(a)

1. (1) Each building on which a contract is issued for the prevention, control, or eradication of termites shall meet the minimum standards outlined in Subparts 4, 5, 7, and 8 of this part, unless unusual structural or physical conditions render the correction of certain conditions to portions of the building impractical.

2. (2)

   1. (A) In such cases, an exclusion of certain minimum treating standards shall be made on forms supplied by the Department of Agriculture.
   2. (B) Provided the remainder of the structure is treated to meet all remaining minimum standards, requests for exclusion of certain minimum treating standards shall be made on forms supplied by the department.
3. (3) Each request for exclusion of certain minimum treating standards shall contain all property owner and pest control operator information, and all information must be provided or the request will be considered incomplete and may not be processed.
4. (4) Each request for exclusion must clearly state which treatment standard is to be excluded.
5. (5) An inspection fee of fifty dollars ($50.00) shall be assessed for each application submitted.

6. (6)

   1. (A) Department staff may contact property owners and discuss the exclusion application as staff feels the situation warrants.
   2. (B) Should department staff determine, through direct communication, that the property owner is not fully informed and in agreement with the type and quality of work to be performed under the exclusion agreement, approval to exclude the requested treatment standard will be denied.

7. (7)

   1. (A) The approval/denial decision will be made within two (2) working days from the date of receipt of the request.
   2. (B) If a request for exclusion of certain minimum treating standards is approved, a form with a notification of approval will be returned to the pest control operator.
   3. (C) The pest control operator shall sign the form, secure the signature of the property owner, and date of signing.
   4. (D) The signed and dated form shall be considered an attachment of the contract for control of termites issued on the subject property and shall be submitted with a copy of the contract and graph to the property owner and reported in the copies sent to the department.

8. (8)

   1. (A) The contract, issued on the building for which the exclusion of certain minimum treating standards has been approved, shall clearly state that minimum requirements for structural pest control work have not been fulfilled and reference the form as being a part of the contract.
   2. (B) In contracts for which an exclusion has been approved but that do not clearly reference the exclusion form as a part of the contract, the exclusion approval shall be considered invalid and the operator shall be issued a report of substandard termite treatment (pink slip) for the specific substandard conditions.

9. (9)

   1. (A) The use of any document or agreement for the purpose of issuing a substandard termite treatment contract, other than a preapproved Exclusion of Certain Minimum Treating Standards form issued by the department, is strictly prohibited.
   2. (B) Enforcement action shall be taken against all license holders and licensed operators found attempting to use such documents, and the violation shall be considered misrepresentations for the purpose of deceiving or defrauding and subject to the fourth level of enforcement as per State Plant Board Pest Control Enforcement Response Rules, Subpart 14 of this part, and Appendix A of this part.