The Act 8516

The follow codes are copied from the Structural Pest Control Act of California.  Termite inspectors in California need to fully understand the following codes to issue proper inspection reports.  If you want to be an expert termite report writer, then study the following codes and if there is anything you don’t understand take the time needed find the answers you need.

This text contains up-to-date language (last updated January 2012)

TITLE 16 STRUCTURAL PEST CONTROL BOARD 1991
Article 5. Wood Destroying Organisms
§1990. Report Requirements Under Section 8516(b) 1-9, Inclusive.
(a) All reports shall be completed as prescribed by the board. Copies filed with the board shall be clear and legible. All reports must supply the information required by Section 8516 of the Code and the information regarding the pesticide or pesticides used as set forth in Section 8538 of the Code, and shall contain or describe the following:
(1) Structural pest control license number of the person making the inspection.
(2) Signature of the Branch 3 licensee who made the inspection.
(3) Infestations, infections or evidence thereof.
(4) Wood members found to be damaged by wood destroying pests or organisms.
(b) Conditions usually deemed likely to lead to infestation or infection include, but are not limited to:
(1) Faulty Grade Level. A faulty grade level exists when the top of any foundation is even with or below the adjacent earth. The existing earth level shall be considered grade.
(2) Inaccessible subareas or portions thereof and areas where there is less than 12 inches clear space between the bottom of the floor joists and the unimproved ground area.
(3) Excessive Cellulose Debris. This is defined as any cellulose debris of a size that can be raked or larger. Stumps and wood imbedded in footings in earth contact shall be reported.
(4) Earth-wood contacts.
(5) Commonly controllable moisture conditions which would foster the growth of a fungus infection materially damaging to woodwork.
(c) When an infestation of carpenter ants or carpenter bees is found in a structure, control measures may be applied by companies holding a Branch 2 or Branch 3 registration certificate. If a Branch 3 licensee discovers an infestation or evidence of carpenter ant or carpenter bee infestation while performing an inspection pursuant to section 8516 of the code, he or she shall report his or her findings and make recommendations for controlling the infestation.
(d) Even though the licensee may consider the following areas inaccessible for purposes of inspection, the licensee must state specifically which of these areas or any other areas were not inspected and why the inspection of these areas is not practical: furnished interiors; inaccessible attics or portions thereof; the interior of hollow walls; spaces between a floor or porch deck and the ceiling or soffit below; stall showers over finished ceilings; such structural segments as porte cocheres, enclosed bay windows, buttresses, and similar areas to which there is no access without defacing or tearing out lumber, masonry or finished work; built-in cabinet work; floors beneath coverings, areas where storage conditions or locks make inspection impracticable. (e) Information regarding all accessible areas of the structure including but not limited to the substructure, foundation walls and footings, porches, patios
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and steps, stairways, air vents, abutments, stucco walls, columns, attached structures or other parts of a structure normally subject to attack by wood-destroying pests or organisms.
(f) The following language shall appear just prior to the first finding/recommendation on each separated report:
“This is a separated report which is defined as Section I/Section II conditions evident on the date of the inspection. Section I contains items where there is visible evidence of active infestation, infection or conditions that have resulted in or from infestation of infection. Section II items are conditions deemed likely to lead to infestation or infection but where no visible evidence of such was found. Further inspection items are defined as recommendations to inspect area(s) which during the original inspection did not allow the inspector access to complete the inspection and cannot be defined as Section I or Section II.”
(g) Information must be reported regarding any wooden deck, wooden stairs or wooden landing in exterior exposure attached to or touching the structure being inspected. Portions of such structure that are not available for visual inspection must be designated as inaccessible.
NOTE: Authority cited: Sections 8525 and 8538(c), Business and Professions Code. Reference: Sections 8516 and 8538, Business and Professions Code.
HISTORY:
1. Amendment of subsections (h), (i), (j) and new subsection (k) filed 12-27-73; designated effective 3-1-74 (Register 73, No. 52). For prior history, see Register 64, No. 11.
