(a) For an indoor treatment at a private residence that is not a rental property the certified applicator or technician must give the consumer 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 (5) rental units, the certified applicator or technician must leave the consumer information sheet in the residence at the time of each treatment.
(c) For an indoor treatment at a residential rental property with five (5) or more rental units, the certified applicator or technician must supply the consumer information sheet to the owner or manager of the complex. The certified applicator or technician must 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, must notify residents who live in direct or adjacent areas of the treatment by:
(1) posting the sign in an area of common access of residents 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 must supply the consumer 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, must notify individuals at the workplace of the date of the planned treatment by:
(1) posting the sign in an area of common access that the employees are most likely to see at least 48 hours before each planned treatment; and
(2) providing the consumer 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 must supply the consumer information sheet and a pest control sign to the chief administrator, IPM Coordinator or building manager. The chief administrator, IPM Coordinator or building manager must notify the individuals who work or reside in the building of the treatment by:
(1) posting the sign in an area of common access that the individuals are likely to check at least 48 hours before each planned treatment; and
(2) providing the information sheet to any individual working or residing 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 outdoors; and
(2) prior notice and information on the application of the pesticides is available from the school, institution, or center at the written request of the parents, guardians, or managing conservators. Telephonic, written or electronic notification will meet this requirement.
(g) For the purpose of this section, if the primary purpose of a perimeter treatment of a premises is to augment or supplement an indoor treatment, or is performed in lieu of an indoor treatment for a particular pest or pests by preventing the entry or re-entry of pests into the interior of the premises, then the perimeter treatment shall be considered an indoor treatment.
(h) The department’s Consumer Information Sheet must be used. Copies of the Consumer Information Sheet are available from the department in English and Spanish and are available on the Structural Pest Control Service website at: http://www.tda.state.tx.us/spcs/, or by contacting the Texas Department of Agriculture at P.O. Box 12847, Austin, TX 78711-2847, Phone (866) 918-4481. The department’s Consumer Information Sheet may be copied and used in accordance with this section.
(i) The pre-notification requirements of subsections (c), (d) and (e) of this section 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 must be provided by the licensee at the time of treatment. The statement must be kept on file with the pest control use records. If the customer is not available to sign a statement at the time of treatment, that shall be recorded in the use records along with the customer’s name and telephone number. An emergency is defined as an imminent hazard to health or property or an imminent infestation. An emergency treatment is limited to the localized area of the emergency.
(j) Licensees holding the lawn and ornamental or weed categories may use text provided by the department in place of that required in subsection (h) of this section. This text is available on the Structural Pest Control Service website at: http://www.tda.state.tx.us/spcs, or by contacting the Texas Department of Agriculture at P.O. Box 12847, Austin, TX 78711-2847, Phone (866) 918-4481.
(k) Any consumer may waive receipt of the Consumer Information Sheet for multiple treatments by signing or initialing below the following 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 licensee must keep a copy of this statement in the pest control use records for each customer covered by the agreement.
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