board proposes amendments to §595.5,
concerning contracts. The amendment proposes clerical changes without changing
the body of the regulation.
Benny M. Mathis, Executive Director has determined that there will not
be fiscal implications as a result of enforcing or administering the rule.
There will be no estimated additional cost, estimated reduction in cost
or estimated loss or increase in revenue to state or local government for
the first five year period the rule will be in effect. There will be no
cost comparison of cost per employee, cost per hour of labor or cost per $100
of sales for small or larger businesses.
Benny M. Mathis, Executive Director has determined that for each year of
the first five years the rule as proposed is in effect, the public benefits
anticipated as a result of enforcing the rule as proposed will be a more informed
consumer providing more protection for the public at large.
There is no anticipated economic cost to individuals who are required to
comply with the rule as proposed.
Comments on the proposal may be submitted to Frank M. Crull, General Counsel,
Structural Pest Control Board, 1106 Clayton Lane #100LW, Austin, Texas 78723.
The amendment is proposed under Tex.Rev.Civ.Stat.Ann., Article
135b-6, which provides the Structural Pest Control Board with the authority
to license and regulate the structural pest control industry.
The following is the (statutes, articles or code) that are affected by
this rule. Rule Number Statute, Article or Code 595.5 Article 135b-6 595
Compliance and Enforcement
§595.5.Contracts.
(a)
Each written contract, warranty, service agreement, termite
disclosure document or guarantee of a business regulated by the Structural
Pest Control Board must contain the name, address and telephone number of
the Board on the face of the document. It must also include the business
name, location address, telephone number and the statement "Licensed and
regulated under the Structural Pest Control Act."
(b)
The business name, telephone number and location address
shall be on the face of any invoice [
(c)
The
requirement
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on March 1, 2000.
TRD-200001566
Benny M. Mathis, Jr.
Executive Director
Structural Pest Control Board
Earliest possible date of adoption: April 16, 2000
For further information, please call: (512) 451-7200
22 TAC §595.6
The Structural Pest Control Board proposes amendments to §595.6,
concerning pest control sign. The amendment deletes waiver of the pre-notification
requirement if the consumer or certified applicator sign a statement attesting
that an emergency exists. The amendment also renumbers existing sections,
and adds "Re-entry" to the Notice of Pest Control Treatment sign.
Benny M. Mathis, Executive Director has determined that there will not
be fiscal implications as a result of enforcing or administering the rule.
There will be no estimated additional cost, estimated reduction in cost or
estimated loss or increase in revenue to state or local government for the
first five years the rule will be in effect. There is no cost of compliance
for cost per employee, cost per hour of labor, or cost per $100 of sales for
small or larger businesses.
Benny M. Mathis, Executive Director has determined that for each year of
the first five years the rule as proposed is in effect, the public benefits
anticipated as a result of enforcing the rule as proposed will be the better
understanding of the rule by licensees and better application and enforcement
of the rule for the benefit of the public at large. There is no anticipated
economic cost to individuals who are required to comply with the rule as proposed.
Comments on the proposal may be submitted to Frank M. Crull, General Counsel,
Structural Pest Control Board, 1106 Clayton Lane #100LW, Austin, Texas 78723.
The amendment is proposed under Tex.Rev.Civ.Stat.Ann., Article
135b-6, which provides the Structural Pest Control Board with the authority
to license and regulate the structural pest control industry.
The following is the (statutes, articles or code) that are affected by
this rule. Rule Number Statute, Article or Code 595.6 Article 135b-6 595
Compliance and Enforcement
§595.6.Pest Control Sign.
(a)
A pest control sign must be provided by the licensee to
the owner or manager at least 48 hours prior to a planned indoor treatment
at a residential rental property with five or more rental units.
(b)
A pest control sign must be provided by the licensee to
the employer or building manager at least 48 hours prior to a planned indoor
treatment at a workplace. A workplace is defined as any nonresidence with
three or more full-time paid employees which is treated by a licensed business
or a certified noncommercial applicator.
(c)
A pest control sign must be provided by the licensee to
the chief administrator or building manager at least 48 hours prior to a
planned indoor treatment at a hospital, nursing home, hotel, motel, lodge,
warehouse, food-processing establishment, school or educational institution,
or day-care center.
[
(d)
[
(e)
[
(f)
[
Figure: 22 TAC §595.6
(f)
[
(g)
[
(h)
[
(i)
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on March 1, 2000.
TRD-200001567
Benny M. Mathis, Jr.
Executive Director
Structural Pest Control Board
Earliest possible date of adoption: April 16, 2000
For further information, please call: (512) 451-7200
22 TAC §595.7
The Structural Pest Control Board proposes amendments to §595.7,
concerning consumer information sheets. The amendment specifies where and
when consumer information sheet should be left at residential and rental properties,
posting of signs for indoor treatments in the workplace, hospitals, nursing
homes, schools, day care centers, etc., requirements for school personnel
notifying parents of applications, states the official SPCB Consumer Information
Sheet be used and that copies may be obtained from the Board in English as
well as Spanish.
Benny M. Mathis, Executive Director has determined that there will not
be fiscal implications as a result of enforcing or administering the rule.
There is no estimated additional cost, estimated reduction in cost, or estimated
loss or increase in revenue to state or local government for the first five
year period the rule will be in effect. There will be no cost of compliance
with the rule for small businesses. There will be no cost comparison for cost
per employee, cost per hour of labor or cost per $100 of sales for small or
large businesses.
Benny M. Mathis, Executive Director has determined that for each year of
the first five years the rule as proposed is in effect, the public benefits
anticipated as a result of enforcing the rule as proposed will be a better
informed consumer resulting in more protection of the public at large.
There is no anticipated cost to individuals who are required to comply
with the rule as proposed.
Comments may be submitted to Frank M. Crull, General Counsel, Structural
Pest Control Board, 1106 Clayton Lane #100LW, Austin, Texas 78723.
The amendment is proposed under Tex.Rev.Civ.Stat.Ann., Article
135b-6, which provides the Structural Pest Control Board with the authority
to license and regulate the structural pest control industry.
The following is the (statutes, articles or code) that are affected by
this rule. Rule Number Statute, Article or Code 595.7 Article 135b-6
595 Compliance and Enforcement
§595.7.Consumer Information Sheet.
(a)
For an indoor treatment at a private residence that
is not a rental property the certified applicator or technician shall give
the pest control information sheet to the owner of the residence before each
treatment begins, or, if the owner is not available at the time treatment
begins, leave the sheet in a conspicuous place in the residence.
[
[
[
[
[
(b)
For indoor treatment at a residential rental property
with less than five rental units, including a single family, duplex, triplex
or fourplex rental property, the certified applicator or technician shall
leave the pest control information sheet in the residence at the time of
each treatment.
[
[
[
(c)
For an indoor treatment at a residential rental property
with five or more rental units, the certified applicator or technician shall
supply the pest control information sheet to the owner or manager of the
complex. The certified applicator or technician shall also supply the owner
or manager with a pest control sign. The owner or manager or an employee
or agent of the owner or manager, other than the certified applicator or
technician, shall notify residents who live in the direct or adjacent area
of the treatment by:
[
(1)
posting the sign in an area of common access
at least 48 hours before each planned treatment; or
(2)
distributing the information sheet
at least 48 hours before each planned treatment by leaving the sheet on the
front door of each unit or in a conspicuous place inside each unit.
(d)
For an indoor treatment at
a workplace, the certified applicator or technician shall supply the pest
control information sheet and a pest control sign to the employer or the
building manager. The employer or the building manager or an employee or agent
of the owner or manager, other than the certified applicator or technician,
shall notify the individuals who work at the workplace of the date of the
planned treatment by:
(1)
posting the sign in an area of common access
that the individuals are likely to check on a regular basis at least 48 hours
before each planned treatment; and
(2)
providing the information sheet to any
individual working in the building on request of the individual if the request
is made during normal business hours.
(e)
For an indoor treatment at
a building that is a hospital, nursing home, hotel, motel, lodge, warehouse,
food-processing establishment, school or educational institution, or a day-care
center, the certified applicator or technician shall supply the pest control
information sheet and a pest control sign to the chief administrator or building
manager. The chief administrator or building manager shall notify the individuals
who work in the building of the treatment by:
(1)
posting the sign in an area of common access
that the individuals are likely to check on a regular basis at least 48 hours
before each planned treatment; and
(2)
providing the information sheet to any
individual working in the building on request of the individual.
(f)
Personnel at a school or educational
institution or a day-care center are required to inform the parents, guardians,
or managing conservators of the children attending the school or day-care
center, at the time the child is registered, that;
(1)
the school, institution, or center periodically
applies pesticides indoors; and
(2)
information on the application of the pesticides
is available at the request of the parents, guardians, or managing conservators.
(g)
For the purpose of this section,
treatment is an indoor treatment even though the treatment may include a
perimeter treatment of the building if the primary purpose of the treatment
is to treat the inside of the building.
(h)
The official Structural Pest Control Board
Consumer Information Sheet must be used. Copies of the Consumer Information
Sheet are available from the Board in English and Spanish and shall read
as follows:
Figure: 22 TAC §595.7
(h)
[
(i)
[
(j)
[
Figure: 22 TAC §595.7
(j)
[
(k)
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on March 1, 2000.
TRD-200001568
Benny M. Mathis, Jr.
Executive Director
Structural Pest Control Board
Earliest possible date of adoption: April 16, 2000
For further information, please call: (512) 451-7200
22 TAC §595.8
The Structural Pest Control Board proposes amendments to §595.8,
concerning responsibilities of unlicensed persons for posting and notification.
The amendment clarifies that the statement attesting to need for emergency
treatment must be kept in the pest control use records at business location
and deletes language if extenuating circumstances require unplanned treatment.
Benny M. Mathis, Executive Director has determined that there will not
be fiscal implications as a result of enforcing or administering the rule.
