NOTICE: Final Rule - Structural Pest Control Commission
Structural Pest Control Commission Rule LAC 7:XXV. 101, 107, 109, 117, 119, 123, 141, 147, 165 and 167
The Department of Agriculture and Forestry, Office of Agricultural and Environmental Sciences, Structural Pest Control Commission has amended LAC 7:XXV.101, 107, 109, 117, 119, 123, 141, 147, 165 and 167.
The Rule is promulgated in accordance with the provisions of the Administrative Procedure Act, R.S. 49:950 et seq. The Rule change is made in accordance with R.S. 3:3366, which gives the Structural Pest Control Commission the authority to adopt rules and regulations.
The Rule change clarifies the definitions of construction, containment structure, employee, rule, and standard contract. The Rule adds language to allow the commission staff to review the contents of an application to take the certification examination for licensure and approve or deny the applicant's application to take the examination. Further, throughout this Section, the language "commission staff" is added to existing rules to provide clarification for who can do certain tasks. Additionally, the Rule change provides a deadline of six years for an applicant to take the license examination after receiving application approval for examination. There are no costs associated with applying to be approved to take the license examination. The Rule change adds that expired structural fumigation contracts should be held by the department for a two-year period. The Rule change adds language to include "new construction" contracts. This language reflects what is currently in place for pre and post construction contracts but adds new construction, so the rules are consistent for all contract types. The Rule change updates to current technology used by the department and removes receiving by fax and instead adds submitting online. The Rule change adds language under contracts for termite control work for inspection diagrams for all structures covered and sets a minimum threshold for termite control work damage repair warranties. This minimum amount was voted on by the commission, and is industry supported. The Rule changes remove outdated language for fumigation, specifically "certified fumigation technician" which was previously removed from the rules, except this one which was missed. Lastly, the Rule change makes corrections to referenced statutes in the Chapter.
This Rule was adopted on the day of promulgation, December 20, 2023.
Publication of the final rule can be found at the Louisiana Register website.