(a)

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Terms Used In Tennessee Code 62-21-114

  • Category: means an area of licensing or certification for which commercial pest control operators or restricted use applicators are qualified. See Tennessee Code 62-21-102
  • Commercial pest control operator: means a person or business entity who engages in the custom application of pesticides or inspection of real property for the purpose of issuing a wood destroying insect infestation inspection report and who has demonstrated to the satisfaction of the commissioner the person's qualifications to design and direct pest control and inspection operations. See Tennessee Code 62-21-102
  • Commissioner: means the commissioner of agriculture. See Tennessee Code 62-21-102
  • Contract: A legal written agreement that becomes binding when signed.
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • Prevention: means the prevention of conditions conducive to termite harborage or activity, or both, by advice of a licensed operator. See Tennessee Code 62-21-102
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
(1) Every chartered person shall enter into a written contract for any service rendered in the category of wood destroying organisms.
(2) A separate contract must be given for each structure or building; provided, that an industrial complex or group of buildings may be covered by a single contract when it is an integral part of one (1) industrial unit.
(3) A garage, pump house or other outbuilding commonly a part of a residential establishment may be covered by the same contract as that covering the residence itself; provided, that the garages, pump houses or other outbuildings are not used as separate residential units.
(4) An apartment complex cannot be construed to be an industrial complex.
(b)

(1) No person or business entity may enter into an agreement to provide services for termite prevention, control or a termite warranty without initial treatment unless properly chartered as a commercial pest control operator pursuant to § 62-21-103.
(2)

(A) Notwithstanding this chapter or any other law to the contrary, a chartered commercial pest control operator may enter into an agreement to provide ongoing services for a termite warranty without initial treatment for any structure or building regardless of any initial chemical application for prevention or control of termites of any such structure or building.
(B) Any agreement for a termite warranty without initial treatment shall clearly state in one-half inch (1/2″) high letters on the front of the agreement if a damage repair guarantee is not offered. A violation of this subdivision (b)(2)(B) constitutes a violation of the Tennessee Consumer Protection Act, compiled in title 47, chapter 18, part 1.
(3) Prior to entering into a termite warranty without initial treatment agreement with any person or entity under this subsection (b), the chartered commercial pest control operator must conduct an initial inspection and issue an initial report that includes:

(A) A graph or diagram of the property where any visible damage or infestation, if any, is located;
(B) A written description of the type of damage, if any; and
(C) The date of the initial inspection report.
(4) The commissioner shall, subject to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, promulgate all necessary rules and regulations, consistent with this chapter. Rules promulgated to implement this subsection (b) shall regulate the commercial pest control industry and provide for the protection of the consumer.
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