SB 1481: Structural pest control: certification: fumigation: penalties.

Existing law establishes the Structural Pest Control Board within the Department of Consumer Affairs to define, license, and regulate structural pest control operators and companies. Existing law authorizes the board to revoke, suspend, or deny a license under the Structural Pest Control Act and authorizes the director to levy a civil penalty against a person for any violation of the act. Existing law also authorizes county agricultural commissioners, among other things, to levy fines against Branch 1 registered companies for any major violations, as defined by the act. Existing law repeals the provisions relating to the board on January 1, 2019.

This bill would authorize a person whose license or registration has been revoked, suspended, or surrendered, or who has been placed on probation, to petition the board, after specified minimum time periods, for reinstatement or modification of the penalty. The bill would additionally authorize specified county agricultural commissioners to levy a civil penalty against a person for any violation of the act. The bill would also authorize the board and all county agricultural commissioners to levy fines for serious or moderate violations, as defined. The bill would also change the minimum and maximum penalties applicable for a violation of this chapter. The bill would extend the provisions establishing the board until January 1, 2023.

Existing law prohibits a registered company or licensee from commencing work on a contract relating to the absence or presence of wood destroying pests or organisms until an inspection has been made, as provided, and an inspection report has been delivered to the person requesting the inspection and to the property owner. Existing law authorizes a person who orders an inspection report to also request a certification on whether evidence of the absence or presence of wood destroying pests or organisms was found and requires the registered company performing the inspection to provide this certification, as specified.

Existing law requires a Branch 1 registered company who performs a fumigation following an inspection by a Branch 3 registered company to issue a specified certification of completion of the fumigation to the Branch 3 registered company. Upon failure of a fumigation, existing law requires the Branch 1 registered company that performed the fumigation to verify the need for refumigation and file specified reports with the Branch 3 registered company and with the consumer.

This bill would require a specified certification when the property is free of evidence of active infestation or infection and require all certifications to be included on the complete, limited, supplemental, or reinspection reports. The bill would, where the consumer has directly contracted for the fumigation, require the Branch 1 registered company to also provide the certification of completion of the fumigation to the consumer who ordered the fumigation and would require the Branch 1 registered company to provide a warranty for fumigation to the owner or the owners designated agent. The bill would specify additional requirements for a potential failed fumigation, including a requirement that, when a consumer authorizes a Branch 3 registered company to subcontract the fumigation to a Branch 1 registered company, the Branch 3 registered company verify the need for a refumigation and issue an inspection report. The bill would require, when the consumer elects to contract directly with a Branch 1 registered company to perform a fumigation, the Branch 1 registered company to take additional specified actions.

Existing law makes a violation of the act a crime.

Because a violation of the bills requirements would be a crime, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.