CNWCOA - BIRD WORK ON BUILDINGS

BIRD WORK ON BUILDINGS - DPR Regulations

The following questions were directed to Director Paul Helliker in December, 2001 with our request that he provide authoritative answers which when received would be posted on this web page for all CNWCOA members and DPR licensees to see.

Question #1. What types of bird work on buildings can be performed by persons with valid Qualified Applicators Licenses in the Residential, Industrial and Institutional category?

Question #2. On what types of buildings can Qualified Applicators perform bird work?

Question #3 Are Qualified Applicators wishing to use Avitrol to control pest birds subject to the same restrictions as Structural Pest Control Operators?

Question #4 Are there geographical areas within California where Qualified Applicators are not authorized to perform bird work on buildings?

Question #5 Does your agency regulate the use of traps in the control of pest birds?

Question #6 Is the possession of a California State Contractor's License D-64 sufficient authority for a NWCO to perform bird work on buildings?

Question #7 Can an unlicensed person legally perform any type of bird work on buildings?

Bird Work On Buildings - DPR DIRECTOR RESPONDS

Paul Helliker, Director of the California Department of Pesticide Regulation, has responded to CNWCOA's questions regarding the performance of "Bird Work On Buildings". While he chose not to answer our questions directly, Mr.Helliker did state DPR's general legal position on the subject as a whole. Rather than trying to characterize the Director's comments, the Association has decided to publish his letter for your personal consideration and understanding.

     "Thank you for your letter about bird control work on municipal buildings. It is my understanding that you spoke with staff in the Department of Pesticide Regulation's (DPR's) Licensing and Certification Program about this issue, and they provided you with similar information that you will find in this letter.

     Generally, with the exceptions described below, a person needs a valid DPR pest control business license to perform any agricultural pest control for hire. This means controlling plant and animal pests with any pesticide, method, or devise. Also, the business must have on staff a person possessing valid qualified applicators license in the pest control category reflecting the pest control activities conducted by the business. The exceptions to the DPR license requirement apply when the pesticide, method, or device is packaged or labeled with directions intended for home use, use in structural pest control, use in industrial processes, controlling pests of animals under a veterinarian's prescription, or public health pest control. It is also not required if you perform live capture and removal or exclude certain vertebrate pests without the use of pesticides. The California Food and Agriculture Code section 11531 defines "vertebrate pests" and excludes mice, pigeons and rats. Therefore, for pest control of mice, pigeons, or rats, a DPR license is necessary in the settings and situations described above.

     The Structural Pest Control Board has confirmed that a structural pest control (SPC) business license is required to perform pest control for hire on or in a structure, such as a municipal building. The SPC license is not needed if you perform live capture and removal or exclusion of vertebrate pests without the use of pesticides. However, also in the SPC license requirements, mice, pigeons, and rats are not included under their definition of "vertebrate pests," making a SPC business license necessary for controlling these pests in or on structures.

     In summary, to control pigeons in any agricultural setting, such as on plants or the property outside of any structure, a person must possess a valid DPR pest control business license. The pest control company must have on staff a person possessing a valid qualified applicator license in the pest control category A -Residential, Industrial, and Institutional. To control pigeons in or on a structure, a structural pest control business license is required. It is recommended that you contact the SPC Board for more information and other requirements for performing structural pest control for hire……"

     Sincerely,
     Paul Helliker, Director

*Please note that the Director's letter was written almost three months before the Contractors State License Board approved the new limited specialty contractors classification and issued the first D64 "Animal Damage and Bird Control" license.

   "a structural pest control (SPC) business license is required to perform pest control for hire on or in a structure"
       Structural Pest Control Act

   "..a contractor is any person who undertakes to, or offers to undertake to, or purports to have the capacity to, or submits a bid to, or does himself or by or through others, construct, alter, repair, add to, subtract from, improve, move, wreck or demolish any building..."
       Contractors License Law Business & Professions Code

Back to the CNWCOA Home Page