2. Amendment filed 5-22-75; effective thirtieth day thereafter (Register 75, No. 21).
3. Amendment filed 5-19-78; effective thirtieth day thereafter (Register 78, No. 20).
4. Amendment of subsection (k) filed 5-8-80; effective thirtieth day thereafter (Register 80, No. 19).
5. Amendment filed 9-22-83; effective thirtieth day thereafter (Register 83, No. 39).
6. Amendment of subsection (a) filed 6-17-85; effective thirtieth day thereafter (Register 85, No. 25).
7. Amendment of subsections (a) and (a)(4), new subsection (c) and subsection relettering, and new subsection (f) filed 3-13-96; operative 4-12-96 (Register 96, No. 11).
8. Change without regulatory effect amending subsection (c) filed 5-20-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 21).
9. New subsection (g) filed 4-28-98; operative 5-28-98 (Register 98, No. 18).
§1990.1. Report Requirements Under Section 8516.1(b) and (c) (1)-(8) inclusive. 126
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NOTE: Authority cited: Section 8525, Business and Professions Code. Reference: Sections 8510, 8516.1, 8538 and 8560, Business and Professions Code.
HISTORY:
1. New section filed 3-6-95; operative 4-5-95 (Register 95, No. 10).
2. Change without regulatory effect repealing section filed 3-26-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 13).
§1991. Report Requirements Under Section 8516(b)10.
(a) Recommendations for corrective measures for the conditions found shall be made as required by paragraph 10 of subdivision (b) of Section 8516 of the code and shall also conform with the provisions of Title 24 of the California
Code of Regulations and any other applicable local building code, and shall accomplish the following:
(1) Comply with the provisions of section 2516(c)(1) of Title 24 of the California Code of Regulations.
(2) Remove from the subarea all excessive cellulose debris in earth contact. This excludes shavings or other cellulose too small to be raked or stored goods not in earth contact. Stumps and wood imbedded in footings in earth contact shall be treated if removal is impractical.
(3) When evidence of moisture, infestations or infections exists as a result of faulty grade levels, earth fill planters or loose stucco, a recommendation shall be made to correct the condition. Any method of controlling infestations arising from these conditions is considered adequate if the infestation is controlled.
(4) Comply with the provisions of section 2516(c)(6.1) of Title 24 of the California Code of Regulations (Effective July 1992).
(5) Structural members which appear to be structurally weakened by wood-destroying pests to the point where they no longer serve their intended purpose shall be replaced or reinforced. Structural members which are structurally weakened by fungus to the point where they no longer serve their intended purpose shall be removed or, if feasible, may remain in place if another structural member is installed adjacent to it to perform the same function, if both members are dry (below 20% moisture content), and if the excessive moisture condition responsible for the fungus damage is corrected. Structural members which appear to have only surface fungus damage may be chemically treated and/or left as is if, in the opinion of the inspector, the structural member will continue to perform its originally intended function and if correcting the excessive moisture condition will stop the further expansion of the fungus.
(6) Comply with the provisions of section 2516(c)(6) of Title 24 of the California Code of Regulations.
(7) Comply with the provisions of section 2516(c)(4) of Title 24 of the California Code of Regulations.
(8) Exterminate all reported wood-destroying pests. Such extermination shall not be considered repair under section 8516(b)(12) of the code. If
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evidence indicates that wood-destroying pests extend into an inaccessible area(s), recommendation shall be made to either:
(A) enclose the structure for an all encompassing treatment utilizing materials listed in Section 8505.1 of the code, or
(B) use another all encompassing method of treatment which exterminates the infestation of the structure, or
(C) locally treat by any or all of the following:
1. exposing the infested area(s) for local treatment,
2. removing the infested wood,
3. using another method of treatment which exterminates the infestation. (If any recommendation is made for local treatment, the report must contain the following statement: “Local treatment is not intended to be an entire structure treatment method. If infestations of wood-destroying pests extend or exist beyond the area(s) of local treatment, they may not be exterminated.”)
When a complete inspection is performed, a recommendation shall be made to remove or cover all accessible pellets and frass of wood-destroying pests.
When a limited inspection is performed, the inspection report shall state that the inspection is limited to the area(s) described and diagrammed. A recommendation shall be made to remove or cover all accessible pellets and frass of wood-destroying pests in the limited areas. The limited inspection report shall include a recommendation for further inspection of the entire structure and that all accessible evidence of wood-destroying pests be removed or covered.
