Termite Warranties and Retreatments

R3-8-309. Termite Warranties and Retreatments A. If a business licensee or an employee of a business licensee i s advised before concrete is poured that a pretreatment area i s disturbed and the continuous chemical barrier is broken and if an opportunity is provided to re-treat the disturbed area or i s advised that a new-construction treatment area is disturbed, the business licensee shall ensure that the disturbed area i s retreated. treat- B. A business licensee that provides a subterranean termite ment warranty shall ensure that the effective date of the warranty is the date on which treatment begins. com- C. If subterranean termites occur in or on a residential or mercial structure within three years after a business license e first performs a pretreatment or new-construction treatment of the structure, the business licensee shall re-treat the affecte d area of the structure free of charge in accordance with the label specifications of a termiticide available for use. If subterranean termites occur in or on an addition that does not abut th e slab of a residential or commercial structure within three year s after a business licensee first performs a pretreatment or newbusi- construction treatment of the non-abutting addition, the ness licensee shall re-treat the non-abutting addition free of charge in accordance with the label specifications of a termiticide available for use. For the purpose of this subsection, th e business licensee is the business licensee who performed th e pretreatment or new-construction treatment or a successor that acquired the business assets pertaining to wood-destroyin g insect treatment. March 31, 2026 Supp. Administrative Code 3 A.A.C. 8 AGRICULTURE - PEST MANAGEMENT DIVISION D. If subterranean termites occur a third time on the exterior of a one or two unit residential structure within three years after a new-con- business licensee first performs a pretreatment or struction treatment, the business licensee shall re-treat th e entire exterior perimeter of the structure free of charge. If a termite bait station installation was originally installed for th e final grade, a liquid termiticide shall be used for the complet e retreatment, unless rejected in writing by the consumer. 1. As used in this subsection, exterior means a portion of a residential structure where termite activity originates an d that is not livable and not a garage; 2. For the purpose of this subsection and subsection (E): a. A first occurrence means the first time evidence of subterranean termites exists after a pretreatment or new-construction treatment; b. A second occurrence means evidence of subterranean termites exists at least 25 feet away from th e site of the first occurrence and at least 45 days after the date of re-treatment for the first occurrence; and c. A third occurrence means evidence of subterranea n termites exists at least 25 feet away from the sites of both the first and second occurrences and at least 4 5 days after the date of re-treatment for the secon d occurrence. E. If subterranean termites occur a third time on the interior of a one or two unit residential structure within three years after a new-con- business licensee first performs a pretreatment or struction treatment, the business licensee shall perform a postconstruction treatment of the entire structure free of charge. A s residen- used in this subsection, interior means a portion of a tial structure where termite activity originates and that is livable or a garage. subsec- F. A business licensee that performs a re-treatment under tion (C) or (D) or a post-construction treatment under subsection (E) shall not charge the consumer for any expens e incurred in providing the re-treatment or post-constructio n treatment to which the consumer is entitled under this Chapter. G. If a business licensee goes to a structure to perform a re-treattreat- ment under subsection (C) or (D) or a post-construction ment under subsection (E) and determines there is no evidenc e of subterranean termites, the business licensee may charge th e consumer a reasonable amount for the expenses incurred i n making the trip. H. If a business licensee determines that a re-treatment or postconstruction treatment is necessary because the continuou s chemical barrier is disturbed, the business licensee may charg e the reasonable cost of reestablishing the barrier. treat- I. If a customer refuses a re-treatment or post-construction ment as described in this Section, access to the customer’ s property, or to allow drilling in an area where drilling is necessary, the business licensee shall obtain the customer’s printe d name and dated signature on a document evidencing that th e business licensee: 1. Informed the customer of the right to a re-treatment or post-construction treatment at no charge, 2. Provided the customer with a copy of this Section and th e termiticide label requirements, 3. Provided the customer with the PMD’s telephone number, and 4. Explained to the customer the benefits of having and th e detriments of not having a re-treatment or post-construction treatment. 26-1 Page 19 3 A.A.C. 8 Arizona CHAPTER 8. DEPARTMENT OF AGRICULTURE Historical Note New Section recodified from R4-29-309 at 23 A.A.R. 1976, effective June 30, 2017; Section amended by exempt rulemaking at 23 A.A.R. 1949, effective August 29, 2017 (Supp. 17-2). Section amended by final rulemaking at 32 A.A.R. 443 (February 20, 2026, Issue 8), effective April 6, 2026 (Supp. 26-1).