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Structural Pest Control Act - Structural Pest Control Board - State of ...

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20 STRUCTURAL PEST CONTROL ACT<br />

structural pest control, unless registered in accordance with Article 6 (commencing with Section<br />

8610).<br />

8551. It is unlawful for any unlicensed person to perform fumigation with dangerous or lethal<br />

fumigating chemicals in any public structure, including rooming houses, or households when<br />

used as public structures, hotels, apartment houses, or any part there<strong>of</strong>.<br />

8551.5. Except as provided in this chapter, an unlicensed individual in the employ <strong>of</strong> a<br />

registered company shall not apply any pesticides included in Branch 2 or Branch 3. However,<br />

an individual may, for 90 days from the date <strong>of</strong> employment, apply pesticides for the purposes <strong>of</strong><br />

training under the direct supervision <strong>of</strong> a licensed field representative or operator employed by<br />

the company. This direct supervision means in the presence <strong>of</strong> the licensed field representative<br />

or operator at all times. The 90-day time period may not be extended.<br />

8552. It is unlawful for any person to advertise or represent in any manner that any pest control<br />

work, in whole or in part, has been done upon any structure, unless the work has been<br />

performed by a company registered under this chapter.<br />

8553. Any person who violates any provision <strong>of</strong> this chapter, or who conspires with another<br />

person to violate any provision <strong>of</strong> this chapter, is guilty <strong>of</strong> a misdemeanor, and is punishable by<br />

a fine <strong>of</strong> not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000),<br />

or by imprisonment in the county jail for not more than six months, or by both such fine and<br />

imprisonment.<br />

8554. No individual engaged in the business or acting in the capacity <strong>of</strong> an operator may bring<br />

or maintain an action in any court <strong>of</strong> this state for the collection <strong>of</strong> compensation for the<br />

performance <strong>of</strong> any act or contract without alleging and proving that he or she was a duly<br />

licensed operator at all times during the performance <strong>of</strong> such act or contract.<br />

No firm, partnership, corporation, association or other organization or combination there<strong>of</strong><br />

engaged in the practice <strong>of</strong> structural pest control may bring or maintain an action in any court <strong>of</strong><br />

this state for the collection <strong>of</strong> compensation for the performance <strong>of</strong> any act or contract without<br />

alleging and proving that it was a duly registered company at all times during the performance <strong>of</strong><br />

the act or contract.<br />

Nothing herein shall prohibit the bringing or maintaining an action for the collection <strong>of</strong><br />

compensation in the event <strong>of</strong> a suspension or revocation <strong>of</strong> a license or company registration by<br />

the board, if the order <strong>of</strong> suspension or revocation authorized the performance <strong>of</strong> the act or<br />

work, compensation for which the action is brought or maintained.<br />

8555. This chapter does not apply to:<br />

(a) Public utilities operating under the regulations <strong>of</strong> the Public Utilities Commission, except<br />

to work performed upon property <strong>of</strong> the utilities not subject to the jurisdiction <strong>of</strong> the Public<br />

Utilities Commission or work done by the utility for hire.<br />

(b) Persons engaged only in agricultural pest control work under permit or license by the<br />

Department <strong>of</strong> <strong>Pest</strong>icide Regulation or a county agricultural commissioner.

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