(9) For the extermination of subterranean termite infestations, treat an infested area under the structure when subterranean termite tubes are found connected to the ground or when active infestations are found in the ground. Subterranean termite tubes shall be removed where accessible, except where a licensee is using an above ground termite bait station that requires the use of the termite tubes to be effective. Where a licensee is using an above ground termite bait station that requires the use of termite tubes to be effective, subterranean termite tubes can remain in place for the duration of the licensee’s use of the termite bait stations. At the conclusion of the treatment, the subterranean termite tubes shall be removed.
(10) Comply with the provisions of section 2516(c)(2) of Title 24 of the California Code of Regulations.
(11) Correct any excessive moisture condition that is commonly controllable. When there is reasonable evidence to believe a fungus infection exists in a concealed wall or area, recommendations shall be made to open the wall or area.
(12) Repair a stall shower if it is found to leak when water tested for a minimum of fifteen (15) minutes after the shower drain has been plugged and the base filled to within one (1) inch of the top of the shower dam. Stall showers with no dam or less than two (2) inches to the top of the dam are to be water tested by running water on the unplugged shower base for a minimum of five (5) minutes. Showers over finished ceilings must be inspected but need not be water tested. If water stains are evident on the ceiling, recommendations shall be made for further inspection and testing. 128
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(b) Preconstruction application of termiticide for protection from subterranean termites shall not be made at less than the manufacturer’s label specifications.
(c) If in the opinion of the inspector a building permit is required, it must be noted on the wood destroying pests and organisms inspection report (Form No. 43M-41 as specified in section 1996 of the California Code of Regulations).
NOTE: Authority cited: Section 8525, Business and Professions Code. Reference: Section 8516, Business and Professions Code.
HISTORY
1. Amendment filed 9-16-59; effective thirtieth day thereafter (Register 59, No. 16). 2. Amendment filed 5-19-64; designated effective 9-1-64 (Register 64, No. 11). 3. Amendment of subsections (a)(3), (9) and new (b) filed 1-2-68; effective thirtieth day thereafter (Register 68, No. 1). 4. Amendment filed 12-27-73; designated effective 3-1-74 (Register 73, No. 52). 5. Amendment of subsection (a) filed 5-8-80; effective thirtieth day thereafter (Register 80, No. 19). 6. Amendment filed 7-3-80; effective thirtieth day thereafter (Register 80, No. 27). 7. Editorial correction of subsection (a)(12)(Register 80, No. 36). 8. Amendment of subsection (a)(12) filed 9-22-83; effective thirtieth day thereafter (Register 83, No. 39). 9. Amendment of subsection (a)(8) filed 2-13-87; effective thirtieth day thereafter (Register 87, No. 8). 10. Amendment of subsections (a) and (a)(9) and repealer and adoption of subsections (a)(1), (a)(4), (a)(6), (a)(7), and (a)(10) filed 11-15-91; operative 12-16-91 (Register 92, No. 8). 11. Repealer of subsection (a)(8) and new subsections (a)(8)(A)-(C) filed 3-30-92; operative 4-29-92 (Register 92, No. 15). 12. Amendment of subsections (a)(2) and (a)(8), repealer of subsection (b) and new subsection (b) filed 3-13-96; operative 4-12-96 (Register 96, No. 11). 13. Amendment of subsection (a)(5) filed 4-3-96; operative 5-3-96 (Register 96, No. 14).
14. New subsections (a)(13)-(a)(13)(C) and (c) filed 4-28-98; operative 5-28-98 (Register 98, No. 18). 15. Change without regulatory effect amending section heading and subsection (a) filed
5-15-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 20). 16. Amendment of subsection (a)(8)(C)3. filed 6-26-2003; operative 7-26-2003 (Register 2003, No. 26). 17. Amendment of subsection (a)(9) filed 12-30-2005; operative 1-29-2006 (Register 2005, No. 52).
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18. Repealer of subsections (a)(13)-(a)(13)(C) filed 3-21-2006; operative 4-20- 2006 (Register 2006, No. 12).
§1991.1. Report Requirements Under Section 8516.1(c)(8).
