STRUCTURALPEST CONTROL BOARDSUMMARY OF MEETINGFebruary20, 2001 The StructuralPest Control Board ("Board") meeting was held on Tuesday, February 20,2001 at the Omni Marina Hotel in Corpus Christi, Texas. Mr. Elias Briseno and Jo-Christy Brown were not present. The Board industry position held by Mr. Art Perez was vacant due to Mr.Perez resignation. All otherBoard members were present. Order of Business Dr. Jay Stone,Chairperson of the Board, convened the meeting at 9:00 AM. Motion and secondnominating Mrs. Rita Martinez as Recording Secretary. Motion approved. I. Approval of Board Minutesof December 5, 2000. Twotypographical changes were made to the minutes. Motion and second approving the minutes. II. General Public Comments including Public Comments and Public Hearing onthe following Sections: 597.2 Unlawful Actsand Grounds for Revocation 599.11 StructuralFumigation Requirements Bryan Springer ofBevis Pest Control offered comments that structural fumigation is the mostdangerous aspect of pest control. Mr.Springer expressed concern about individuals being licensed and not having anyfumigation experienced. Suggestedadditional licensing requirements. Dr.Roger Gold noted that Mr. Springer was a contributor to the revisions to thefumigation rule. Ken Myers of Orkinwanted the Board to think outside the box. Self-policing should be given credit by the Board. A complaint should not be issued automatically by the Board if someoneturns themselves in for finding a violation. The self-audit option was asserted as being too bulky for administrativeerrors. Mr. Myers suggested that alate fee structure be used. Mr.Myers noted that the big companies had the biggest problem with thisrequirement. Gary Gillen, ViceChair, suggested that Orkin follow the rules of the Board on licensing. Dr. Gold asked whodiscovered errors. Mr. Myers saidhe usually found errors. Dr. Stone then talkedabout the self-audit option. Debbie Aguirre talkedabout the fumigation rule. Ms.Aguirre pointed out that Dow had been asked to change the label. There were problems with the revised changes to the rule Ms. Aguirre feltand asked that the Board table the rule. Dr. Gold said we couldnot wait for changes that may not happen and suggested the Board move ahead. Bob McQueen, Presidentof Texas Pest Control Association (TPCA), opposed relaxing licensingrequirements for non-commercial applicators. Roy Dodds, TexasAssociation of School Administrators, asked that the Board go back to the oldrule that permitted the Board training course to help out schools. Lou Annecharico,Shamrock Pest Control, asked that the Board not relax IPM requirements forindividuals involved in schools urlaub Esbjerg buchenJames Donnell askedthat the Board move away from rule writing and ask the Legislature for morefunding. Mr. Donnell expressed aninterest in retaining investigators with experience. Mr. Gillen asked if Mr. Donnell was aware of TPCA opposingthe Boards funding request. Mr.Donnell said he was not a member of TPCA and he would be willing to write hislegislator to support an increase. Roy Dodds spoke aboutBoard Rule 593.5. He reiterated theconcerns of schools. He pointed outthat most schools do not hold onto people long enough to complete the twelvemonth training course. He favorsgoing back to the old rule. III. Consider for Adoption Section597.2 Unlawful Acts and Grounds for Revocation and 599.11 Structural FumigationRequirements Dr. Gold moved to adopt Rule597.2 and Madeline Gamble seconded. Therule passed unanimously. Mr. Gillen moved to adopt 599.11and Mrs. Gamble seconded. Dr. Goldwas concerned about some comments raised during public comments about ruleconflict with the label. Phil Thampointed out that the regulation could not contradict FIFRA. A vote was taken and the rule passed unanimously. IV. Proposed Amendments to 593.5 Examinations and 593.21 Technician LicenseRequirements Rule 593.5 Examinations Les Hoyt moved for proposal. Mr. Tham seconded. Executive Director summarized the proposed rule change, whichwould restore the rule to the pre September 1, 2000 state. Mr. Gillen expressed the concern that he wanted everyone treated thesame. Mr. Hoyt then spoke, addressingthe issue from the school angle. Mr.Hoyt pointed