There will be no estimated additional cost, estimated reduction in cost or
estimated loss or increase in revenue to state or local government for the
first five year period the rule will be in effect. There will be no cost of
compliance with the rule for small businesses. There will be no cost comparison
for cost per employee, cost per hour of labor or cost per $100 of sales for
small or larger businesses.
Benny M. Mathis, Executive Director has determined that for each year of
the first five years the rule as proposed is in effect, the public benefits
anticipated as a result of enforcing the rule as proposed will be the clarification
of responsibility if properly posted pest control sign is removed by an unauthorized
individual. There is no anticipated economic cost to individuals who are
required to comply with the rule as proposed.
Comments on the proposal may be submitted to Frank M. Crull, General Counsel,
Structural Pest Control Board, 1106 Clayton Lane #100LW, Austin, Texas 78723.
The amendment is proposed under Tex.Rev.Civ.Stat.Ann., Article
135b-6, which provides the Structural Pest Control Board with the authority
to license and regulate the structural pest control industry.
The following is the (statutes, articles or code) that are affected by
this rule. Rule Number Statute, Article or Code 595.8 Article 135b-6 595
Compliance and Enforcement
§595.8.Responsibilities of Unlicensed Persons for Posting and Notification.
(a)
Owners or managers of residential rental properties with
five or more units shall either:
(1)
post a pest control sign at least 48 hours before the planned
treatment in an area of common access; or
(2)
distribute the consumer information sheet to each
unit planned to be treated and each unit adjacent to those planned to be treated
at least 48 hours before the planned time of treatment. Adjacent means having
a common wall, ceiling, or floor. Area of common access means a common area
that an individual is likely to check on a regular basis, such as building
entranceway, mailboxes, laundry rooms, beverage machines, building bulletin
boards, etc.
(b)
Employers, building managers, and chief administrators
of workplaces, hospitals, nursing homes, hotels, motels, lodges, warehouses,
food-processing establishments, school or educational institutions, and day-care
centers shall post a pest control sign in an area of common access at least
48 hours prior to each planned treatment and provide a Consumer Information
Sheet to any individual working in the building at the request of that individual.
Area of common access means a common area that an individual is likely to
check on a regular basis, such as building entranceway, mailboxes, laundry
rooms, beverage machines, building bulletin boards, etc.
(c)
Chief administrators of school or educational institutions
and day-care centers shall notify the parents or guardians of children attending
the facility in writing that pesticides are periodically applied indoors and
that information on the times and types of applications is available upon
request. Such notification must be made at the time of the child's registration.
(d)
The 48 hour pre-notification requirements of subsections
(a) and (b) [
(e)
A person may not be considered in violation of this section
if a pest sign is removed by an unauthorized person or if the space to be
treated is vacant, unused and unoccupied at the time of treatment [
(f)
A person found in violation of this section is subject
to the administrative penalty provisions of the Structural Pest Control Act, §10B.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on March 1, 2000.
TRD-200001569
Benny M. Mathis, Jr.,
Executive Director
Structural Pest Control Board
Earliest possible date of adoption: April 16, 2000
For further information, please call: (512) 451-7200
22 TAC §595.10
The Structural Pest Control Board proposes amendments to §595.10,
concerning inspections. The proposal is making clerical changes without altering
the body of the regulation.
Benny M. Mathis, Executive Director has determined that there will not
be fiscal implications as a result of enforcing or administering the rule.
There will be no estimated additional cost, estimated reduction in cost or
estimated loss or increase in revenue for state or local government for the
first five year period the rule will be in effect.
Comments on the proposal may be submitted to Frank M. Crull, General Counsel,
Structural Pest Control Board, 1106 Clayton Lane #100LW, Austin, Texas 78723.
The amendment is proposed under Tex.Rev.Civ.Stat.Ann., Article
135b-6, which provides the Structural Pest Control Board with the authority
to license and regulate the structural pest control industry.
The following is the (statutes, articles or code) that are affected by
this rule. Rule Number Statute, Article or Code 595.10 Article 135b-6
595 Compliance and Enforcement
§595.10.Inspections.
(a)
Each licensed pest control business shall be inspected
at least one time in any two-year period. Businesses showing a lack of compliance
with Board law or rules may be inspected more frequently. The
Executive
Director
[
(b)
If the
Board
[
(c)
Procedures for the conduct of an investigation shall be
contained in the Texas Structural Pest Control Board investigations Manual,
which shall contain all requirements of the Structural Pest Control Act, §4C(b).
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on March 1, 2000.
TRD-200001570
Benny M. Mathis, Jr.
Executive Director
Structural Pest Control Board
Earliest possible date of adoption: April 16, 2000
For further information, please call: (512) 451-7200
22 TAC §595.11
The Structural Pest Control Board proposes amendments to §595.11,
concerning schools. The proposal makes clerical changes, specifies proposal
specifications that the IPM Coordinator shall oversee, requires that current
pesticide labels and Material Safety Data Sheets be kept by the IPM Coordinator.
The proposal also clarifies maintenance of pesticide application records and
incidental use reports, and states pest control services must be consistent
with IPM policies while deleting language regarding effective date of this
regulation.
Benny M. Mathis, Executive Director has determined that there will not
be fiscal implications as a result of enforcing or administering the rule.
There will be no estimated additional cost, estimated reduction in cost or
estimated loss or increase in revenue to state or local government for the
first five year period the rule will be in effect.
Benny M. Mathis, Executive Director has determined that for each year of
the first five years the rule as proposed is in effect, the public benefits
anticipated as a result of enforcing the rule as proposed will be a more complete
and detailed maintaining of records for the school districts by the IPM Coordinator
and a better enforcement of the IPM principles which will make for a safer
school environment for the school children of the State of Texas.
Comments on the proposal may be submitted to Frank M. Crull, General Counsel,
Structural Pest Control Board, 1106 Clayton Lane #100LW, Austin, Texas 78723.
The following is the (statutes, articles or code) that are affected
by this rule. Rule Number Statute, Article or Code 595.11 Article 135b-6
595 Compliance and Enforcement
§595.11.Schools.
(a)
Pesticide applications shall not be made within a school
building if such an application will expose students to unacceptable levels
of pesticides.
(1)
Insect and rodent baits in tamper-resistant containers
or bait stations that are on the Green List, or non-containerized baits or
gels that are on the Green List, as well as botanical insecticides which
are on the
Green List
[
(2)
All other Green List products and Yellow List products
may be applied to a room only if students are not expected to be present
in the room for the next
twelve
12 hours, or the specified re-entry
on the pesticide label, whichever is longer.
(3)
Red List products may be applied to a building only
if students are not expected to be present in the building for the next
twelve
12 hours, or the specified re-entry on the pesticide label, whichever
is longer.
(b)
Pesticide applications shall not be made to outdoor school
grounds if such an application will expose students to physical drift of
pesticide spray particles or unacceptable levels of pesticides.
(1)
Green List products may be applied if students are not
expected to be present within ten
(10)
feet of the application
site at the time of application.
(2)
Yellow List products may be applied if students are
not expected to be present within ten
10
feet of the application
site for the next
twelve
12 hours, and if the treated area is clearly
marked to discourage entry, or secured by means of a fence or similar barrier.
(3)
Red List products may be applied if students are not
expected to be present within
fifty
(50) feet of the application
site for the next
twelve
(12) hours, and if the treated area is
clearly marked to discourage entry, or secured by means of a fence or similar
barrier. Red List products may be applied only if there are not wind conditions
that would disperse the chemical beyond to marked or secured zone.
(c)
Emergency treatments will be permitted in the localized
area of infestation when there is an imminent threat to health or property
or an infestation is imminent. Records of the reasons for emergency treatments
shall be kept in the pest control use records of the business or certified
noncommercial applicator performing the treatment.
(d)
Each school district shall develop a written pest management
policy for all structural pest control activities conducted on school property
based on the most current Structural Pest Control IPM document. The pest
management policy must be adopted by the school
Board
[
(1)
strategies that rely on the best combination of pest management
tactics that are compatible with human health and environmental protection;
(2)
proper identification of pest problems;
(3)
monitoring programs to determine when pests are present
or when pest problems are severe enough to justify corrective action;
(4)
use of non-chemical management strategies whenever
practical; and
(5)
preferential use of least-toxic chemical controls
when pesticides are needed.
(e)
Each school district shall designate IPM Coordinator(s)
[
(1)
assisting in the coordination of pest management personnel,
ensuring that all school employees who perform pest control have the necessary
training, are equipped with the appropriate personal protective equipment,
and have the necessary licenses for their pest management responsibilities;
(2)
maintaining a prioritized list of needed structural
and landscape improvements;
(3)
for school districts that [
(4)
ensuring that all pesticides used on school district
property are in compliance with the school district's policies
and keep
current pesticide labels, and Material Safety Data Sheets (MSDS)
;
(5)
authorizing and/or reviewing least hazardous, effective
emergency treatments with the approval of the certified applicator as provided
for under §§595.6(d), 595.7(d), 595.8(d)
and this section
of the Structural Pest Control Board regulation;
[
(6)
handling requests and inquiries relating to pest problems,
and maintain records of any pesticide related complaints;
(7)
ensure that files are maintained regarding
[
(8)
informing school district administrators and other
personnel about IPM requirements (e.g., training requirements, pre-notification
and posting requirements, sanitation, and pesticide storage);
and
(9)
maintaining a copy of the school's IPM policy.
(f)
Each school district shall employ or contract with a certified
applicator, who may, if an employee, also be the IPM Coordinator. The certified
applicator shall:
(1)
oversee day to day pest management needs of the district;
(2)
provide written approval/justification of use of products
on the Yellow List;
(3)
handle and forward records of any complaints relating
to pest problems, IPM activities, or pesticides to the IPM Coordinator;
(4)
ensure that proper pesticide application records are
maintained;
(5)
participate in IPM training courses approved for school
IPM personnel by the SPCB;
(6)
consult with the IPM Coordinator concerning use of
products not on the
Green or Yellow List
[
(7)
authorize emergency treatments as provided for in
subsection (e)(5) of this section.
