Branch 2: Rules & Regulations Part 1
101. 8524 A minimum of five members shall constitute a quorum for the transaction of business.
False
105. 8528 The registrar of the Board is appointed by the Governor
False
106. 8528 The president is the executive officer and secretary of the Board.
False
108. 8555(g) Persons engaged only in the exclusion of rats or pigeons from structures are not required to have a structural pest control license.
False
115. 8550 An unlicensed person may solicit pest control business for a registered company, including giving price quotes for different types of residential structures and environments.
False
118. 8538(b) This _same notice_ (Sec 8538 notice) must be given at some time during each regular periodic treatment of the property.
False
119. 8551 A person who has had 6 months experience in fumigation work, but does not yet have a field representative license, may perform fumigation work on an apartment house under the direct supervision of a Branch 1 licensed operator.
False
120. 8551.5 In Branch 2 and Branch 3 work, an employee may in no case apply a pesticide for the purpose of controlling pests without being licensed.
False
121. 8553 Violation of the Structural Pest Control Act is punishable by a fine of from $100 to $1,000 or by imprisonment in a County jail for not more than 6 months but not by both a fine and jail.
False
123. 8555(e) The Structural Pest Control Act applies to authorized representatives of an educational institution or State agency engaged in research or study of pest control.
False
127. 8560(g) Failure of a licensee to pass an examination in another branch or branches will result in his having to retake the exam for his present license.
False
128. 8560(f) Each exam applicant must receive a grade of not less than 65% on each subject in the examination before receiving a passing grade.
False
129. 8561 and 8563 Any person applying for an operator license, or for a field representative license, must be at least 21 years of age.
False
130. 8562(b) Two years experience is required for a Branch 1 or Branch 2 operator's license, and 3 years for a Branch 3 operator's license.
False
132 8563 Any individual 17 years of age or over may apply for a license as a field representative.
False
133. 8564(c) An applicant for a Branch 1 field representative license must submit proof that he or she has had one year's training and experience in the practice of fumigation or the equivalent of such training and experience.
False
15201 The Structural Pest Control Board has primary responsibility for enforcing pesticide laws and regulations.
False
15202 DPR (Dept. of Pesticide Regulation) is authorized to suspend the right of a structural PCO to apply pesticides in a county for up to 10 days, and levy a fine for certain pesticide violations.
False
6454(f) Microlene warning agent must be used when fumigating a structure unless otherwise prohibited.
False
6602 A copy of the pesticide registered labeling that allows the manner in which the pesticide is being used, need not be physically present at the use site where the pesticide is being applied, but it must be readily available at the branch office where information can be obtained quickly by phone.
False
6674 Pesticide or container storage areas for pesticides with "CAUTION" on the label must be posted with signs readable for 25 feet.
False
6736 An employee who handles only "CAUTION-ON-THE-LABEL" pesticides must be provided a freshly laundered work uniform at least weekly
False
6738(b)(2) Regular prescription eyeglasses normally are adequate for eye protection on the job.
False
6782(a) When fumigating a structure, a total of three trained Branch 3 people must be present when the structure is entered to facilitate aeration.
False
6782(c) Warning signs on structures being fumigated must display in English and Spanish "DANGER-FUMIGATION" in 1 inch high letters.
False
8505.17(c) By the 10th day of the month following application, the registered company must submit to the Structural Pest Control Board a report showing the pesticides applied in each county during the preceding month.
False
8505.2 Fumigation must be performed either by an individual who has passed a "structural pest control applicator" written examination; or, it must be performed under the direct and personal supervision of an individual licensed in fumigation as a field representative.
False
8506(c) In the event of the death of a licensee (meaning the owner/qualifying manager of the business), his spouse, even though unlicensed may take over the business and run it in the same manner as prior to his death.
False
8506(c) When the Qualifying Manager of a registered company dies and the unlicensed executor or administrator is authorized to operate the company for as long as one year, this individual is also authorized to solicit and undertake new business.
False
8506.1 A corporation may authorize an unlicensed person to make Branch 2 pest inspections provided it is done under the direct on site supervision of a properly licensed employee.
False
8506/8506.2 A "structural pest control operator" is the person designated by a registered company to supervise the daily business of the company and supervise and assist the company's employees.
False
8507.1 A "structural pest control applicator" is an individual licensed by the Board to perform pest control work for a Branch 1, 2 or 3 registered company.
False
8507.1 A field representative may contract for pest control work in his or her own behalf when such work is within the branch of pest control in which he or she holds a valid license.
False
8509 As written, Section 8509 allows a branch office to be, for example a "UPS Store" or telephone answer service type of place where the registered company merely received mail.
