§460J-26  Exemptions.  This chapter
shall not apply to:



(1)  Officials of the federal government on military
reservations;



(2)  Personnel of the United States Department of
Agriculture, the state department of agriculture, or state department of land
and natural resources, or the United States Public Health Service in the
performance of their official duties;



(3)  Other government employees who conduct research
on pesticides or pest control or who use pesticides in the performance of their
duties;



(4)  Qualified scientific personnel specially exempted
by the board;



(5)  Persons engaged in pest control for agricultural
purposes; or



(6)  Engineers or architects licensed under chapter
464 who:



(A)  Draft or prepare design documents that
prescribe anti-termite or anti-pest measures, including the specification of
termiticides, that are required by the building code and other governmental
agencies;



(B)  Conduct building condition or assessment
surveys to observe and evaluate the condition of the building or structure, if
the primary purpose of these surveys is not to report on the identification of
infestations; or



(C)  Prepare reports based on the results of
the surveys specified in subparagraph (B) that identify the location, extent,
and probable cause of the pest damage (e.g., "termite damage");
provided that where a report concerns termite damage, the particular type or
species of termite shall not be specified unless the report is written in
consultation with a licensed pest control operator licensed in termite control
or other duly recognized expert in urban entomology, such as an insect
taxonomist or urban entomologist with expertise in the identification or
control of termites; and provided further that if a licensed pest control
operator is not consulted, the report shall include a recommendation that a
licensed pest control operator be contracted for further assessment or
treatment. [L 1972, c 134, pt of §1; am L 1993, c 74, §12; am L 1997, c 84, §7]