(g)
Licensed technicians must obtain written approval from
the certified applicator to apply
Yellow or Red List products.
[
(h)
Pesticides approved for use on school property must be
mixed outside student occupied areas of the buildings and are classified
as follows:
(1)
Green List. All products must be one of the following:
inorganic pesticides (i.e., boric acid, disodium octoborate tetrahydrate,
silica gels, diatomaceous earth); insect growth regulators; insect and rodent
baits in tamper-resistant containers or for crack and crevice placement only;
microbe-based insecticides; botanical insecticides (not including synthetic
pyrethroids) containing not more than 5.0% synergists; biological (living)
control agents. Green List products may be used at the discretion of the
licensee.
(2)
Yellow List Products. All EPA III and IV pesticides
(i.e., products carrying a CAUTION signal word) not included in the Green
List, with the exception of restricted-use or state-limited-use pesticides
as defined under the Federal Insecticide, Fungicide, and Rodenticide Act
and/or the Texas Agricultural Code. Use of Yellow List products shall require
written approval from the
certified applicator
[
(3)
Red List. All Category I and II pesticides (i.e.,
products carrying a WARNING or DANGER signal word), not included in the Green
List or restricted use pesticides, or state- limited-use pesticides as defined
under the Federal Insecticide, Fungicide, and Rodenticide Act and/or the
Texas Agricultural Code. Use of Red List products requires prior written
approval from the
certified applicator
[
(i)
Written approvals for use of
Yellow and Red List
[
(j)
All [
(k)
Any person found not in compliance with the Act or this
section is subject to administrative penalties under §10B. Such persons
may include the school district or certified commercial applicator.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on March 1, 2000.
TRD-200001571
Benny M. Mathis, Jr.
Executive Director
Structural Pest Control Board
Earliest possible date of adoption: April 16, 2000
For further information, please call: (512) 451-7200
22 TAC §595.13
The Structural Pest Control Board proposes amendments to §595.13,
concerning advertising. The proposal deletes Structural Pest Control Board
from disclaimers or claims which negate or detract from labeling statements
on product label in the use of false, misleading or deceptive advertising.
Benny M. Mathis, Executive Director has determined that there will not
be fiscal implications as a result of enforcing or administering the rule.
There will not be any estimated additional cost, estimated reduction in cost,
or estimated loss or increase in revenue for state of local government for
the first five year period the rule will be in effect.
Benny M. Mathis, Executive Director has determined that for each year of
the first five years the rule as proposed is in effect, the public benefits
anticipated as a result of enforcing the rule as proposed will be clarification
of disclaimers or claims which negate or detract from labeling statements
on product label. This will also result in better enforcement and more protection
for the general public. There will be no anticipated economic cost to individuals
who are required to comply with the rule as proposed.
Comments on the proposal may be submitted to Frank M. Crull, General Counsel,
Structural Pest Control Board, 1106 Clayton Lane #100LW, Austin, Texas 78723.
The amendment is proposed under Tex.Rev.Civ.Stat.Ann., Article
135b-6, which provides the Structural Pest Control Board with the authority
to license and regulate the structural pest control industry.
The following is the (statutes, articles or code) that are affected by
this rule. Rule Number Statute, Article or Code 595.13 Article 13b-6 595
Compliance and Enforcement
§595.13.Advertising.
A licensee shall not use false, misleading or deceptive advertising.
Examples of statements or representations which constitute false, misleading
or deceptive advertising include the following:
(1)
a false or misleading statement concerning the composition
of products used;
(2)
a false or misleading statement concerning the effectiveness
of a product as a pesticide or device;
(3)
a false or misleading statement about the value of
the product for purposes other than as a pesticide or device;
(4)
a false or misleading comparison with other pesticides;
(5)
a statement directly or indirectly implying that a
pesticide or device is recommended or endorsed by any agency of the state
or federal government, such as "EPA Registered" or "EPA Approved";
(6)
a true statement used in such a way as to give a false
or misleading impression to the consumer;
(7)
disclaimers or claims which negate or detract [
(8)
claims as to the safety of a pesticide or its ingredients,
including statements such as "free from risk or harm", "safe", "non-injurious",
"harmless", or "non-toxic to humans and pets", with or without such a qualifying
phrase as "when used as directed";
(9)
claims that the pesticides and other substances the
licensee applies, the application of such pesticides, or any other use of
them are comparatively safe or free from risk or harm;
(10)
claims that the pesticides and other substances the
licensee applies, the applications of such pesticides, or any other use of
them, are "environmentally friendly", "environmentally sound", environmentally
aware", environmentally responsible", pollution approved", "contain all natural
ingredients", "organic", or are "among the least toxic chemicals known"; and
(11)
claims regarding its goods and services for which
the licensee does not have substantiation at the time such claim is made.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State, on March 1, 2000.
TRD-200001572
Benny M. Mathis, Jr.
Executive Director
Structural Pest Control Board
Earliest possible date of adoption: April 16, 2000
For further information, please call: (512) 451-7200
22 TAC §595.14
The Structural Pest Control Board proposes an amendment to §595.14
concerning Reduced Impact Pest Control Service. The amendment proposes clerical
changes, states on Consumer Information Sheet (CIS) for Reduced Impact that
regular inspection of lawn areas for early detection of pest presence is essential
to IPM.
Benny M. Mathis, Executive Director, has determined that there will not
be fiscal implications as a result of enforcing or administering the rule.
There will not be any estimated additional cost, estimated reduction in cost,
or estimated loss or increase in revenue to state or local government for
the first five year period the rule will be in effect.
Mr. Mathis has also determined that for each year of the first five years
the rule as proposed is in effect, the public benefits as a result of enforcing
the rule as proposed will be better understanding of the rule by consumers,
service providers and the public at large, and better application of enforcement
of the rule for the benefit of the consumer and the public at large. There
will be no anticipated economic cost to individuals or small businesses who
are required to comply with the rule as proposed.
Comments on the proposal may be submitted to Frank M. Crull, General Counsel,
Structural Pest Control Board, 1106 Clayton Lane #100LW, Austin, Texas, 78723.
The amendment is proposed under Texas Revised Civil Statutes
Annotated, Article 135b-6, which provides the Structural Pest Control Board
with the authority to license and regulate the structural pest control industry.
Article 135b-6 is affected by this amendment.
§595.14.Reduced Impact Pest Control Service.
(a)
a business may qualify to use the Reduced Impact Pest Control
Services designation by having all certified applicators who will be supervising
the service attend a continuing education course approved for Reduced Impact
Service. All licensed employees will have verifiable training from a certified
applicator who has attended the course and is approved to provide such training.
(b)
The goal of Reduced Impact Pest Control Services is to
effectively control pests and to provide customer satisfaction while seeking
to minimize individual's exposure to chemical pesticides through the application
of Integrated Pest Management principles.
(c)
A business using the Reduced Impact Pest Control Service
designation shall meet the following requirements:
(1)
The Board-approved Consumer Information Sheet must be used
and it must be provided at the time of inspection.
(2)
An inspection shall be performed prior to any pest
control treatment. The inspection report must include:
(A)
A description of all areas inspected.
(B)
A description of conditions conducive to infestation and/or
evidence of active infestation with recommendations for nonchemical solutions
to those problems.
(C)
A description of any treatment performed and the reason
for the treatment recommendations and reasons for chemical application must
be consistent with the goal of Reduced Impact Pest Control Services. Customer
request is an appropriate reason, provided the inspection report informs the
customer of practical and feasible alternatives which would result in less
exposure to chemical pesticides. For each application recommended, specify
whether a target pest is actually present or the application is a preventative
one.
(3)
The customer must provide, in writing in the
contract, authorization for treatment and the names of any specific pesticides
which are not to be used or if no pesticides are to be used in providing service.
This must be done prior to the initiation of service. This information shall
be kept in the pest control use records.
(4)
A copy of the written inspection report must be provided
at the time of each service and a copy must be kept in the pest control use
records.
(d)
Notwithstanding §595.13 of this title (relating to
Advertising), the following words may be used in a advertisement for services
by a business authorized to provide Reduced Impact Service: Reduced Impact
Service; Reduced Impact Methods; Reduced Impact Techniques; Reduced Risk Methods;
Reduced Hazards; Reduced Exposure; Reduced Impact Specialist; Environmentally
Sensitive Services; Environmentally Sensitive Programs; Environmentally Friendly;
Environmentally Sound; Environmentally Aware; Environmentally Responsible
or any other words descriptive of the service which are not specifically listed
as prohibited in §595.13 and which can be substituted by the business's
adherence to the goals of Reduced Impact Service.
(e)
A business licensee and employees of a business licensee
who are found to be in violation of any provisions of this section may, in
addition to all other applicable sanctions, lose the Reduced Impact authorization
held by the business licensee.
(f)
Licensees holding the Reduced Impact authorization and
licensed in the lawn and ornamental or weed categories may use the following
text in place of that required in §595.7 [
Figure: 22 TAC §595.14(f)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on March 1, 2000.
TRD-200001573
Benny M. Mathis, Jr.
Executive Director
Structural Pest Control Board
Earliest possible date of adoption: April 16, 2000
For further information, please call: (512) 451-7200
22 TAC §595.15
The Structural Pest Control Board proposes an amendment to §595.15
concerning Incidental Use Situation Fact Sheet. The proposal removes school
district employees from this provision. Furthermore, school district employees
are now required to be licensed for any pest control application.
Benny M. Mathis, Executive Director, has determined that there will not
be fiscal implications as a result of enforcing or administering the rule.
There will not be any estimated additional cost, estimated reduction in cost
or estimated loss or increase in revenue to state or local government for
the first five year period the rule will be in effect.
Mr. Mathis has also determined that for each year of the first five years
the rule as proposed is in effect, the public benefits anticipated as a result
of enforcing the rule as proposed will be the making of a safer environment
for Texas school children and the more judicious use of pesticides in the
schools. There is no anticipated economical cost to individuals or small businesses
who are required to comply with the rule as proposed.
