SECTIONS 15201-15206.6

15201.  The Legislature hereby finds and declares that it is thejoint responsibility of the Department of Food and Agriculture, thecommissioner of each county under the direction and supervision ofthe director, and the Structural Pest Control Board to regulate theactivities of structural pest control licensees. The Structural PestControl Board has responsibility for licensing persons and companiesengaged in structural pest control work. The department has primaryresponsibility for enforcing pesticide laws and regulations.15202.  In addition to the enforcement authority granted to thedirector and commissioners by this code, a commissioner, when actingpursuant to Section 8616.4 of the Business and Professions Code, maysuspend the right of a structural pest control licensee to makepesticide applications in the county for up to three working days orlevy a fine upon a licensee or unlicensed individual acting as alicensee as specified in Section 8617 of the Business and ProfessionsCode. Appeals from these actions shall be to the Disciplinary ReviewCommittee according to the procedures provided in Section 8662 ofthe Business and Professions Code.15203.  The director may adopt regulations to carry out theprovisions of this chapter. The director shall consult with theStructural Pest Control Board when developing regulations thatpertain to the use of pesticides by structural pest controllicensees.15204.  (a) Each licensed Branch 2 and Branch 3 structural pestcontrol operator qualifying manager, as defined in Section 8506.2 ofthe Business and Professions Code, and Structural Pest Control Boardregistered company, as defined in Section 8506.1 of the Business andProfessions Code, shall register with the commissioner prior tooperating a structural pest control business in the county. Theregistration shall cover a calendar year. A fee may also be requiredat the time of registration. The fee shall be set by the county boardof supervisors, except that in no case shall the fee exceed theactual cost of processing the registration or ten dollars ($10),whichever is less. Payment of the fee shall be due by the datedesignated by the commissioner. (b) Each registration shall be in a form prescribed by thedirector after consulting with the Structural Pest Control Board andcommissioners and shall include the structural pest control licensee's name and address, including all satellite locations conductingbusiness in the county, telephone numbers, responsible persons, andthe type of pest control to be conducted. (c) If ordered by the commissioner, other structural pest controllicensees shall appear in person at the office of the commissionerto complete registration. (d) The commissioner may levy a civil penalty against any personwho violates the provisions of this section in accordance with theprocedures provided in Section 12999.5.15204.5.  (a) It is unlawful for any licensed Branch 1 StructuralPest Controller licensee, including structural pest controloperators, field representatives, applicators, and Structural PestControl Board (SPCB) registered companies, as defined in Section8506.1 of the Business and Professions Code, to conduct fumigationsin any county unless that person or company has also registered forthe current calendar year with the commissioner in that county. Theregistration fee for the SPCB registered company including structuralpest control operators and field representatives and applicatorsshall be set by the county Board of Supervisors, but shall not exceedthe cost of processing the registration or twenty-five dollars($25), whichever is less. Payment of the fee shall be due atregistration or on a date set by the commissioner. Structural pestcontrol operators and field representatives may be added during theyear, but the fee shall not exceed the actual cost of processing theregistration or ten dollars ($10), whichever is less. (b) Each registration shall be in the form prescribed by thedirector after consulting with the SPCB and the commissioners andshall include the name and address of the SPCB registered company orstructural pest control operator and all satellite offices conductingbusiness in the county, the name of the qualifying manager or thestructural pest control operator and his or her license number, and abusiness telephone number. The registration form for fieldrepresentatives and applicators shall include their name, licensenumber, business address, and telephone number, and may be includedwith the business registration. (c) Each licensed structural pest controller, including structuralpest control operators, field representatives, applicators, or anSPCB registered company, that intends to conduct fumigationoperations is required to appear in person at the office of thecommissioner to complete the registration required by Section 15204. (d) Each SPCB registered company or structural pest controloperator that intends to conduct fumigation operations shall notifythe agricultural commissioner at least 24 hours prior to commencingfumigation, or as approved on a case-by-case basis by thecommissioner. This notice shall include all of the following: (1) Name and address of the registered company or structural pestcontrol operator. (2) Address of the area or areas to be fumigated. (3) The pesticide to be applied. (4) The date of the intended application. (e) The commissioner may levy a civil penalty against any personwho violates the provisions of this section in accordance with theprocedures provided in Section 12999.5.15205.  (a) Each registered structural pest control company shallmake all existing records pertaining to pesticide and device useavailable to the director, the Structural Pest Control Board, orcommissioner upon demand at the headquarters of the business duringnormal business hours. A registered structural pest control companyor licensee may not prohibit onsite inspection for compliance withthe Business and Professions Code and this division regardingpesticides and structural pest control devices and regulationsadopted pursuant thereto. Except as provided in Section 8505.5 of theBusiness and Professions Code, nothing in this section shall beconstrued as requiring a registered structural pest control companyor licensee to provide advance notice of the date, time, location ofthe application, type of device or pesticide application, or anyother related information unless the information is contained inexisting records available to the registered company or licensee, inwhich case the director, the Structural Pest Control Board, orcommissioner may require that this information be produced at thecompany's place of business. (b) Information and documents gathered by the director, theStructural Pest Control Board, or the commissioner pursuant to thissection that are protected from disclosure under the CaliforniaPublic Records Act (Chapter 3.5 (commencing with Section 6250) ofDivision 7 of Title 1 of the Government Code) shall remainconfidential while in the director's, the board's, or thecommissioner's possession. (c) (1) "Device," for purposes of this section, means any method,instrument, or contrivance intended to be used to prevent, eliminate,destroy, repel, attract, or mitigate any wood destroying pest, butdoes not include firearms, pesticides as defined in Section 12753, orequipment used for the application of pesticides when soldseparately from a pesticide. (2) "Wood destroying pest," for purposes of this section,includes, but is not limited to, insects such as wood borers andtermites. "Wood destroying pest" does not include wood-decayingfungi, general household pests such as cockroaches, or vertebratepests such as rats and mice.15206.  If the director receives a notice pursuant to Section 8616.6of the Business and Professions Code, he or she shall investigatethe actions which caused the filing of the notice and takeappropriate action as authorized in this code.15206.5.  Regulations adopted pursuant to Section 11503 are notapplicable to this chapter.15206.6.  The director and the Structural Pest Control Board shalljointly develop and concur in the list of the types of violationsthat the commissioners shall refer to the board for disciplinaryaction.