Hawaii · statute · Haw. Rev. Stat. ch. 460J · 31 active provisions
As used in this chapter: "Board" means the pest control board. "Director" means the director of commerce and consumer affairs. "Efficacy and safety data" means data from experiments conducted by qualified scientists to determine the efficacy and safety of a nonchemical pest control device. "Fumigation" means the use of…
(a) There shall be a pest control board of nine members. Six members of the board shall be appointed by the governor; of which four shall have been for a period of not less than five years preceding the date of their appointment, licensed pest control operators actively engaged in the business of pest control; and two…
In addition to any other powers and duties authorized by law, the board shall: (1) Grant licenses to operators pursuant to this chapter; (2) Adopt, amend, or repeal rules as it may deem necessary to effectuate this chapter and carry out the purpose thereof which purpose is the protection of the general public. All rule…
No person within the purview of this chapter shall act or assume to act, or advertise, as a pest control operator or be engaged in the business of pest control without a license previously obtained under and in compliance with this chapter and the rules of the board.
The board may investigate, classify, and qualify applicants for operators' licenses.
To obtain an operator's license, a person shall fulfill the following requirements: (1) File an application as prescribed by the board; (2) Possess a history of honesty, truthfulness, financial integrity, and fair dealing; (3) Be at least eighteen years of age; (4) Satisfy the board's examination and experience require…
(a) A licensed pest control operator shall have and maintain in full force and effect the following: (1) Workers' compensation insurance, unless the licensee is authorized to act as a self-insurer under chapter 386 or is excluded from the requirements of chapter 386; and (2) Liability insurance from an insurance compan…
(a) Every applicant for a license under this chapter shall file an application on forms prescribed or required by the board, and shall furnish any additional information bearing upon the issuance of the license as the board requires. Every application shall be accompanied by the application and examination fees. In the…
The form of every license shall be prescribed by the board and shall be issued in the name of the board.
A licensed operator shall have and maintain a definite place of business in the State and shall display therein the operator's license.
(a) Licenses issued to operators or field representatives shall be limited to the branch or branches of pest control for which the applicant has qualified by application and examination. For the purpose of delimiting the type and character of work authorized by the various branch licenses hereinafter set forth, the pra…
The board shall ascertain by written examination that an applicant for a license as operator is qualified in the use and understanding of all of the following: (1) The English language, including reading, writing, and spelling. (2) The building and safety laws of the State and any of its political subdivisions, if the…
(a) The biennial renewal fee shall be paid to the board on or before June 30 of each even-numbered year. Failure, neglect, or refusal of any duly licensed operator to pay the biennial renewal fee shall constitute a forfeiture of the person's license. Any license may be restored upon written application therefor within…
(a) In addition to any other actions authorized by law, the board may revoke, suspend, or refuse to renew any license issued hereunder, for any cause authorized by law, including but not limited to the following: (1) Departure from, or disregard of, plans or specifications in the performance of pest control work in any…
In all proceedings before it, the board and each member thereof shall have the same powers respecting administering oaths, compelling the attendance of witnesses and the production of documentary evidence, and examining witnesses as are possessed by circuit judges at chambers. In case of disobedience by any person of a…
No partnership, joint venture, or corporation shall be deemed to have violated this chapter by acting or assuming to act as a pest control operator after the death or dissociation of a licensee who had the direct management of the pest control business thereof prior to final disposition by the board of an application f…
(a) This section shall apply to contracts for the control of termites and written inspection reports. (b) No licensee shall commence work on a contract for the control of termites until an inspection has been made and a written inspection report and a written estimate have been approved by the person requesting the wor…
Any work contract, billing, agreement, letter of work completed, or other correspondence or document, expressing an opinion or making a statement relating to the presence or absence of termites shall refer to the report defined in section 460J-19(b). Such documents shall indicate specifically whether all of the recomme…
Fumigation shall be performed only under the direct supervision of an individual who is an applicator certified for structural fumigation by the department of agriculture and biosecurity.
A licensee shall maintain a log of each fumigation job performed by the licensee in this State. The log shall be in the form required by the regulations of the board and shall be preserved for a period of at least two years, during which time it shall be available at all times during business hours for inspection by th…
A pest control operator may secure pest control work, identify infestations or infections, make inspections, and submit bids or otherwise contract for pest control work. A pest control operator may hire or employ individuals who are not licensed under this chapter to perform work on contracts.
Notwithstanding any provisions of this chapter, any individual who is licensed by the board as an operator in both the branches of general pest and termite control may subcontract for the actual performance of fumigation with an individual who is licensed by the board as an operator in the branch of fumigation. Nothing…
A licensed contractor may contract for the performance of any soil treatment pest control work to eliminate, exterminate, control, or prevent infestations or infections of pests from the ground beneath or adjacent to any existing building or structure or in or upon any site upon which any building or structure is to be…
(a) All manufacturers or their representatives intending to sell, lease, or provide through other means a nonchemical pest control device in the State shall submit efficacy and safety data prior to sale, lease, or transfer to the department of agriculture and biosecurity; provided such requirement for submission of eff…
No person shall engage in the business of pest control unless the person has filed with the board a general liability and workers' compensation insurance policy approved by the board in an amount prescribed by the board through its rules; provided that no employee of any company need have such policy in effect with res…