Section 355IAC4-5-2. Record keeping and supervision requirements for licensed applicators for hire

   Licensed applicators for hire shall be required to do the following:

(1) Develop records for all for hire termiticide applications performed by that licensed applicator or registered technician operating under that licensed applicator's direct supervision as described in 355 IAC 4-2.

(2) Ensure that the records required under this section include the following:

(A) A copy of the contract, service agreement or other similar written documentation for the treated structure. This written documentation as it relates to pricing shall be declared confidential as provided for in IC 15-16-5-41.

(B) A graph or diagram of the treated structure.

(C) Dimensions of the treated structure. This includes depth from grade to the top of the foundation footing if soil applied liquids are used.

(D) Treatment specifications, if soil applied liquids are used.

(E) The U.S. Environmental Protection Agency product registration number for the termiticides used.

(F) The dilution rate of the termiticides if soil applied or wood applied liquids are used.

(G) The total volume of termiticide use dilutions if soil applied or wood applied liquids are used.

(H) A copy of the termite control customer disclosure form signed by the customer.

(I) The name and registration numbers of all of the technicians participating in the treatment.

(J) The name and license number of the applicator or supervisor if treatment was performed by a registered technician.

(K) The day, month, and year of treatment.

(3) Keep and maintain the records required under this section for a period of five (5) years from the date of treatment.

(4) Provide the registered technicians under the licensed applicator's supervision with the following:

(A) Direct supervision as required in 355 IAC 4-2.

(B) The information required in subdivision (2).

(5) Ensure that the termite control customer disclosure form, when required, is issued to and signed by the customer or the customer's agent before making the termiticide application.

(6) Except as provided in subdivision (7), ensure that the state chemist is notified by means of written communication at least three (3) hours before the initial application of a preconstruction termiticide treatment of the following:

(A) The physical address of the application site.

(B) The date of the application.

(C) The time the application is scheduled to begin.

(D) The estimated square footage involved in the initial application.

(E) The name and license number of the licensed applicator responsible for making or supervising the application.

(7) If the licensed applicator and the licensed applicator's employer are notified of the need for the initial application less than three (3) hours before the application is to occur, the licensed applicator may telephone the state chemist and then submit the written notification in subdivision (6) as soon as is practical.

(State Chemist of the State of Indiana; 355 IAC 4-5-2; filed Feb 17, 1986, 3:00 p.m.: 9 IR 1570, eff Apr 1, 1986; filed Sep 10, 1999, 4:41 p.m.: 23 IR 303; readopted filed Nov 21, 2001, 10:17 a.m.: 25 IR 1269; filed Aug 18, 2005, 4:30 p.m.: 29 IR 7; filed Jan 28, 2010, 11:23 a.m.: 20100224-IR-355090617FRA; readopted filed Sep 25, 2013, 11:08 a.m.: 20131023-IR-355130361RFA)