Comments on the proposal may be submitted to Frank M. Crull, General Counsel,
Structural Pest Control Board, 1106 Clayton Lane #100LW, Austin, Texas, 78723.
The amendment is proposed under Texas Revised Civil Statues Annotated,
Article 135b-6, which provides the Structural Pest Control Board with the
authority to license and regulate the structural pest control industry.
Article 135b-6 is affected by this amendment.
§595.15.Incidental Use Situation Fact Sheet.
(a)
The Structural Pest Control Board Incidental Use Fact Sheet
must contain the following text: "This fact sheet must be distributed to all
city, county, and state employees who apply general use pesticides and are
not licensed by the Texas Department of Agriculture and do not have a Structural
Pest Control Board Non-Commercial Applicator's or Technician License. [
(b)
The incidental use fact sheet shall be provided during
pesticide instruction to each employee of the state or a political subdivision
of the state other than a school district whose primary duty is not pest control,
and whose work may include tasks subject to the incidental use exception.
(c)
Each governmental unit is responsible for distributing
the fact sheet to the designated employees.
(d)
Primary duty is defined as a job duty that is part of a
written job description or is a regularly assigned task of the employee.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on March 1, 2000.
TRD-200001574
Benny M. Mathis, Jr.
Executive Director
Structural Pest Control Board
Earliest possible date of adoption: April 16, 2000
For further information, please call: (512) 451-7200
22 TAC §595.17
The Structural Pest Control Board proposes an amendment to §595.17
concerning Incidental Use For Schools. The amendment defines incidental use,
and finds that incidental use is for emergency situations where safety of
students or workers is at risk. Furthermore, the rule now designates the certified
applicator or technician as responsible in the event of pesticide misapplication
and states penalties may be assessed against the individual, adds IPM Coordinator
keep records of all training conducted annually and states IPM Coordinator
must keep pesticide use records for all incidental use applications including
the reason for application and the justification for emergency for a period
of two years.
Benny M. Mathis, Executive Director, has determined that there will not
be fiscal implications as a result of enforcing or administering the rule.
There will not be any estimated additional cost, estimated reduction in cost
or estimated loss or increase in revenue for state or local government for
the first five year period the rule will be in effect.
Mr. Mathis also has determined that for each year of the first five years
the rule as proposed is in effect, the public benefits anticipated as a result
of enforcing the rule as proposed will be the more judicious use of pesticides
in the schools which will result in a safer environment for the children of
Texas. There will be no anticipated economic cost to individuals or small
businesses who are required to comply with the rule as proposed.
Comments on the proposal may be submitted to Frank M. Crull, General Counsel,
Structural Pest Control Board, 1106 Clayton Lane #100LW, Austin, Texas, 78723.
The amendment is proposed under Texas Revised Civil Statutes
Annotated, Article 135b-6, which provides the Structural Pest Control Board
with the authority to license and regulate the structural pest control industry.
Article 135b-1 is affected by this amendment.
§595.17.Incidental Use For Schools.
(a)
The Structural Pest Control Board Incidental Use Situation
For Schools Fact Sheet must contain the following text: "This fact sheet must
be distributed to all employees of school districts who apply general use
Green List pesticides or Yellow List pesticides specific to bee and wasp applications
and are not licensed by the Texas Department of Agriculture and do not have
a Structural Pest Control Board Noncommercial Applicator's or Technician License.
The fact sheet, instruction and training shall be provided upon initial
employment by the school district's IPM Coordinator, and thereafter shall
be available as needed. These general use Green List pesticides include insecticides
[
(b)
The
Incidental Use For Schools Fact Sheet
[
(c)
Primary duty is defined as a job duty that is part of a
written job description or is a regularly assigned task of the employee.
(d)
Pest control use records must be kept
by IPM Coordinator
for all
Incidental Use
[
(e)
Incidental
Use
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on March 1, 2000.
TRD-200001575
Benny M. Mathis, Jr.
Executive Director
Structural Pest Control Board
Earliest possible date of adoption: April 16, 2000
For further information, please call: (512) 451-7200
22 TAC §595.21
The Structural Pest Control Board proposes an amendment to §595.21
concerning entry and access. The proposal makes clerical changes without changing
the body of the regulation. The language change will provide consistency with
other Board rules.
Benny M. Mathis, Executive Director, has determined that there will not
be fiscal implications as a result of enforcing or administering the rule.
There will be no estimated additional cost, estimated reduction in cost or
estimated loss or increase in revenue to state or local government for the
first five year period the rule will be in effect.
Mr. Mathis has also determined that for each year of the first five years
the rule as proposed is in effect, the public benefits anticipated as a result
of enforcing the rule as proposed will be the clarification of the rule and/or
any language ambiguity. There is no anticipated economic cost to individuals
or small businesses who are required to comply with the rule as proposed.
Comments on the proposal may be submitted to Frank M. Crull, General Counsel,
Structural Pest Control Board, 1106 Clayton Lane #100LW, Austin, Texas, 78723.
The amendment is proposed under Texas Revised Civil Statute Annotated,
Article 135b-6, which provides the Structural Pest Control Board with the
authority to license and regulate the structural pest control industry.
Article 135b-6 is affected by this amendment.
§595.21.Entry and Access.
(a)
Authorized employees of the
Board
[
(b)
In conducting these investigations, the employees may,
with proper permission:
(1)
enter the premise of a licensee during normal business
hours to examine records, question witnesses, inspect pesticides and equipment
used for pest control, and collect samples;
(2)
enter premises where licensees are performing pest
control operations to inspect the use of pesticides and devices, check employee
credentials, collect samples, identify pests, and inspect equipment;
(3)
on public property, inspect pesticides and equipment
and question employees of persons suspected of conducting structural pest
control activities.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State, on March 1, 2000.
TRD-200001576
Benny M. Mathis, Jr.
Executive Director
Structural Pest Control Board
Earliest possible date of adoption: April 16, 2000
For further information, please call: (512) 451-7200
22 TAC §595.22
The Structural Pest Control Board proposes an amendment to §595.22
concerning Investigation of Complaints. The proposal makes clerical changes
without changing the body of the regulation. The language change will provide
consistency with other Board rules.
Benny M. Mathis, Executive Director, has determined that there will not
be fiscal implications as a result of enforcing or administering the rule.
There will be no estimated additional cost, estimated reduction in cost or
estimated loss or increase in revenue to state or local government for the
first five year period the rule will be in effect.
Mr. Mathis has also determined that for each year of the first five years
the rule as proposed is in effect, the public benefits anticipated as a result
of enforcing the rule as proposed will be the clarification of the rule and
any language ambiguity. There is no anticipated economic cost to individuals
or small businesses who are required to comply with the rule as proposed.
Comments on the proposal may be submitted to Frank M. Crull, General Counsel,
Structural Pest Control Board, 1106 Clayton Lane #100LW, Austin, Texas, 78723.
The amendment is proposed under Texas Revised Civil Statutes
Annotated, Article 135b-6, which provides the Structural Pest Control Board
with the authority to license and regulate the structural pest control industry.
Article 135b-6 is affected by this amendment.
§595.22.Investigation of Complaints.
(a)
Any person with cause to believe that any provision of
the Act or this chapter has been violated or who has experienced adverse effects
from the actions of a person engaged in structural pest control may file a
written complaint with the
Board
[
(b)
Upon receipt of a complaint, the
Board
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on March 1, 2000.
TRD-200001577
Benny M. Mathis, Jr.
Executive Director
Structural Pest Control Board
Earliest possible date of adoption: April 16, 2000
For further information, please call: (512) 451-7200
22 TAC §595.23
The Structural Pest Control Board proposes an amendment to §595.23
concerning Investigation Reports. The proposal makes clerical changes without
changing the body of the regulation. The language change will provide consistency
with other Board rules.
Benny M. Mathis, Executive Director, has determined that there will not
be fiscal implications as a result of enforcing or administering the rule.
There will be no estimated additional cost, estimated reduction in cost or
estimated loss or increase in revenue to state or local government for the
first five year period the rule will be in effect.
Mr. Mathis has also determined that for each year of the first five years
the rule as proposed is in effect, the public benefits anticipated as a result
of enforcing the rule as proposed will be the clarification of the rule and
any language ambiguity. There is no anticipated economic cost to individuals
or small businesses who are required to comply with the rule as proposed.
Comments on the proposal may be submitted to Frank M. Crull, General Counsel,
Structural Pest Control Board, 1106 Clayton Lane #100LW, Austin, Texas, 78723.
The amendment is proposed under Texas Revised Civil Statute Annotated,
Article 135b-6, which provides the Structural Pest Control Board with the
authority to license and regulate the structural pest control industry.
Article 135b-6 is affected by this amendment.
§595.23.Investigation Reports.
(a)
Written reports and documented evidence submitted by
Board
[
(b)
A copy of the investigation report resulting from a complaint
will be made available to the complaining party and the party complained against
upon request.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on March 1, 2000.
TRD-200001578
Benny M. Mathis, Jr.
Executive Director
Structural Pest Control Board
Earliest possible date of adoption: April 16, 2000
For further information, please call: (512) 451-7200
22 TAC §599.1
The Structural Pest Control Board proposes an amendment to §599.1
concerning Termite Control. The proposal states it is illegal to use materials,
products etc. for termite control without Board approval and adds that each
US EPA and TDA registered pesticide product or device will be automatically
approved by the Board as long as product is applied or used according to label
instructions.
Benny M. Mathis, Executive Director, has determined that there will not
be fiscal implications as a result of enforcing or administering the rule.
There will not be any estimated additional cost, estimated reduction in cost
or estimated loss or increase in revenue to state or local government for
the first five year period the rule will be in effect.
Mr. Mathis has also determined that for each year of the first five years
the rule as proposed is in effect, the public benefits anticipated as a result
of enforcing the rule as proposed will be the definitive stipulation that
it is illegal to use materials and products without Board approval and makes
the pesticide label the enforcement policy. There is no anticipated economic
cost to individuals or small businesses who are required to comply with the
rule as proposed.
