California Department of Pesticide Regulation 1001 I Street, Sacramento CA October Application Phase Module 1.1: Document Review Structural Fumigation Use Monitoring Inspection Training Module

Structural Fumigation: Document Review Inspection Procedures Manual (Vol. 4 of DPR’s “PUE Program Standards Compendium”) m 2 Before starting this module, have these three manuals available to consult: Before starting this module, have these three manuals available to consult: Laws and Regulations Relating to the Practice of Structural Pest Control (including Business and Professions Code; a convenient booklet format published by Structural Pest Control Board) Laws and Regulations (Vol. 2 of DPR’s “PUE Program Standards Compendium”) GUIDANCE AND REFERNCES

Structural Fumigation: Document Review WHO SHOULD TAKE THIS TRAINING? 3 This series of training modules is intended for County Agricultural Commissioner (CAC) staff who perform structural fumigation inspections. The procedures described in this presentation are intended solely for the guidance of employees of DPR and CACs. They do not constitute rulemaking by DPR. DPR and CACs may deviate from the procedures and guidance contained in the modules provided deviations do not conflict with law, regulation or policy. This guidance was developed in May 2015 after consultation with the Structural Pest Control Board. If you have any questions, please contact the Department of Pesticide Regulation, Enforcement Branch Liaison serving your county. The procedures described in this presentation are intended solely for the guidance of employees of DPR and CACs. They do not constitute rulemaking by DPR. DPR and CACs may deviate from the procedures and guidance contained in the modules provided deviations do not conflict with law, regulation or policy. This guidance was developed in May 2015 after consultation with the Structural Pest Control Board. If you have any questions, please contact the Department of Pesticide Regulation, Enforcement Branch Liaison serving your county.

Structural Fumigation: Document Review 4 You will also need: Inspection form PR-ENF-107 (revised 1/2010) GUIDANCE AND REFERNCES

Structural Fumigation: Document Review 5 The three phases of a structural fumigation include: PHASES OF A STRUCTURAL FUMIGATION Application Phase Aeration Phase Certification Phase

Structural Fumigation: Document Review 6 The five main tasks the CAC inspector has when inspecting the application phase of a structural fumigation: APPLICATION PHASE Document review Truck contents Exterior of structure walk-around Interior of structure walkthrough Observing the actual application

Structural Fumigation: Document Review 7 * In total, there are 40 inspection requirements on the Structural Fumigation Use Monitoring Inspection Report form (PR-ENF-107, revised 01/2010) * In total, there are 40 inspection requirements on the Structural Fumigation Use Monitoring Inspection Report form (PR-ENF-107, revised 01/2010) This Document Review module covers five* inspection requirements from the application phase of Structural Fumigation Use Monitoring Inspection Report form: DOCUMENT REVIEW #REQUIREMENT 1Registered in county 2County notified 24 hours prior 3Written notice to occupant 4Pesticide disclosure signed / available 12Handler(s) trained

Structural Fumigation: Aeration via CAP What and how to inspect: Check SPCB website; Review files at CAC office Has SPCB issued a company registration? Was structural pest control company registered with CAC prior to performing structural pest control for hire within the county? Are Field Reps, & Operators licensed by SPCB? Were licensees registered with CAC prior to working? 8 Requirement #1: Registered in County For more information: FAC § Enforcement letter ENF & Addendum For more information: FAC § Enforcement letter ENF & Addendum Click for more info FAC (a) lists structural pest control applicators as having to register under Branch 1 requirements. BPC only allows structural pest control operators and field representatives to perform structural fumigations. BPC (a) defines the scope of a structural pest control applicator license FAC (c ) requires “in person” registration. ENF (pg 3), and ENF Addendum address “in person” registration (click to close) Document Review

Structural Fumigation: Document Review Is this registration in compliance (yes or no) ? 9 Yes for information on registration form - see FAC (b) It is unclear whether licensees appeared in person at CAC office as required by FAC (c) - - but presumably CAC would not have allowed registration otherwise Yes for information on registration form - see FAC (b) It is unclear whether licensees appeared in person at CAC office as required by FAC (c) - - but presumably CAC would not have allowed registration otherwise Notice of Intent faxed to CACRegistration form on file at CAC Answer: Yes, this requirement is in compliance Requirement #1: Registered In County Click for more info In this example, you are checking for registration because your office received an NOI. In addition, you need to be prepared for a second situation, where you are conducting surveillance in the field and find a structural application. In that situation, after identifying the name of the fumigation company, you should phone your office so that they can check the company’s registration. If it is not possible to contact your office, leave this criterion blank for now, and write in the “Comments” that you will verify registration after returning to your office. (click to close)

