North Carolina General Statutes 106-65.30. Inspectors; inspections and reports of violations; designation of resident agent
Terms Used In North Carolina General Statutes 106-65.30
- Arrest: Taking physical custody of a person by lawful authority.
- Certified applicator: means any individual who is certified under N. See North Carolina General Statutes 106-65.24
- Commissioner: means the Commissioner of Agriculture of the State of North Carolina. See North Carolina General Statutes 106-65.24
- in writing: may be construed to include printing, engraving, lithographing, and any other mode of representing words and letters: Provided, that in all cases where a written signature is required by law, the same shall be in a proper handwriting, or in a proper mark. See North Carolina General Statutes 12-3
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- Person: means any individual, partnership, association, corporation, or any organized group of persons whether incorporated or not. See North Carolina General Statutes 106-65.24
- Pest: means any living organism, including but not limited to, insects, rodents, birds, and fungi, which the Commissioner declares to be a pest. See North Carolina General Statutes 106-65.24
- property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
- Registered technician: means any individual who is required to be registered with the Structural Pest Control and Pesticides Division under N. See North Carolina General Statutes 106-65.24
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
- Structural pest control: means the control of wood-destroying organisms or household pests (including, but not limited to, animals such as moths, cockroaches, ants, beetles, flies, mosquitoes, ticks, wasps, bees, fleas, mites, silverfish, millipedes, centipedes, sowbugs, crickets, termites, wood borers, etc. See North Carolina General Statutes 106-65.24
(a) For the enforcement of the provisions of this Article the Commissioner is authorized to appoint one or more qualified inspectors and such other employees as are necessary in order to carry out and enforce the provisions of this Article. The inspectors shall be known as “structural pest control inspectors.” The Commissioner may enforce compliance with the provisions of this Article by making or causing to be made periodical and unannounced inspections of work done by licensees and certified applicators under this Article who engage in or supervise any one or more phases of structural pest control as defined in N.C. Gen. Stat. § 106-65.25 The Commissioner shall cause the prompt and diligent investigation of all reports of violations of the provisions of this Article and all rules and regulations adopted pursuant to the provisions hereof; provided, however, no inspection shall be made by a representative of the Commissioner of any property without first securing the permission of the owner or occupant thereof.
(b) Prior to the issuance or renewal of a license or certified applicator‘s identification card, every nonresident owner of a business performing any phase of structural pest control work shall designate in writing to the Commissioner or his authorized agent a resident agent upon whom service of notice or process may be made to enforce the provisions of this Article and rules and regulations adopted pursuant to the provisions hereof or any civil or criminal liabilities arising hereunder.
(c) The Commissioner shall have authority to appoint personnel of the Structural Pest Control and Pesticides Division as special inspectors and said special inspectors are hereby vested with the authority to arrest with a warrant, or to arrest without a warrant when a violation of this Article is being committed in their presence or they have reasonable grounds to believe that a violation of this Article is being committed in their presence. Said special inspectors shall take offenders before the several courts of this State for prosecution or other proceedings. The provisions of this section do not apply to any person holding a valid structural pest control license, or a certified applicator’s identification card, or a registered technician‘s identification card as issued under the provisions of this Article. Special inspectors shall not be entitled to the benefits of the Law Enforcement Officers’ Benefit and Retirement Fund or the benefits of the Law Enforcement Officers’ and Others Death Benefit Act as provided for in Articles 12 and 12A of Chapter 143 of the N.C. Gen. Stat., respectively. (1955, c. 1017; 1967, c. 1184, s. 9; 1973, c. 556, s. 9; 1975, c. 570, s. 15; 1977, c. 231, s. 10; 1989, c. 725, s. 6; 1999-381, s. 8; 2013-265, s. 10.)