Comments on the proposal may be submitted to Frank M. Crull, General Counsel,
Structural Pest Control Board, 1106 Clayton Lane #100LW, Austin, Texas, 78723.
The amendment is proposed under Texas Revised Civil Statutes
Annotated, Article 135b-6, which provides the Structural Pest Control Board
with the authority to license and regulate the structural pest control industry.
Article 135b-6 is affected by this amendment.
§599.1.Termite Control.
It
is
[
(1)
Each pesticide product or device registered by the United
States Environmental Protection Agency and/or the Texas Department of Agriculture
for termite control will be automatically approved by the
Board
[
(2)
Products or devices not subject to the Environmental
Protection Agency or Texas Department of Agriculture registration may be approved
by the Board if the manufacturer submits a request for approval to the Board.
The request must contain the following information:
(A)
the name and address of the applicant and the name and
address of the person whose name shall appear on the product label, if not
the applicant's;
(B)
the name of the product or device;
(C)
a complete copy of all labeling to accompany the product
or device and a statement of all claims to be made for it, including the directions
for use;
(D)
the complete formula of the product, including active and
inert ingredients;
(E)
a full description of the tests made and the results of
the tests on which claims are based. These tests should be made by a recognized
testing agency or institution and support, to the
Board's
[
(F)
all available toxicology information, including the antidote
or effective treatment.
This agency hereby certifies that the proposal
has been reviewed by legal counsel and found to be within the agency's legal
authority to adopt.
Filed with the Office of
the Secretary of State, on March 1, 2000.
TRD-200001579
Benny M. Mathis, Jr.
Executive Director
Structural Pest Control Board
Earliest possible date of adoption: April 16, 2000
For further information, please call: (512) 451-7200
22 TAC §599.2
The Structural Pest Control Board proposes an amendment to §599.2,
concerning subterranean termite post construction treatments.
The proposal substitutes application for spray mix and the treatment sticker
may be placed on the wall adjacent to water heater, electric breaker box,
beneath the kitchen sink or in the interior bath trap access.
Benny M. Mathis, Executive Director, has determined that there will not
be fiscal implications as a result of enforcing or administering the rule.
There is no estimated additional cost, estimated reduction in cost or estimated
loss or increase in revenue to state or local government for the first five
year period the rule will be in effect.
Benny M. Mathis, Executive Director, has determined that for each year
of the first five years the rule as proposed is in effect, the public benefits
anticipated as a result of enforcing the rule as proposed will be the clarification
of termiticide applications for post construction treatments and providing
protection to the consumer and the public at large. There will be no cost
to small businesses who are required to comply with the rule as proposed.
There is no anticipated economic cost to individuals who are required to comply
with the rule as proposed.
Comments on the proposal may be submitted to Frank M. Crull, Structural
Pest Control Board, 1106 Clayton Lane #100LW, Austin, Texas 78723.
he amendment is proposed under Tex. Rev. Civ. Stat. Ann., Article
135b-6, which provides the Structural Pest Control Board with the authority
to license and regulate the structural pest control industry.
The following is the (statutes, articles or code) that are affected by
this rule: §599.2, Article 135b-6.
§599.2. Subterranean Termite Post Construction Treatments.
(a)
All pesticide applications must be made in accordance
with the directions and precautions specified on the labeling of the pesticide
used. Except, the applications of less than the labeled concentration may
be applied if the volume of
application
[
(b)-(c)
(No change.)
(d)
Upon completion of a termite treatment, other than a bait
treatment
,
the company responsible for providing the treatment
shall leave a durable sign
on the wall
adjacent to the water heater
[
(e)
For a termite treatment using a bait product, the requirement
to place a durable sign [
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on March 1, 2000.
TRD-200001580
Benny M. Mathis, Jr.
Executive Director
Structural Pest Control Board
Earliest possible date of adoption: April 16, 2000
For further information, please call: (512) 451-7200
22 TAC §599.3
The Structural Pest Control Board proposes an amendment to §599.3,
concerning subterranean termite preconstruction treatments.
The proposal leads with the addition that this section does not apply to
baits or baiting systems. Renumbers existing sections and adds to diagram
that a blueprint or building plat showing exact areas of treatment must be
included with the documents that are sent to owners of the property and the
Board. The amendment also proposes a change in the base penalty for violations
of this section.
Benny M. Mathis, Executive Director, has determined that there will not
be fiscal implications as a result of enforcing or administering the rule.
There will be no estimated additional cost, estimated reduction in cost or
estimated loss or increase in revenue to state or local government for the
first five year period the rule will be in effect.
Benny M. Mathis, Executive Director, has determined that for each year
of the first five years the rule as proposed is in effect, the public benefits
anticipated as a result of enforcing the rule as proposed will be a clarification
of the rule for the better understanding of the consumer, the service provider
and the public at large, and a better application and enforcement of the rule
for the benefit of the consumer and the public at large. There will be no
cost to small businesses who are required to comply with the rule as proposed.
There is no anticipated economic cost to individuals who are required to comply
with the rule as proposed.
Comments on the proposal may be submitted to Frank M. Crull, General Counsel,
Structural Pest Control Board, 1106 Clayton Lane #100LW, Austin, Texas 78723.
The amendment is proposed under Tex. Rev. Civ. Stat. Ann., Article
135b-6, which provides the Structural Pest Control Board with the authority
to license and regulate the structural pest control industry.
The following is the (statutes, articles or code) that are affected by
this rule: §§599.3, 599.4, 599.11, Article 135b-6.
§599.3. Subterranean Termite Pre-Construction Treatments.
(a)
This section does not apply
to baits or baiting systems.
(b)
[
(c)
[
(d)
[
[
This section does not apply
to termiticides applied as bait.]
(e)
Notice of all pre-construction treatments with contracts
requiring treatment of a structure other than a single family dwelling must
be called or faxed in to the Structural Pest Control Board between the hours
of 6:00 a.m. and 9:00 p.m. using the specified telephone or fax number at
least four
(4)
, and no more than
twenty four (24)
[
(f)
For all
commercial
pre-construction treatments,
the licensee must maintain records of square footage treated per application
site, amount of termiticide used per application site, [
(g)
Any violation of this section will result in an administrative
penalty of not less than $3000 per violation and is considered a base penalty
3
[
[(h)
The Board will begin review of this
section two years after its effective date.]
Filed with the Office
of the Secretary of State, on March 1, 2000.
TRD-200001581
Benny M. Mathis, Jr.
Executive Director
Structural Pest Control Board
Earliest possible date of adoption: April 16, 2000
For further information, please call: (512) 451-7200
22 TAC §599.5
The Texas Structural Pest Control Board proposes an amendment
to §599.5, concerning inspection procedures.
The proposal deletes language on post construction termite treatment from
the Wood Destroying Insect Report and adds that a Wood Destroying Insect Inspection
report must be approved by a certified applicator upon completion. The language
of WDI is spelled out as a clerical change and to provide consistency with
Board rules.
Benny M. Mathis, Executive Director, has determined that there will not
be fiscal implications as a result of enforcing or administering the rule.
There will be no estimated additional cost, estimated reduction in cost or
estimated loss or increase in revenue to state or local government for the
first five year period the rule will be in effect.
Benny M. Mathis, Executive Director, has determined that for each year
of the first five years the rule as proposed is in effect, the public benefits
anticipated as a result of enforcing the rule as proposed will be the better
understanding of the rule by the consumer, the service provider and the public
at large, and a better application and enforcement of the rule for the benefit
of the consumer and the public at large. There will be no cost to small businesses
who are required to comply with the rule as proposed. There is no anticipated
economic cost to individuals who are required to comply with the rule as proposed.
Comments on the proposal may be submitted to Frank M. Crull, General Counsel,
Structural Pest Control Board, 1106 Clayton Lane #100LW, Austin, Texas 78723.
The amendment is proposed under Tex. Rev. Civ. Stat. Ann., Article
135b-6, which provides the Structural Pest Control Board with the authority
to regulate persons who perform structural pest control services.
The following is the (statutes, articles or code) that are affected by
this rule: §599.5, Article 135b-6.
§599.5. Inspection Procedures.
(a)
Inspections for the purpose of issuing a wood destroying
insect report [
(b)
(No change.)
[
The inspector shall have
knowledge of:]
[
the biology, habits, and identification of
wood destroying insects;]
[
applicable federal, state, and local
regulations;]
[
local construction practices; and]
[
the appropriate tools to use in conducting
WDI inspections.]
(c)
[
(1)
the address or location;
(2)
a
diagram
[
(A)
approximate measurements as accurately as
practical
[
(B)
construction details needed for clarity of the report;
(C)
areas of present
Wood Destroying Insect activity
[
(D)
areas of previous
Wood Destroying Insect
[
(E)
areas of conditions conducive to infestation by
Wood Destroying Insects
[
[
the type of construction;]
[
foundation:]
[
slab;]
[
pier and beam and type of pier;]
[
basement; or]
[
other (specify);]
[
siding:]
[
wood;]
[
brick or stone; or]
[
other (specify);]
[
roof:]
[
composition;]
[
wood shingle;]
[
metal; or]
[
other;]
[
primary use:]
[
residence;]
[
public building;]
[
commercial;]
[
industrial; or]
[
other (specify);]
(3)
[
(d)
[
(1)
plumbing;
(A)
bathroom;
(B)
kitchen;
(C)
laundry; or
(D)
other (specify, i.e., hot tub, etc.);
(2)
window and door frames and sills;
(3)
baseboards, flooring, walls, and ceilings;
(4)
entrance steps and porches;
(5)
exterior of slab or foundation wall;
(6)
crawl space:
(A)
support piers (include stiff legs);
(B)
floor joist;
(C)
sub floors;
(D)
sill plates; and
(E)
foundation wall;
(7)
fireplace; and
(8)
weep holes.