out that several hats need to be worn by one person. A local sampling in the Texas Panhandle area showed that 29 of 32 schooldistricts try to do some in-house pest control. Most school districts cannot hire anyone to do just pest controlservices. Mr. Hoyt then comparedsome regulations. Mr. Hoyt noted that Rule 593.6 places a two-year requirementfor a non-commercial applicator to become a commercial applicator, but therequirement does not go the other way. Mr.Hoyt also pointed out that the definition in Rule 593.11 is not consistent. Dr. Stone noted that the two-yearrequirement was added because they did not want non-commercial applicatorsrushing to become commercial applicators. Dr. Gold noted that other issuesare involved for governmental entities like insurance. Dr. Gold also asked if it was feasible to consider restricting schools tojust Green List products Mr. Gillen expressed concern bychanging the rule we would be relaxing standards. Mrs. Gamble indicated she was onthe fence on this issue. A vote was called. The motion for proposal passed 5-1, with Mr. Gillen being the lonedissenter. Mrs. Gamble, Mr. Gillen,Mr. Hoyt and Mr. Dodds of TASA would serve on a committee to review the issue. Rule 593.21 Technician LicenseRequirements The proposed rule would givecollege students training credits for taking related courses concerning pestcontrol. Dr. Gold spoke in favor ofthe rule. Mr. Gillen moved and Dr. Stoneseconded to send the rule down for proposal. The motion passed unanimously. V. Presentation on Termite2000 Eddie Manciet presented this system for review by the Board. Mr. Manciets system places pipes under the slab. As condition dictate, termiticide would be injected into the pipe and airpressure would push the termiticide out the holes and into the soil. Mr. Gillen expressed concern about the advertising language and felt itshould be changed. Dr. Stone asked if the system worked on connection points or arrays. Mr. Manciet indicated the pipe was broken down by sections. Mr. Gillen asked about the pressure distribution. Dr. Gold noted that his review showed Mr. Manciet was applying thepressure at an acceptable rate. Mr. Hoyt asked about pressure detection. Mr. Manciet noted that a hole in the system would show a drop in airpressure within seconds. Mr.Manciet emphasized this was a delivery system. Mr. Tham asked if there was a label requirement. Mr. Manciet noted no. Dr. Stone asked if a certified applicator could apply the system. Mr. Manciet said a certified applicator could, but that the target marketwas contractors. Dr. Gold moved to approve the system and Mrs. Gamble seconded. The motion passed unanimously. VI. Policy Statement on IPMCoordinator Responsibilities Mr.Gillen expressed need to make sure schools got all the information. He noted that investigators come to him, not the school, if there was aquestion due to school organization of records. Mrs.Gamble moved to adopt the policy and Mr. Gillen seconded. The motion passed unanimously. VII. Discussion of AttorneyGeneral Opinion Dr. Stone noted that the Attorney General did not note anything differentfrom his interpretation at the Lubbock Board meeting. Mr. Gillen noted that the Attorney General emphasized thesettlement assistance of the Board. Nochanges were made to the Board policy on settlement of complaints. VIII. Review AgreedAdministrative Penalties and Consent Agreements. Dr. Goldexpressed an interest in knowing the number of complaints. Mr. Gillen asked why one company received probation for part of the fine. The high fine for one licensee was also explained due to the fact thelicensee agreed to the fine with no meeting. IX. Hiring Procedures ofExecutive Director Dr. Stone indicated he wanted a procedure in place by March 1, 2001. A committee would be formed to review all applicants. Dr. Stone indicated that as information became available, it would beposted. X. Executive Directors Report a. Update on 77thLegislature and Bills: Only onebill concerns Board and that is the online licensing bill that affects the Boardand 15 other agencies. b. Dr. Hammonds TermiteSchool: No discussion. XI. Adjourn Meeting was adjourned at 12:00 PM.
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