Structural Fumigation: Document Review Is this registration in compliance (yes or no) ? 10 Many fumigations use a large sign for the Branch 3 company (the “primary contractor” with whom the property owner contracted), even though the actual fumigation is carried out by a separate Branch 1 company (the “subcontractor”). In such cases, verify that both companies have registered in the county. Many fumigations use a large sign for the Branch 3 company (the “primary contractor” with whom the property owner contracted), even though the actual fumigation is carried out by a separate Branch 1 company (the “subcontractor”). In such cases, verify that both companies have registered in the county. Fumigators arrived in a truck labeled with the name of the registered company The tarp has a sign for a different company Answer: Probably yes... but verify. Requirement #1: Registered In County

Structural Fumigation: Document Review What and how to inspect: Review Notices of Intent (NOI’s) at CAC office. Did the structural pest control company inform the CAC of their intent to conduct fumigation operations at least 24 hours prior to commencing fumigation? 11 Requirement #2: County Notified 24 hours Prior For more information: FAC § (d) Check with your supervisor - - your CAC might have chosen to waive this requirement (“or as approved on a case-by-case basis by the commissioner”) For more information: FAC § (d) Check with your supervisor - - your CAC might have chosen to waive this requirement (“or as approved on a case-by-case basis by the commissioner”)

Structural Fumigation: Document Review 12 Assuming that your CAC requires the standard NOI format, is this in compliance (yes or no) ? Notice of Intent faxed to CAC Answer: No. This NOI is missing the address of the structural pest control operator or company. The address is required by FAC (d). This NOI does include all other information required by FAC (d). Follow up with your supervisor: What should you do in response to this violation? Follow up with your supervisor: What should you do in response to this violation? Requirement #2: County Notified 24 hours Prior Click for more info If you are conducting surveillance in the field, and find a structural application, you will not be able to review the NOI for that application. Instead, phone your office so that they can review the NOI for the application that you are inspecting. If it is not possible to contact your office, leave this criterion blank for now, and write in the “Comments” that you will verify the NOI after returning to your office. The combined category “Registered in County / 24-hour Notice” is one of the MOST COMMON violation categories in structural inspections ( ). That combined category pools together inspection criteria #1 and #2 (Reference: DPR Enforcement Statistical Profile, statewide, 2011) (click to close)

Structural Fumigation: Document Review The previous two requirements focused on documents that usually are reviewed at the CAC office: (1) Registration, and (2) Notice of Intent (NOI). 13 The remaining documents in this module are usually reviewed after you arrive at the fumigation site. The remaining documents in this module are usually reviewed after you arrive at the fumigation site. You are now driving to the fume site…

Structural Fumigation: Document Review What and how to inspect: Was written notice provided to owner and tenant at least 48 hours prior to application? 14 For more information: Business and Professions Code § 8538 For more information: Business and Professions Code § 8538 If owner/occupant is not available, ask the Branch 1 licensee for the notice. Was it provided 48 hours prior? If possible, ask the owner or occupant of the structure when a written notice was provided to them. Requirement #3:Written Notice to Occupant Click for more info 1. B & P Code 8538(a) specifies, provide written notice to owner or owner’s agent, and to tenant (if the tenant is a separate person from the owner; for example, if the owner is the landlord from whom the tenant is renting the structure). 2. B & P Code 8538(b) specifies, provided at least 48 hours prior to the application unless fumigation follows inspection by less than 48 hours. “Inspection” refers to the wood-destroying organisms inspection by a Branch 3 licensee, described in B & P Code 8516 (b). (click to close)

Structural Fumigation: Document Review What and how to inspect: At the fumigation site, ask licensee for the Occupant’s Fumigation Notice (OFN). Must be signed by occupant or his/her designated agent. 15 For more information: 16 CCR § (a) For more information: 16 CCR § (a) If the signed disclosure notice is not available on site prior to the release of the fumigant, stop the fumigation. Requirement #4: Pesticide Disclosure Signed