(e)
[
(1)
termite life forms or signs of current active infestation;
(2)
termite tubes or frass;
(3)
exit holes or frass from other
Wood Destroying
Insects;
[
(4)
evidence of previous treatment or infestation;
(5)
conditions conducive to termite infestation such
as:
(A)
wood to ground contact;
(B)
formboards left in place;
(C)
excessive moisture;
(D)
debris under or around structure;
(E)
footing too low or soil line too high;
(F)
insufficient clearance in crawl space;
(G)
expansion joints or cracks in slab; or
(H)
decks;
(6)
infestation of other wood destroying insects.
Filed with the
Office of the Secretary of State, on March 1, 2000.
TRD-200001583
Benny M. Mathis, Jr.
Executive Director
Structural Pest Control Board
Earliest possible date of adoption: April 16, 2000
For further information, please call: (512) 451-7200
22 TAC §599.6
The Texas Structural Pest Control Board proposes an amendment
to §599.6, concerning Real Estate Transaction Inspection Reports.
The proposed amendment clarifies that visible presence or absence of termites
or other wood destroying insects must be noted in connection with the issuance
of a wood destroying insect report. The proposal also renumbers the Official
Wood Destroying Insect Report form.
Benny M. Mathis, Executive Director has determined that there will not
be fiscal implications as a result of enforcing or administering the rule.
There will be no estimated additional cost, estimated reduction in cost or
estimated loss or increase in revenue on state or local government for the
first five-year period the rule will be in effect. The cost of compliance
with the rule for small businesses will be $75.00
Benny M. Mathis, Executive Director has determined that for each year of
the first five years the rule as proposed is in effect, the public benefits
anticipated as a result of enforcing the rule as proposed will be improvement
in the understanding and use of the Texas Official Wood Destroying Insect
Report by consumers, the real estate industry and the structural pest control
industry.
Comments on the proposal may be submitted to Frank M. Crull, General Counsel,
Structural Pest Control Board, 1106 Clayton Lane #100LW, Austin, Texas 78723.
The amendment is proposed under Tex. Rev. Civ. Stat. Ann., Article
135b-6, which provides the Structural Pest Control Board with the authority
to license and regulate persons who perform wood destroying insect inspections.
The following is the (statutes, articles or code) that are affected by
this rule: §599.5, 599.6, Article 135b-6.
§599.6. Real Estate Transaction Inspection Reports.
(a)
All inspection reports issued regarding the
visible
presence or absence of termites and other wood destroying insects in
connection with a real estate transaction shall be made on a form prescribed
and officially adopted by the board.
(b)
(No change.)
(c)
The Texas Official Wood Destroying Insect Report Form
SPCB\T-4
[
(d)
(No change.)
Filed with the Office
of the Secretary of State, on March 1, 2000.
TRD-200001584
Benny M. Mathis, Jr.
Executive Director
Structural Pest Control Board
Earliest possible date of adoption: April 16, 2000
For further information, please call: (512) 451-7200
22 TAC §599.7
The Structural Pest Control Board proposes an amendment to §599.7,
concerning posting notice of inspection.
The proposed amendment renumbers the Texas Official Wood Destroying Insect
Report form, adds the requirement of posting for treatment as well as inspection
and that the posting of the treatment sticker be on the wall adjacent to the
water heater, interior of bath trap access, electric breaker box, or beneath
the kitchen sink and adds that the product used be stated.
Benny M. Mathis, Executive Director, has determined that there will not
be fiscal implications as a result of enforcing or administering the rule.
There will not be any estimated additional cost, estimated reduction in cost
or estimated loss or increase in revenue to state or local government for
the first five year period the rule will be in effect.
Benny M. Mathis, Executive Director has determined that for each year of
the first five years the rule as proposed is in effect, the public benefits
anticipated as a result of enforcing the rule as proposed will be that of
providing additional safeguards for the consuming public, and better application
and enforcement for the benefit of the consumer and the public at large. There
will be no cost to small businesses who are required to comply with the rule
as proposed. There are no anticipated economic costs to individuals who are
required to comply with the rule as proposed.
Comments on the proposal may be submitted to Frank M. Crull, General Counsel,
Structural Pest Control Board, 1106 Clayton Lane #100LW, Austin, Texas 78723.
The amendment is adopted under Tex. Rev. Civ. Stat. Ann., Article
135b-6, which provides the Structural Pest Control Board with the authority
to license and regulate the structural pest control industry.
The following is the (statutes, articles or code) that are affected by
this rule: §599.7, Article 135b-6.
§599.7. Posting Notice of Inspection or Treatment .
(a)
Upon completion of an inspection for the purposes of completing
the
SPCB/T-4
[
(b)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on March 1, 2000.
TRD-200001585
Benny M. Mathis, Jr.
Executive Director
Structural Pest Control Board
Earliest possible date of adoption: April 16, 2000
For further information, please call: (512) 451-7200
22 TAC §599.11
The Structural Pest Control Board proposes an amendment to §599.11,
concerning structural fumigation requirements.
The proposed amendment specifies the responsibility of the certified applicator
throughout the regulation as that individual that performs the fumigation,
fulfills posting requirements, secures the structure to prevent entry by those
unauthorized and maintaining safety and establishing responsibility for the
handling of the gases used in the fumigation. The proposal also adds that
the treatment sticker be posted on the wall adjacent to the electric breaker
box, as well as beneath the kitchen sink or in the interior bath trap access
and specifies that the report for each fumigation job include temperature
and wind conditions.
Benny M. Mathis, Executive Director, has determined that there will not
be fiscal implications as a result of enforcing or administering the rule.
There will not be any estimated additional cost, estimated reduction in cost
or estimated loss or increase in revenue to state or local government for
the first five year period the rule will be in effect.
Benny M. Mathis, Executive Director, has determined that for each year
of the first five years the rule as proposed is in effect, the public benefits
anticipated as a result of enforcing the rule as proposed will heighten protection
for the public health and safety of the public at large. There will be no
cost to small businesses who are required to comply with the rule as proposed.
There are no anticipated economic costs to individuals who are required to
comply with the rule as proposed.
Comments on the proposal may be submitted to Frank M. Crull, General Counsel,
Structural Pest Control Board, 1106 Clayton Lane #100LW, Austin, Texas 78723.
The amendment is proposed under Tex. Rev. Civ. Stat. Ann., Article
135b-6, which provides the Structural Pest Control Board with the authority
to license and regulate the structural pest control industry.
The following is the (statutes, articles or code) that are affected by
this rule: §599.4, §599.11, Article 135b-6.
§599.11. Structural Fumigation Requirements.
(a)-(e)
(No change.)
(f)
Warning signs shall be printed in red on white backgrounds
and shall contain the following statement in letters not less than two inches
in height; "Danger--Fumigation." They shall also depict a skull and crossbones,
not less than one inch in height, the name of the fumigant, the date and time
fumigant was introduced, and the name, address, and telephone number where
the
certified applicator
[
(g)
On any structure that has been fumigated, the
certified
applicator
[
(h)
A
certified applicator
[
(i)
The
certified applicator
[
(j)
For the purpose of maintaining proper safety and establishing
responsibility in handling the dangerous gases used in fumigation, the
certified applicator
[
(1)-(2)
(No change.)
(3)
type of
roof
[
(4)-(5)
(No change.)
(6)
[
(7)-(8)
(No change.)
(9)
temperature and wind conditions
[
(10)-(14)
(No change.)
(k)
(No change.)
Filed with the Office
of the Secretary of State, on March 1, 2000.
TRD-200001586
Benny M. Mathis, Jr.
Executive Director
Structural Pest Control Board
Earliest possible date of adoption: April 16, 2000
For further information, please call: (512) 451-7200
Chapter 661.
GENERAL RULES OF PROCEDURES AND PRACTICES
Subchapter D. APPLICATIONS, EXAMINATIONS, AND LICENSING
either
] a birth certificate and translation
if necessary to prove that the applicant is a least 21 years of age. In instances
where a birth certificate is not available the applicant must provide copies
of a passport or other suitable alternate documentation.
(15)
Additional Photograph. Applicants
required to sit for the USMLE examination must submit two recent photographs
that meet United States Government passport standards.
]
(16)
] Specialty Board Certification.
Each applicant that has obtained certification by a board that is a member
of the American Board of Medical Specialties or the Bureau of Osteopathic
Specialists must submit a copy of the certificate issued by the member showing
board certification.
(17)
] Continuing Medical
Education (CME). Each applicant must provide copies of certificates showing
completion of at least equal to the number of CME hours required by the endorsing
state.
(18)
] Medical License Verifications.
Each applicant will have every state, in which he or she has ever been licensed,
regardless of the current status of the license, submit on his or her behalf,
directly to this board a letter verifying the status of the license and a
description of any sanctions or pending disciplinary matters.
ten
] years for the treatment of
alcohol/substance abuse or mental illness must submit the following:
an admitting summary and discharge
summary
], submitted directly from the inpatient facility;
ten
] years for alcohol/substance
abuse or mental illness must submit the following:
Part 17.
TEXAS STATE BOARD OF PLUMBING EXAMINERS
Part 25.
STRUCTURAL PEST CONTROL BOARD
$75 for continuing education course.
]
Chapter 595.
COMPLIANCE AND ENFORCEMENT
of
] the business of the license
holder. In the case of a nonresident license holder, the license shall be
displayed in a conspicuous place
at
[
of
] the residence
or
at the
place of business of the license holder's resident agent.
All structural pest control licenses shall be presented for visual inspection
upon request of a board investigator.
technicians and apprentices.
]
uncertified
] employees
of a pest control business.
the
] certified applicator must [
have personal contact
]
be physically present to give personal instructions to an apprentice
at least three days
a
[
per
] week with the technician
or apprentices being supervised. The technician or apprentice must reside
within the normally accepted commuting area of the licensed business office
or work location and must personally report to a certified applicator at
least three days
a
[
per
] week to receive instructions.