NOTE: Authority cited: Section 8525, Business and Professions Code. Reference: Sections 8510 and 8516.1, Business and Professions Code.
HISTORY:
1. New section filed 3-6-95; operative 4-5-95 (Register 95, No. 10).
2. Change without regulatory effect repealing section filed 3-26-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 13).
§1992. Secondary Recommendations.
In addition to the recommendations required in section 1991, the report may suggest secondary recommendations. When secondary recommendations are made, they shall be labeled as secondary recommendations and included as part of the inspection report with a full explanation of why they are made, with the notation that they are below standard measures. If secondary recommendations are performed, any letter of completion, billing or other document referring to the work completed, must state specifically which recommendations were secondary and below standard and specify the name of the person or agency requesting completion of the secondary recommendations.
NOTE: Authority cited: Section 8525, Business and Professions Code. Reference: Section 8516, Business and Professions Code.
HISTORY:
1. New sections filed 9-16-59; effective thirtieth day thereafter (Register 59, No. 16).
2. Amendment filed 5-19-64; designated effective 9-1-64 (Register 64, No. 11).
3. Amendment filed 9-22-83; effective thirtieth day thereafter (Register 83, No. 39).
4. Amendment filed 9-20-90; operative 10-20-90 (Register 90, No. 44).
5. Amendment filed 12-7-92; operative 1-19-93 (Register 92, No. 51).
§1993. Inspection Reports.
All of the following reports must be in compliance with the requirements of Section 8516 of the code. All reports must be on the form prescribed by the board and filed with the board with stamps affixed.
(a) An original inspection report is the report of the first inspection conducted on a structure at the request of a specified party or for a specified purpose. Subsequent inspections conducted on a structure at the request of a different party, for a different purpose than a previous inspection, or a different transaction relating to the same structure shall be deemed to be new inspections for which an original inspection report shall be required. An original inspection report may be either a complete or limited inspection. 130
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(b) A complete report is the report of an inspection of all visible and accessible portions of a structure.
(c) A limited report is the report on only part of a structure. Such a report shall have a diagram of the area inspected and shall specifically indicate which portions of the structure were inspected with recommendation for further inspection of the entire structure and the name of the person or agency requesting a limited report.
(d) A supplemental report is the report on the inspection performed on inaccessible areas that have been made accessible as recommended on a previous report. Such report shall indicate the absence or presence of wood-destroying pests or organisms or conditions conducive thereto. This report can also be used to correct, add, or modify information in a previous report. A licensed operator or field representative shall refer to the original report in such a manner to identify it clearly.
(e) A reinspection report is the report on the inspections of item(s) completed as recommended on an original report or subsequent report(s). The areas reinspected can be limited to the items requested by the person ordering the original inspection report. A licensed operator or field representative shall refer to the original report in such a manner to identify it clearly.
NOTE: Authority cited: Section 8525, Business and Professions Code. Reference: Section 8516, Business and Professions Code.
HISTORY:
1. New section filed 9-16-59; effective thirtieth day thereafter (Register 59, No. 16).
2. Amendment filed 5-19-64; designated effective 9-1-64 (Register 64, No. 11).
3. Amendment filed 9-22-83; effective thirtieth day thereafter (Register 83, No. 39).
4. Amendment of section heading and section filed 3-13-96; operative 4-12-96 (Register 96, No. 11).
5. Amendment of subsections (d) and (e) and new form filed 8-12-96; operative 9-11-96 (Register 96, No. 33).
6. Amendment of first paragraph filed 3-21-2006; operative 4-20-2006 (Register 2006, No. 12).
§1993.1. Reinspection Language.
The following statement must appear on any wood destroying pests and organisms inspection report when an estimate or bid for making repairs is given with the original inspection report, or thereafter:
“This company will reinspect repairs done by others within four months of the original inspection. A charge, if any, can be no greater than the original inspection fee for each reinspection. The reinspection must be done within ten (10) working days of request. The reinspection is a visual inspection and if
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inspection of concealed areas is desired, inspection of work in progress will be necessary. Any guarantees must be received from parties performing repairs.”
NOTE: Authority cited: Section 8525, Business and Professions Code. Reference: Section 8516, Business and Professions Code.
