(a)

1. (1) Any statements as to the condition of a building pertaining to termites, or other wood-destroying insects or decay fungi (rot), other than a bid or proposal for treatment shall be considered a letter of clearance.
2. (2) Letters of clearance shall not be issued by any person, business, or entity without first acquiring a commercial license to perform Classification 1 (termite and other structural pest control) work.

3. (3)

   1. (A) Letters of clearance issued in connection with a real estate transaction shall be made on a form officially adopted by the Department of Agriculture.
   2. (B) This form shall be the current Wood Destroying Insect Infestation Inspection Report form prescribed by the United States Department of Housing and Urban Development.
4. (4) Letters of clearance must be accompanied by a signed contract providing a guarantee of at least one (1) year and a graph or diagram showing, if present, the location of active or inactive wood-destroying insect infestations and visible damage.
5. (5) Structures upon which letters of clearance are written must meet all conditions stated in the letter as well as all the minimum requirements for structural pest work in Subparts 4, 5, 7, and 8 of this part.
6. (6) For additional responsibility on letters of clearance, see 2 CAR § 54-301, Contracts.

(b)

1. (1) Areas which are inaccessible for inspection must be clearly described in the letter.
2. (2) Inaccessible areas in crawl spaces must be made accessible as per minimum treating standards or excluded by an exclusion of minimum treating standards attachment to the contract.

(c)

1. (1) When a letter of clearance is issued on a building for which previous substandard prior approval, waiver of the minimum treating requirements, or exclusion of certain minimum treating standards has been given, the license holder shall notify the new owner of the clearance letter and contract that specified prior-approved substandard conditions exist in the structure.
2. (2) When this is done, the license holder shall not be issued a report of substandard termite treatment on the specified substandard conditions.