Uncertified employees
]
Employees
may not schedule and perform pest control work unless [
verifiable
]
instructions for the type of work to be done are obtained from
a
[
the
] certified applicator.
the
] name and address of the customer, [
the
] name of pesticides
or devices used, [
the
] amounts of pesticides or devices used, [
the percent in solution of
]
application of solution or amount of
concentrate of
pesticides used, [
the
] purpose for which the
pesticides or devices were used or target pest, [
the
] date the
pesticides or devices were used, and the service address where the pesticides
or devices were used. These records shall be made available to the
Board
[
board
] or its authorized agents in accordance with the
Structural Pest Control Act, as amended.
left with the customer at the time
of service
].
requirements
] in
subsection (a) and (b) of this section shall be legible and printing shall
be in at least seven-point type.
(d)
The pre-notification provisions of subsections
(a)-(c) of this section are waived if the customer and certified applicator
sign a statement attesting to the fact that an emergency exists that requires
immediate treatment. If the customer is not available to sign a statement
at the time of treatment, the customer's name and telephone number shall
be noted in the pest control use records. The statement must be kept on file
with the pest control use records at the business license location. Certified
noncommercial applicators may attest to the emergency by signing a statement
attesting to the emergency an must keep the statement on file with the pest
control use records at their place of employment. An emergency is defined
as an imminent hazard to health or property or an imminent infestation and
emergency treatment is limited to the localized area of the emergency.
]
(e)
] An indoor treatment includes
a perimeter treatment if the primary purpose of the treatment is to treat
the interior of the structure.
(f)
] A person may not be considered
in violation of this section if the space to be treated is vacant, unused
and unoccupied at the time of treatment, or if extenuating circumstances
require an unplanned treatment.
(g)
] Each pest control sign must
be at least 8 1/2 inches by 11 inches in size and must contain the following
information with the first line in a minimum of 24-point type (one-fourth
inch) and all remaining lines in a minimum of 12-point type (one-eighth inch).
The addition of advertising and logos to the Notice of Pest Control Treatment
is permissible to the extent that such advertising does not interfere with
the purpose of public notification of a pest control treatment. A standard
sign in Spanish is available from the Board upon request. The sign should
appear in the following format:
(g)
]
(h)
] In the space marked "For more
information call or contact," the telephone number where information on the
pesticide(s) used may be obtained shall be listed, such as the apartment
manager, building manager, or pest control operator.
(i)
] In the space marked "phone
number of hotline for pesticide information," the following wording shall
be used: National Pesticide Telecommunications Network 1-800-858-7378.
(j)
] If a workplace has its own
pesticide information center, the workplace center telephone number may be
listed rather than the information in subsection
(h)
[
(i)
] of this section.
For indoor treatments, the Board-approved Consumer Information Sheet, a statement
listing the pesticide(s) used and upon request a label for any pesticide(s)
used shall be distributed by the licensee as follows:
]
(1)
to owners of private residences before
or at the time of treatment;
]
(2)
to each unit of residential rental
properties of less than five units at the time of the treatment;
]
(3)
to the owner or manager of residential
rental properties with five or more units at least 48 hours prior to a planned
treatment;]
(4)
to employers, managers, or administrators
of work places, hospitals, nursing homes, hotels, motels, lodges, warehouses,
food-processing establishments, school or educational institutions, or day-care
centers at least 48 hours prior to a planned treatment. A work place is defined
as any non-residence with three or more full-time paid employees which is
treated by a licensed business or a certified noncommercial applicator.
]
For outdoor treatments, the Board-approved Consumer
Information Sheet, a statement listing the pesticide(s) used, and upon request
a label for each pesticide used shall be distributed by the licensee as follows:
]
(1)
to owners of private residences before
the treatment begins;
]
(2)
to each unit of a residential rental
property with fewer than five units at the time of treatment.
]
The Official Structural Pest Control Board
Consumer Information Sheet must be used. Copies of the Consumer Information
Sheet are available from the Board in English and Spanish and shall read
as follows:
]
(c)
]
(d)
] The pre-notification requirements
of subsections
(c)
[
(a)(3)
] and
(d)
[
(4)
] are waived if the customer and certified applicator sign a statement
attesting to the fact that an emergency exists which requires immediate treatment.
If such an emergency exists, the Consumer Information Sheet should be provided
by the licensee at the time of treatment. The statement must be kept on file
with the pest control use records at the business license location. Certified
noncommercial applicators may attest to an emergency by signing a statement
attesting to the emergency and must keep the statement on file with the pest
control use records at their place of employment. If the customer is not
available to sign a statement at the time of treatment, the customer's name
and telephone number shall be noted in the pest control use records. An emergency
is defined as a imminent hazard to health or property or an imminent infestation
and emergency treatment is limited to the localized area of the emergency.
(e)
] Licensees holding the lawn
and ornamental or weed categories may use the following text in place of
that required in subsection
(h)
[
(c)
] of this section:
(e)
]
(f)
] Any customer may waive receipt
of the Consumer Information Sheet for multiple treatments by signing or initialing
below the following written statement: "I have received one copy of the Consumer
Information Sheet for all treatments to be provided as a part of this pest
control service agreement. I may receive additional copies at any time upon
request to the service provider, and will receive any updates to the Consumer
Information Sheet which may occur." A pest control operator must keep a copy
of this statement in the pest control use records for each customer covered
by the agreement.
of this section
] may be waived if an emergency exists
and the customer and certified applicator sign a statement attesting to the
fact that an emergency exists that requires immediate treatment. The statement
must be kept on file with the pest control use records [
at the business
] at the business license location. If the customer is not available
to sign a statement at the time of treatment, the customer's name and telephone
number shall be noted in the pest control use records. Certified noncommercial
applicators may attest to an emergency by signing a statement attesting to
the emergency and must keep the statement on file with the pest control use
records at their place of employment. An emergency is defined as an imminent
hazard to health or property or an imminent infestation and emergency treatment
is limited to the localized area of the emergency.
or
if extenuating circumstances require an unplanned treatment
].
executive director
] may waive this requirement
due to emergency. An emergency in this section is defined as a shortage of
staff availability due to complaint investigations, personnel shortages,
or budgetary constraints.
board
] or the
Executive Director
[
executive director
] determines that
a misapplication of pesticides has occurred on the premises of a consumer,
the consumer and the business license holder or applicator shall be notified
within 20 calendar days of the making of this determination. Records of any
health injuries diagnosed by a licensed physician and property damage caused
by any misapplication by a licensee which is found by the Board shall be
kept in a form reportable to the Texas Department of Health or any institution
of higher education upon their request.
green list
] may be applied at
any time if students are not present in the room at the time the treatment
is occurring. These products may be applied to an open area or multi-purpose
room if the area within ten
(10)
feet of the location is secured
and no students are present within the secured area during the time of application.
board
] and kept on file by the district superintendent and IPM Coordinator.
The policy shall be based on generally accepted tenets of integrated pest
management, as defined by the Environmental Protection Agency. Such tenets
include, but are not limited to:
on or before September 1, 1995
]. The district is responsible
for the IPM Coordinator(s) compliance with Structural Pest Control Board
regulations and school district policy. The person(s) so designated shall
attend a Structural Pest Control Board approved IPM Coordinator training
course within
twelve
(12) months of designation as IPM Coordinator.
The IPM Coordinator(s) shall oversee and be responsible for:
opt to
] conduct
some or all pest management work through independent contractors, working
with district administrators to ensure that pest control
proposal
[
contract bid
] specifications are compatible with IPM principles,
and that pest control contractors work under
the
guidelines of
the district's IPM policy;
of this title
(relating to Compliance and Enforcement) and this section of the Structural
Pest Control Board regulations;
]
maintaining files of
] pesticide application records,
and incidental
use reports are per Sec. 595.17 Incidental Use For Schools.
[
pesticide
labels, and Material Safety Data Sheets (MSDS)
];
green or yellow
list
];
yellow or red list products.
]
Certified Applicator
]. A copy of the approval must be sent to the IPM Coordinator. Yellow
List approvals shall have a duration of no longer than six (6) months or
six (6) applications per site, whichever occurs first.
Certified Applicator
] and the IPM Coordinator. A copy of the approval must be kept in a
separate file in the pest control use records for the school and clearly
marked as Red List Approvals. Red List
Approvals
[
approvals
] shall have a duration no longer than three (3) months or three (3)
applications per site, whichever is first.
yellow and red list
] products shall be made on a form developed by
the Structural Pest Control Board. The approvals shall include a description
of the problem and justification for use of the
Yellow and Red List
[
yellow and red list
] products. Approvals shall be kept
by the IPM Coordinator of the district for a minimum of two years.
contracts for
] pest control services [
executed on or after the effective date of this regulation
] must be
consistent with the school district's written pest management policy.
Structural Pest Control Board
] from labeling statements on the product
label;
of this title (relating
to Consumer Information Sheet)
].
School District employees are not subject to this provision and are required
to be licensed for any pesticide application.
] The fact sheet and instruction
shall be provided upon initial employment and thereafter shall be available
as needed. These general use pesticides include insecticides, herbicides,
fungicides and rodenticides and involve applications made both inside and
outside of structures. Incidental Use is not intended for long terms or extensive
pest control measures. Where long term pest control is required, a trained,
licensed person is to make the applications. Incidental Use is defined as
"A pesticide application on an occasional, isolated, site-specific basis that
is incidental to the primary duties of an employee and involves the use of
general use pesticides after instruction as provided by rules adopted by the
Structural Pest Control Board". Examples of Incidental Use Situations are
treating fire ants in a transformer box, or treating of ants by a janitor
or clerical employee in a break area. Incidental is defined as site-specific
and incidental to the employee's primary duties. If it is a part of the employee's
primary duty to make applications of pesticides, that employee is required,
by law, to obtain either a Structural Pest Control Board License or Texas
Department of Agriculture License, depending on the location and/or type of
application. In all cases of incidental use, the employee should use the least
hazardous, effective method of controlling pests. If chemicals are to be utilized,
they must be applied in strict accordance with manufacturer labels of "General
Use" products being used. Applications made inconsistent with the [
Structural
Pest Control Board Law and Regulations, or applications made inconsistent
with the
] label requirements of the general use product may result in
penalties being assessed against the individual and/or the Certified Non-Commercial
Applicator or Technician responsible. "Incidental Use Situation" applications
of pesticides are regulated by the Structural Pest Control Board. If you have
any questions or comments, contact the Board at (512) 451-7200; written inquiries
may be addressed to the Structural Pest Control Board, 1106 Clayton Lane,
Suite
[
#
]100LW, Austin, Texas 78723." Copies are available
from the Structural Pest Control Board.
and rodenticides
] only and involve applications made both inside
and outside of structures. Incidental Use is not intended for long term or
extensive pest control measures
, rather emergency situations where safety
of students or workers is at risk and there is insufficient time to contact
a licensed applicator
. Where long term pest control is required, a
trained, licensed person is to make the applications. Incidental Use for Schools
is defined as "A pesticide application of a
Green List
[
green
list
] product or a Yellow List product specific to bee or wasp applications
on an occasional,
no more than once a week,
isolated, site-specific
basis that is incidental to the primary duties of an employee and involves
the use of general use pesticides after instruction and training as provided
by rules adopted by the Structural Pest Control Board". Examples of Incidental
Use situations are treating fire ants in a transformer box or treatments for
bees or wasps as a non-routine application to protect children or personnel.