Structural Fumigation: Document Review OFN is both the written notice and disclosure (at least for structural fumigations) B & P Code 8538 calls it “written notice” (and lists specific text that must be included) CCR calls it “pesticide disclosure” Branch 1 fumigations use a single document that meets both requirements: The Occupants Fumigation Notice (OFN) Click for more info The combined document is Structural Pest Control Board form 43M-48, entitled “Occupants Fumigation Notice and Pesticide Disclosure”. This is commonly referred to as the Occupants Fumigation Notice, or “OFN” for short. 16 CCR (a) requires the fumigator to use this form, and actually includes an image of the form. The form includes all the mandatory language required by B & P Code 8538 (a)(3). In contrast, for Branch 2 or Branch 3 applications the written notice and the pesticide disclosure usually are two separate documents. (click to close)

Structural Fumigation: Document Review 17 Occupant’s Fumigation Notice and Pesticide Disclosure, from 16 CCR (a) Must be completed Must be completed Must be completed Must be SIGNED ! Must match B & P 8538(a)(3) word for word Requirement #4: Pesticide Disclosure Signed

Structural Fumigation: Document Review Criterion #: Signed pesticide disclosure (cont.) 18 Occupant’s Fumigation Notice and Pesticide Disclosure, from 16 CCR (a) Top portion: must be completed Requirement #4: Pesticide Disclosure Signed Occupant’s Fumigation Notice and Pesticide Disclosure, from 16 CCR (a)

Structural Fumigation: Document Review 19 Occupant’s Fumigation Notice and Pesticide Disclosure, from 16 CCR (a) Middle portion: 1.Must match B & P Code 8538(a)(3) word for word 2.Actual phone numbers must be filled in XXX-XXX-XXXX Requirement #4: Pesticide Disclosure Signed

Structural Fumigation: Document Review 20 Bottom portion: Must be completed and signed Occupant’s Fumigation Notice and Pesticide Disclosure, from 16 CCR (a) Requirement #4: Pesticide Disclosure Signed “Fumigation – Written notice to occupant” was one of the most common violation cited in structural inspections ( ). “Fumigation – Written notice to occupant” was one of the most common violation cited in structural inspections ( ).

Structural Fumigation: Document Review 21 Reminder: If completed and signed disclosure notice is not available on site prior to the release of the fumigant, stop the fumigation. On inspection form, check Cease and Desist Order (FAC 11897) On inspection form, check Cease and Desist Order (FAC 11897) Requirement #4: Pesticide Disclosure Signed

Structural Fumigation: Document Review What and how to inspect: At the fumigation site, ask each handler to see his/her license. The reason is, a person holding a pest control operator or field representative license for Branch 1 is considered trained. 22 For more information: 3 CCR § 6724(d) 3 CCR § 6000 (definitions of “certified commercial applicator” and “handle”) For more information: 3 CCR § 6724(d) 3 CCR § 6000 (definitions of “certified commercial applicator” and “handle”) Requirement #12: Handler(s) Trained

Structural Fumigation: Document Review Two employees of Kilzall Brothers Pest Control are working as handlers while setting up the fumigation: Joe Yablonkovitz license, RA in Branch 3 from SPCB Joe Kilzall license, OPR-9999 in Branch 1 from SPCB 23 Answer: Not enough information yet. Joe Yablonkovitz may or may not be trained. His Structural Pest Control Applicator license, by itself, is not enough. You will need to evaluate his training as you continue with your inspection (covered in module 5). On the other hand, Joe Kilzall meets the definition of “certified commercial applicator” in Branch 1 and therefore is considered trained. Requirement #12: Handler(s) Trained Is this in compliance (yes or no) ? Click for more info Note that B & P Code limits the Structural Pest Control Applicator license to only Branch 2 or Branch 3. (click to close)

Structural Fumigation: Document Review You have completed the DOCUMENT REVIEW module, which included five* inspection requirements from the Structural Fumigation Use Monitoring Inspection Report 24 * In total, there are 40 inspection requirements on the Structural Fumigation Use Monitoring Inspection Report form (PR-ENF-107, revised 01/2010) * In total, there are 40 inspection requirements on the Structural Fumigation Use Monitoring Inspection Report form (PR-ENF-107, revised 01/2010) CONGRATULATIONS! #REQUIREMENT 1Registered in county 2County notified 24 hours prior 3Written notice to occupant 4Pesticide disclosure signed / available 12Handler(s) trained

Structural Fumigation: Document Review Please complete the remaining modules before conducting an actual inspection of the application phase of a structural fumigation: Document review Truck contents Exterior of structure walk-around Interior of structure walk-through Observing the actual application 25

California Department of Pesticide Regulation 1001 I Street, Sacramento CA October 2015 FOR MORE INFORMATION, CONTACT: 26