False
8509 It is unlawful to give information pertaining to the practice of pest control from a "branch office."
False
8509 Records may not be kept at a branch office.
False
8513(a)(f) (Reference: Mechanics' Lien Law) The Structural Pest Control Act requires that Branch 1, Branch 2 and Branch 3 registered companies which contract directly with the owner of a property must give a "notice to Owner" on the pertinent provisions of the State's mechanics lien laws.
False
8514(c) A registered company may subcontract orally for work to be performed by another pest control firm.
False
8514(g) A Branch 3 company which issues a termite report on a property may be subject to disciplinary action if the recommended work is done improperly by another Branch 3 company - even if the property owner contracted the work directly with the second Branch 3 company.
False
8514(g) If work is subcontracted, the prime contractor, but not the subcontractor, may receive disciplinary action for a wrongful act.
False
8521 All members of the Structural Pest Control Board must be active in the pest control industry.
False
8521 The Structural Pest Control Board consists of five members.
False
99. 8523 The president of the Board shall be elected as president for a term of two years.
False
A state may have pesticide laws and regulations that are less stringent than the Federal laws and regulations, but not more stringent.
False
FIFRA requires EPA to classify all pesticides as either "restricted use" or "agricultural use."
False
The use of a pesticide must be stopped immediately when EPA first begins the cancellation proceeding.
False
6682 Pesticides in packets or aerosol cans may be transported in the locked glove compartment of a service vehicle.
Technically TRUE. It's a separate "compartment" But not a good idea.True
100. 8523 The Board shall meet annually during the month of October. Other meetings ("special meetings") may be called but Section 8523 does not require any meeting other than the annual meeting.
True
102. 8524 A vacancy on the Board shall not impair the power of the remaining members to perform all duties, provided the remaining members constitute a quorum.
True
103. 8525 The Board may, subject to the approval of the Director of Consumer Affairs, adopt reasonable and necessary rules and regulations relating to the practice of pest control.
True
104. 8525 The Board is required to consult with the Department of Pesticide Regulation when developing or adopting regulations that might affect the Dept. Food & Agriculture responsibilities.
True
107. 8530 The Board, with the approval of the Director (of Consumer Affairs) may establish branch offices in any city of this State.
True
109. 8555(g) Persons engaged only in the removal of bees from structures are not required to have a structural pest control license.
True
110. 8555(g) Persons who only remove or exclude bats, raccoons, skunks or squirrels from structures are not required to have a structural pest control license.
True
111. 8532 Copies of records and papers in the office of the Board can be used as court evidence.
True
112. 8533 The registrar may publish a roster of licensed operators and field representatives and Amy sell this roster.
True
113. 8535 The registrar and any member of the Board may administer oaths for the purpose of administering the Structural Pest Control Act.
True
116. 8550 It is unlawful for an unlicensed person to tell a homeowner that he/she needs pest control service if the unlicensed person observes roaches in great abundance in his/her kitchen.
True
117. 8538(b) In the case of Branch 2 or 3 pesticide applications (initial treatment) the notice concerning the pest and pesticide/s to be used must be given to the owner or owner's agent, and to the tenant if there is a tenant. This notice must be given in at least one of several ways. Once of the ways is posting in a conspicuous place.
True
122 8555(d) The Structural Pest Control Act does not apply to Government agencies, State, Federal, city or county officials and their employees while officially engaged.
True
124. 8555 Persons who perform pest control upon property which they own , lease or rent need not be licensed.
True
125. 8556(a) Licensed contractors acting as such may remove and replace any structure or portions of a structure damaged by wood destroying pests or organisms if such work has been identified by a structural pest control inspection report; and also if such work is merely incidental to other work being performed on the structure.
True
126. 8556(b) A licensed contractor may contract for soil treatment for subterranean termite control so long as the actual performance of such work is done by a registered structural pest control company.
True
131. 8562(c) The Structural Pest Control Act defines one year's experience as 1600 hours of actual experience in the field.
True
14063(c) The Food & Agricultural Code regulations authorize duly licensed structural PCO's to possess Compound 1080 for business use, subject to regulations of the director of the Department of Pesticide-Regulation.
True
15204 Each licensed structural PCO must notify the county agricultural commissioner be-fore operating a structural pest control business in that county.
True
15204(c) The Food & agricultural Code authorizes the county agricultural commissioner to require a PCO to appear in person at the commissioner's office to give complete notification of an upcoming structural fumigation.
True
6610 If you used a 200 gallon power sprayer that is filled with water from an "outside source," the spray rig must be equipped with a means of preventing backflow into the water system.
True
6680 It is a violation of Food & Ag. regulations to place or keep a pesticide in any container of a type commonly used for corn meal.
