Section R4-29-503. Business Licensee and Political Subdivision Recordkeeping and Retention

A.      In addition to ensuring that the records required under R4-29-

501 and R4-29-502 are made and maintained, a business licensee and political subdivision shall make and maintain records of the following:

1.        The specimen label and SDS for each registered pesticide currently used by an applicator supervised, directed or employed by the business licensee or political subdivi- sion;

2.        The   financial   responsibility   required   under    R4-29- 310(A), if applicable;

3.        Purchase records of each pesticide purchased or other- wise acquired that include the following information:

a.         Date of purchase or acquisition;

b.        Trade name of pesticide;

c.         Quantity of pesticide purchased or acquired; and

d.        Name of the business licensee;

4.        Date on which a service vehicle or trailer is acquired;

5.        Incident reports submitted to the OPM as required under R4-29-504;

6.        A pest management service provided, including a service provided under a warranty;

7.        The evidence of customer refusal of a re-treatment or post-construction treatment required under R4-29-309(J);

8.        Written inspection reports;

9.        Business licensee contracts for pest management ser- vices; and

10.     Personnel records including for each applicator super- vised, directed or employed by the business licensee or political subdivision:

a.         Date of hire or beginning of relationship;

b.        Date on which pest management services are first performed;

c.         Training and continuing education received;

d.        Supervision received;

e.         Protective clothing, safety supplies, and equipment issued to employee;

f.         Name of supervisor; and

g.        Employment or relationship ending date.

B.       A business licensee or political subdivision shall maintain the records as follows:

1.        Records under subsection (A)(1), as long as the registered pesticide is used by the business licensee or political sub- division. The business licensee shall maintain the records required under subsection (A)(1) at the primary business office or branch office from which the registered pesti- cide is used or at which the registered pesticide is stored;

2.        Records under subsection (A)(2), current;

3.        Records under subsection (A)(3) or R4-29-501(C) and (D), three years from the date of purchase or disposal;

4.        Records under subsection (A)(4), as long as the service vehicle or trailer is owned by the business licensee or political subdivision;

5.        Records under subsection (A)(5), until the statute of lim- itation for possible legal action resulting from the inci- dent is expired or until resulting legal action is completed;

6.        Records under subsection (A)(6) and (A)(7), three years;

7.        Records under subsections (A)(8) and (A)(9), three years from the date on the inspection report or customer con- tract;

8.        Records under subsection (A)(10), three years, including after the employment ending date;

9.        WDIIRs completed under subsection (C), three years; and

10.     Records under subsections (A)(5) and (A)(6) that pertain to the use of a restricted-use pesticide shall be maintained separate from other records.

C.      When an applicator supervised, directed or employed by a business licensee submits a WDIIR, the business licensee shall record the following on the WDIIR:

1.        TARF number,

2.        If the business licensee has the property under warranty:

a.         Account number,

b.        Target pest,

c.         Date of initial treatment,

d.        Date of warranty expiration, and

3.        The TARF number of each TARF completed regarding the property after the WDIIR is completed.

D.      TARF. A business licensee or political subdivision shall:

1.        Submit to the OPM a TARF, using a form approved by the OPM, within 30 days of completing an action speci- fied under subsection (D)(3). For the purpose of report- ing, a pretreatment or new-construction treatment is complete when no further preventative treatment is nec- essary until the final grade treatment unless it is necessary to re-treat a disturbed continuous chemical barrier. In a multiple-unit project, a pretreatment or new-construction is complete when no further preventative treatment is necessary for the last unit at the project until the final

grade treatment unless it is necessary to re-treat a dis- turbed continuous chemical barrier;

2.        Include the fee with each TARF and, if applicable, the penalty required under R4-29-103;

3.        Unless exempt under subsection (D)(4), submit a TARF after completing each of the following:

a.         Pretreatment, including pretreatment of an addition that does not abut the slab of a previously pretreated structure;

b.        New-construction treatment, including new-con- struction treatment of an addition that does not abut the slab of a previously new-construction treated structure;

c.         Final grade treatment;

d.        First corrective wood-destroying insect treatment at a site; and

e.         WDIIR.

4.        Not submit a TARF after completing:

a.         A supplemental WDIIR; or

b.        The first corrective wood-destroying insect treat- ment at a site if the business licensee:

i.         Performed a pretreatment or new-construction treatment at the site,

ii.        Filed a TARF regarding  the  pretreatment or new-construction treatment, and

iii.      Performs the first corrective treatment under R4-29-309(D) or under a warranty.

5.        Include the information required under A.R.S. § 32-2331 and the following on a TARF:

a.         License number of the licensed business that per- formed the work;

b.        Name of the QP;

c.         For a WDIIR, indicate whether:

i.         There was evidence of infestation, conditions conducive to infestation, or damage present;

ii.        Previous treatment was performed for an infes- tation; and

iii.      Corrective actions were taken for conditions conducive or damage present;

d.        For a pretreatment, new-construction treatment, or final grade treatment to establish an exterior vertical barrier, indicate:

i.         Chemical used and its EPA registration number,

ii.        Amount of chemical used,

iii.      Percentage of active ingredient in the chemical used, and

iv.       Square and linear footage treated; and

e.         For a post-construction corrective termite treatment, indicate:

i.         Type of treatment,

ii.        Target organism,

iii.      Chemical used and its EPA registration number,

iv.       Amount of chemical used, and

v.        Percentage of active ingredient in the chemical used.

Historical Note

Adopted effective December 24, 1992 (Supp. 92-4). Sec- tion repealed by final rulemaking at 13 A.A.R. 528, effec- tive April 7, 2007 (Supp. 07-1). New Section made by final rulemaking at 13 A.A.R. 623, effective April 7, 2007 (Supp. 07-1). Section R4-29-503 renumbered to R4- 29-402; new Section R4-29-503 renumbered from R4-29- 609 and amended by final rulemaking at 19 A.A.R. 2967, effective September 13, 2013 (Supp. 13-3). Amended by

final rulemaking at 21 A.A.R. 451, effective March 3,

2015 (Supp. 15-1).