HISTORY
1. New section filed 7-6-2005; operative 8-5-2005 (Register 2005, No. 27).
§1993.2. Termite Bait Station.
(a) For the purposes of this section and section 1993.3, “termite bait station” shall include:
(1) an “above-ground bait station” which shall mean any device containing pesticide bait used for the eradication of wood destroying pests that is attached to the structure, or
(2) an “in-ground bait station” which shall mean any device containing a material to attract and or monitor wood destroying pests, or containing a pesticide bait to eradicate wood destroying pests, that is placed in the ground.
(3) an “in-ground termite monitoring system” is a device placed in the ground to determine the presence or absence of subterranean termites through scheduled periodic inspections.
(b) Prior to installation of any termite system, a full or limited inspection of the structure shall be made.
NOTE: Authority cited: Section 8525, Business and Professions Code. Reference: Section 8514, Business and Professions Code.
HISTORY:
1. New section filed 6-26-2003; operative 7-26-2003 (Register 2003, No. 26).
§1993.3. In-Ground Termite Bait Stations:
Use of in-ground termite monitoring and/or baiting systems shall be considered a control service agreement as defined by section 8516 of the code.
NOTE: Authority cited: Section 8525, Business and Professions Code. Reference: Section 8516, Business and Professions Code.
HISTORY:
1. New section filed 6-26-2003; operative 7-26-2003 (Register 2003, No. 26).
§1994. Limited Inspection Reports.
NOTE: Authority cited: Section 8525, Business and Professions Code. Reference: Sections 8516, 8516.1, Business and Professions Code.
HISTORY:
1. New section filed 9-16-59; effective thirtieth day thereafter (Register 59, No. 16).
2. Amendment filed 5-19-64; designated effective 9-1-64 (Register 64, No. 11).
3. Repealer filed 3-13-96; operative 4-12-96 (Register 96, No. 11). 132
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§1995. Limitation of Report.
HISTORY:
1. New section filed 5-19-64; designated effective 9-1-64 (Register 64, No. 11).
2. Repealer filed 9-22-83; effective thirtieth day thereafter (Register 83, No. 39).
§1996. Requirements for Reporting All Inspections Under Section 8516(b).
(a) A written inspection report conforming to section 8516(b) of the code (See Form No. 43M-41 (Rev. 10/01, required use effective July 1, 2003) at the end of this section) shall be prepared and delivered to the person requesting the inspection, or to the person’s designated agent regardless of whether the registered company has offered to perform the inspection without charge. The granting of permission to make an inspection shall be deemed a request to make an inspection.
(b) The failure or refusal of the person ordering the inspection or of his or her designated agent to pay for such inspection or report shall not excuse a registered company which has commenced an inspection from preparing and delivering a report to the person requesting the inspection or the person’s designated agent.
NOTE: Authority cited: Section 8525, Business and Professions Code. Reference: Section 8516, Business and Professions Code.
HISTORY
1. New section filed 5-19-64; designated effective 9-1-64 (Register 64, No.11). 2. Amendment of subsection (b) filed 12-27-73; designated effective 3-1-74 (Register 73, No. 52). 3. Amendment filed 9-22-83; effective thirtieth day thereafter (Register 83, No. 39). 4. Amendment filed 3-23-87; effective upon filing pursuant to Government Code section 11346.2(d) (Register 87, No. 13). 5. Amendment of subsection (a) filed 7-13-90; operative 8-12-90 (Register 90, No. 34). 6. Amendment of subsection (a) filed 12-28-90; operative 1-27-91 (Register 91, No. 6). 7. Change without regulatory effect amending subsection (a) and form filed 9-16-92 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 38). 8. Change without regulatory effect amending section and Form 43M-41 filed 3-2-93 pursuant to section 100, title 1, California Code of Regulations (Register 93, No. 10). 9. Editorial correction of Form 43M-41 and History8 (Register 95, No. 16). 10. Amendment of subsection (a) and Form 43M-41 filed 8-13-98; operative 9-12-98 (Register 98, No. 33). 11. Amendment of subsection (a) and repealer and new form 43M-41 filed 12-
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16-2002; operative 1-15-2003 (Register 2002, No. 51). 12. Amendment filed 12-30-2005; operative 1-29-2006 (Register 2005, No. 52).