True
6684 When rinsing a 5-gallon emulsifiable concentrate pesticide container by hand for disposal, it must be rinsed a total of 3 times, filling the container 1/5 full for each of the three princes ("triple rinse")
True
6724(b) Under current California Worker Safety Regulations, the employer must assure that the training provided to employees who handle pesticides includes how pesticides enter the body.
True
6736(b)(5) If potentially contaminated coveralls are worn home at the end of the work day, the employer must assure that they employee places them outside the living quarters in a "scalable container."
True
6736(c) The employer is not required to assure that the employee wears coveralls when fumigating a building unless the label so requires.
True
6738(b) The employer must assure that protective eyewear is worn when spraying with any pesticide on a routine ant job.
True
6738(c) Gloves must be worn when installing anticoagulant bait blocks in typical plastic mouse bait stations in a basement.
True
6738(h)(1) The employer must assure that a respirator is worn when the label or regulations require it, or when "needed to maintain employee exposure below an applicable exposure standard"
True
6738(h)(3) The employer must assure that written operating procedures for "selecting; fitting; cleaning and sanitizing; inspecting and maintaining" respiratory protection equipment are adopted.
True
8505.17(c) of the Structural Pest Control Act. A pesticide use report showing the structural PCO's total pesticide use for the month is due by the 10th of each month in each county where the PCO does pest control work.
True
8505.5 If requested by the county agricultural commissioner, notice of an upcoming fumigation must be given to the commissioner at least 24 hours before the fumigation begins, unless the commissioner determines that less time is sufficient.
True
8505.5 Notice of an upcoming fumigation must be given to the local fire department not less than two hours before the fumigation begins.
True
8506 A "structural pest control operator" is any individual licensed by the Board to practice structural pest control.
True
8506(c) In the event of the death of such licensee, the executor or administrator may obtain written authorization from the Board to conduct the business not to exceed one year.
True
8506.1 A "registered company" is a business organization which is registered with the Structural Pest Control Board to engage in the practice of structural pest control.
True
8506.1 A registered company may hire and use individuals who are not licensed, on wood destroying organism service contracts already established.
True
8506.1 A registered company may hire more than one operator to work within the same company.
True
8507 A structural pest control field representative may identify infestations, make inspections and contract on behalf of a registered company.
True
8509 Statements may be rendered from a branch office.
True
8512 An "employer" is a registered company which hires operators, field representatives, and other individuals, the latter not being required to be licensed, and who work on pest control jobs under the supervision of an operator or field representative.
True
8513(c) (Reference: Mechanics' Lien Law) The act requires that each Branch 1 or 3 registered company which acts as a subcontractor for another registered company (and wishes to protect its mechanics' lien rights) shall, within 20 days of commencement of any work for which company registration is required, give a "preliminary 20-day notice" to the owner, his or her agent, or to the payer - in accordance with Sec. 3097 of the Civil Code.
True
8514 (6th paragraph and 2nd paragraph) The Act does not authorize any registered company to advertise that it is qualified or permitted to perform work in any branch of pest control for which it is not registered. However, the Act does permit a Branch 2 or Branch 3 registered company to subcontract for such work after an appropriate inspection of the property has been made.
True
8522 A Board member's term of office is four years. A Board member may not serve more than two consecutive terms.
True
8522 Whoever appointed a member to the Board also has the authority to remove that member.
True
FIFRA makes the pesticide label a legal document. To use a pesticide in a manner inconsistent with its labeling is a violation of Federal law.
True
If EPA classifies a pesticide as "restricted use" for the conditions under which you intend to use it, the pesticide must be applied by or under the direct supervision of a certified applicator.
True
It is a violation of Federal law to remove or destroy the label on a pesticide container.
True
There are two main laws in California which regulat the structural pest control industry. These are: The Business and Professions Code of which the Structural Pest Control Act is a part; and the Food & Agricultural Code.
True
Under FIFRA and State laws and regulations, you may legally use a pesticide to control a pest that is not listed on the pesticide label, provided the label does not prohibit such use.
True
Under FIFRA the EPA approves or disapproves individual state plans for the certification of pesticide applicators.
True
Under FIFRA, pesticide applicators are lumped into two major groups, private applicators (farmers) and commercial applicators. There are 10 categories of commercial applicators. Structural pest control fits into one of these 10 categories.
True
114. 8528(a) Prior to the application of the pesticide, a representative of the registered company must provide to the customer a clear written notice showing the following: the pst/s to be controlled; the pesticide/s to be used and the active ingredient/s; certain warnings about pesticides; general symptoms of pesticide poisoning; and who to call in case of pesticide or suspected pesticide poisoning.
True: BUT, per the regulations, a different and simpler pesticide notice is required for regular periodic treatments.