Incidental
Use
is defined as site-specific and incidental to the
employee's primary duties. If it is part of the employee's primary duty to
make applications of pesticides, that employee is required, by law, to obtain
either a Structural Pest Control Board license or Texas Department of Agriculture
license, depending on the location and/or type of application. In all cases
of
Incidental Use
[
incidental use
], the employee should
use the least hazardous, effective method of controlling pests. All applications
to schools or school grounds must be in compliance with school district IPM
policies. If chemicals are utilitized, they must be applied in strict accordance
with manufacturer labels of "General Use" products on the Green or Yellow
List being used. Applications made inconsistent with the Structural Pest Control
Board Law and Regulations, or applications made inconsistent with the label
requirements of the general use product may result in penalties being assessed
against the individual and/or the
certified applicator or technician
[
Certified Noncommercial Applicator or Technician
] responsible.
"Incidental Use Situation" applications of pesticides are regulated by the
Structural Pest Control Board. If you have any questions or comments, contact
the Board at (512) 451-7200; written inquiries may be addressed to the Structural
Pest Control Board, 1106 Clayton Lane, Suite 100LW, Austin, Texas, 78723.
Copies are available from the Structural Pest Control Board.
incidental use fact sheet
] shall be provided during pesticide instruction
and training by the IPM Coordinator to each employee of the school district
whose primary duty is not pest control, and whose work may include tasks
subject to the [
incidental use
] exception. The IPM Coordinator
must keep records of
all
the training
conducted annually
[
which is conducted
].
incidental use
] applications
including reason for application and justification for emergency for two
years.
use
] in school districts
is limited to insecticides and rodenticides on the
Green and
[
green or
] Yellow list.
board
] may conduct investigations of structural pest control activities involving
any person in this state to determine compliance with the Act and
Board
[
board
] rules.
board
]. The
Board
[
board
] will furnish complaint forms for this purpose.
board
] will conduct an investigation and issue a report as soon as possible.
board
] investigators as the result of any investigation
may be admitted, at the
Board's
[
board's
] discretion,
as evidence in any hearing, or used to support other enforcement actions taken
by the board or its authorized staff.
Chapter 599.
TREATMENT STANDARDS
will be
] illegal to use materials, products
and/or methods for termite control that are not approved by the Board.
board
] as long as the product is applied
or used
according
to the instructions on the label or labeling.
board's
] satisfaction, the efficacy and safety of the product when used
as directed; and
spray mix
]
is increased to achieve the intended rate of active ingredient per foot in
the treatment zone.
closet
], electric breaker box, beneath the kitchen sink or in
the interior bath trap access giving the name and address of the licensee,
the final date of the treatment, and a statement that the notice should not
be removed.
as described in subsection (d) of this section
] applies at the time of the first placement of baits and/or monitoring
stations.
(a)
] All pesticide
liquid
applications must be made by using the application rate and methods
and by following the precautionary statements on the labeling of the pesticide
being used. Treatments using less than label recommended concentrations at
higher volume or higher concentrations at reduced volume applications are
prohibited for pre-construction treatments.
(b)
] For a full treatment, the
entire structure shall be treated to provide a continuous horizontal and vertical
barrier as described on the pesticide label including the posting of a treatment
sticker and the final treatment to be performed within
thirty (30)
[
30
] days of notification of completion of landscaping or one year
from the date of completion of construction, whichever comes first. Except,
when construction has proceeded to the point that all areas cannot be treated
before the company providing the treatment is called to perform the application,
a partial treatment will be permitted if the owner of the structure or the
person in charge of the construction and the certified applicator for the
pest control company sign a statement attesting to the construction conditions,
and attach it to the contract with an amended
diagram or blueprint or
building plat
[
graph
] showing the exact areas to be treated
and send copies to the owner of the property and the Structural Pest Control
Board within seven
(7)
days of the application.
(c)
] In order to comply with subsection
(c)
[
(b)
] of this section, it will be necessary to return
to the pretreatment site after the slab has been poured and/or piers and support
beams have been placed to complete the treatment for the vertical barrier.
(d)
24
] hours prior to termiticide application. The licensee must provide
address and site location, type of treatment (partial or full), date and time
of treatment, approximate square footage under contract and the name and physical
address of the business licensee.
If the treatment is cancelled, notice
of cancellation must be sent using the specified telephone or fax number within
one hour of the time the licensee learns of the cancellation.
and
] rate
at which termiticide is mixed for each application site
, number of application
tanks which were in use for the treatment and the capacity, in gallons, of
each application tank, and the start and stop time for the treatment
.
4
].
or for post- construction termite treatment
] shall
be conducted in a manner consistent with the procedures described in this
section. Inspections for the purpose of issuing a Wood Destroying Insect Report
must be conducted by a licensed certified applicator or technician in the
termite category[
.
]
and shall be approved by a certified applicator
upon completion
. The purpose of the inspection is to provide a report
regarding the absence or presence of Wood Destroying Insects [
(W.D.I.)
]. The inspection should provide the basis for recommendations of preventive
or remedial actions
,if necessary,
to minimize economic losses.
For purposes of a Real Estate Transaction Inspection (§599.6 [
of
this title (relating to Real Estate Transaction Inspection Reports)
])
only, there must be visible evidence of active infestation in the structure
or visible evidence of a previous infestation in the structure with no evidence
of prior treatment to recommend a corrective treatment. The inspection must
be conducted so as to ensure examination of visible accessible areas in accordance
with accepted procedures. While such an examination may reveal
Wood Destroying
Insects,
[
W.D.I.,
] there are instances when concealed infestations
and/or damage may not be discovered. Examinations of inaccessible or obstructed
areas are not required.
(c)
(1)
(2)
(3)
(4)
(d)
] The inspector shall describe
structure(s) inspected and include the following:
graph
] (does not
have to be to scale) showing;
possible
];
WDI activity
];
WDI
] activity; and
WDI
];
(3)
(A)
(i)
(ii)
(iii)
(iv)
(B)
(i)
(ii)
(iii)
(C)
(i)
(ii)
(iii)
(iv)
(D)
(i)
(ii)
(iii)
(iv)
(v)
(4)
] inaccessible
or obstructed areas.
(e)
] The inspection shall include,
but is not limited to, the following areas if accessible and unobstructed:
(f)
] Visible evidence of the following
conditions must be reported:
WDI
]
SPCB\T-3
] is adopted by reference. The form may
be examined in the office of the Texas Register and the Structural Pest Control
Board. Forms for reproduction may be obtained from the Structural Pest Control
Board office, 1106 Clayton Lane, Suite 100LW, Austin, Texas
78723-1066
.
SPCB/T-3
] Form, the inspector shall post
a durable sign
on the wall
adjacent to the water heater [
closet
], interior of bath trap access
,
[
or
] electric
breaker box or beneath the kitchen sink giving the name and address of the
licensee, the date of the inspection or treatment, [
and
] a statement
that the notice should not be removed
and of the product used
.
licensee
] performing the fumigation
may be reached
twenty four (24)
[
24
] hours a day.
licensee
] who performed the fumigation shall,
immediately upon completion, post a durable sign
on the wall
adjacent
to the electric
breaker box,
[
meter or hot
] water heater
, beneath the kitchen sink or in the interior bath trap access
. This
shall be a durable sign not less than one inch by two inches in size. It shall
have the name of the
certified applicator
[
licensee
],
date of fumigation, [
type of
] fumigant used, and the purpose for
which it was fumigated (target pest).
licensee
]
performing fumigation shall use adequate warning agents with all fumigants
which lack such properties. When conditions involving abnormal hazards exist,
the person exercising direct on-site supervision shall take such safety precautions
in addition to those prescribed to protect the public health and safety.
The certified applicator shall visibly inspect the structures to assure vacancy
prior to introduction of fumigant.
licensee
]
shall also post a person or persons at the location from the time the fumigant
is introduced until all tarpaulins and seals are removed and the label concentration
for aeration is reached.
The person posted at the location shall deter
entry into the structure by routinely inspecting the structure under fumigation
at least once each hour. The person posted at the location shall be alert
and on duty to prevent entry into the structure while the fumigant is present.
The
certified applicator
[
licensee
] shall then
secure all entrances to the structure in such a manner as to prevent entry
by anyone other than the
certified applicator
[
licensee
]
or an agent of the
certified applicator
[
licensee
].
The structure shall remain secured until the concentration indicated by the
fumigant label for release for occupancy is reached.
licensee
] shall compile and retain
for a period of at least two
(2)
years a report for each fumigation
job and/or treatment. The report for each fumigation job or treatment shall
contain the following information:
structure as to details
of roofing
];
kind of
] fumigant or fumigants used and
amount;
weather conditions as to temperature and wind
];
Part 29.
TEXAS BOARD OF PROFESSIONAL LAND SURVEYING