32-2301

32-2301. Definitions

In this chapter, unless the context otherwise requires:

1. "Acting director" means the person appointed pursuant to section 32-2302 to
serve as the acting director of the office.

2. "Branch office" means any fixed place of business, other than the primary
office, where records are kept, mail is received, statements are rendered, money is
collected, requests for service or bids are received or information pertaining to the
business of structural pest control is given and from which the use of pesticides and
devices is supervised by a licensed applicator or qualifying party.

3. "Business license" means a license that is issued pursuant to this chapter to a
person and that entitles that person and the person's employees to engage in the business
of structural pest control.

4. "Business of structural pest control" means engaging in, offering to engage in,
advertising for, soliciting or performing structural pest control, including any of the
following:

(a) Identifying infestations or making inspections for the purpose of identifying
or attempting to identify infestations of households or other structures and the
surrounding area by any of the following:

(i) Public health pests.

(ii) Aquatic pests.

(iii) Household pests.

(iv) Wood-destroying insects.

(v) Pests, including weeds, existing around structures, in ornamental shrubs and
trees, on golf courses, along rights-of-way or in lawns and cemeteries.

(vi) Fungi.

(b) Making written or oral inspection reports, recommendations, estimates or bids
with respect to infestations.

(c) The application of pesticides or the making of contracts or submitting of bids
for the application of pesticides or the use of devices for the purpose of eliminating,
exterminating, controlling or preventing infestations.

5. "De minimis violation" means a violation that, although undesirable, has no
direct or immediate relationship to safety, health or property damage.

6. "Department" means the Arizona department of administration.

7. "Device" means any mechanical, pesticide or electrical apparatus used in
conjunction with, in place of or to supplement, disperse or dispense pesticides.

8. "Direct supervision" means use of a pesticide under the instructions, control
and responsibility of a licensed applicator who is available if needed for consultation
or assistance even though the licensed applicator is not physically present at the time
and place the pesticide is used.

9. "Director" means the director of the Arizona department of administration.

10. "Final grade treatment" means establishment of vertical barriers at the exterior
of foundation walls in stem wall construction or at the exterior of grade beams in
monolithic construction.

11. "Fungi inspection report" means a written inspection report on a form approved
by the office.

12. "Household pests" means pests, other than wood-destroying insects, that invade
households or other structures, including rodents, vermin and insects.

13. "Immediate supervision" means use of a pesticide by an employee acting under the
instructions, control and responsibility of a licensed applicator who is within the
direct line of sight or within hearing distance of the employee and who is available for
consultation or assistance at the time and place the pesticide is used.

14. "Initial termite corrective treatment" means the first treatment of any kind
performed by a licensee after a treatment made prior to or during construction, excluding
a treatment performed under warranty by a licensee who has performed the treatment prior
to or during construction.

15. "Inquiry" means information from the public or agency staff of possible
violations of this chapter, or rules adopted pursuant to this chapter.

16. "Integrated pest management" means a sustainable approach to managing pests that
combines biological, cultural, physical and pesticide tools in a way that minimizes
economic, health and environmental risks.

17. "License" means an approval granted by the office to act as an applicator or
qualifying party or to operate a business of structural pest control in this state.

18. "Licensed applicator" means a person who is licensed by the office to apply
pesticides in accordance with this chapter.

19. "Office" means the office of pest management established by section 32-2302.

20. "Other structures" includes railroad cars, boats, docks, motor vehicles or
airplanes and their contents.

21. "Pest management" means the management of public health pests, aquatic pests,
household pests, wood-destroying insects, fungi or other pests, including weeds, that
exist near or around structures, in ornamental shrubs and trees, on golf courses, along
rights-of-way or in lawns or cemeteries and all pesticide application that could be
harmful to public health or the environment. Pest management does not include pesticide
applications used directly in the commercial production of crops and animals if those
applications are governed by the Arizona department of agriculture pursuant to title 3,
chapter 2, articles 6 and 6.1.

22. "Pesticide" means any substance or mixture of substances intended to be used for
defoliating plants or for preventing, destroying, repelling or mitigating insects, fungi,
bacteria, microbes, weeds, rodents, predatory animals or any form of plant or animal life
that is a pest and may infest or be detrimental to vegetation, humans, animals or
households or be present in any environment.

23. "Prior violation" means any violation for which disciplinary action was taken
within a five-year period prior to the date of the violation for which current
disciplinary action is sought.

24. "Qualifying party" means an individual who is licensed by the office to ensure
the supervision and training of all employees of a business licensee in the business of
structural pest control.

25. "Weed" means any plant that grows where it is not wanted.

26. "Wood-destroying insect inspection report" means a written inspection report on
a form approved by the acting director that is prepared in connection with the sale or
refinancing of real property whether or not the report is used as part of the
transaction.

27. "Wood-destroying insects" means insects that attack, damage or destroy wood or
wood-derivative products.