Sections
Article 1 General Provisions 3-3601 – 3-3606
Article 2 Certification, Registration and Licensure 3-3611 – 3-3618
Article 3 Regulation 3-3621 – 3-3626
Article 4 Wood-Destroying Organisms 3-3631 – 3-3633

Terms Used In Arizona Laws > Title 3 > Chapter 20

  • accomplice: means a person, other than a peace officer acting in his official capacity within the scope of his authority and in the line of duty, who with the intent to promote or facilitate the commission of an offense:

    1. See Arizona Laws 13-301

  • Act: means a bodily movement. See Arizona Laws 13-105
  • Adult: means a person who has attained eighteen years of age. See Arizona Laws 1-215
  • Associate director: means the associate director of the division. See Arizona Laws 3-481
  • Branch office: means any fixed place of business, other than the primary office, where records are kept, mail is received, statements are rendered, money is collected, requests for service or bids are received, information pertaining to the business of pest management is given or pesticides are stored or disposed of. See Arizona Laws 3-3601
  • Branch supervisor: means a certified applicator working at or from a branch office who is responsible for ensuring the training, equipping and supervision of all applicators of the branch office. See Arizona Laws 3-3601
  • Business license: means a license that is issued pursuant to this chapter or rules adopted pursuant to this chapter to a person and that entitles that person and the person's employees to engage in the business of pest management. See Arizona Laws 3-3601
  • Business of pest management: means engaging in, offering to engage in, advertising for, soliciting or performing pest management, including any of the following:

    (a) Identifying infestations or making inspections for the purpose of identifying or attempting to identify infestations. See Arizona Laws 3-3601

  • Certified applicator: means an individual who is licensed by the division to provide pest management services in accordance with this chapter. See Arizona Laws 3-3601
  • Certified qualified applicator: means a certified applicator who is eligible to act as a qualifying party. See Arizona Laws 3-3601
  • Child care facility: means a facility that is regulated pursuant to title 36, chapter 7. See Arizona Laws 3-3601
  • Commission merchant: means a person that receives on consignment or solicits from the producer any fruit or vegetable for sale on commission on behalf of the producer or that accepts any fruit or vegetable in trust from the producer for the purpose of resale. See Arizona Laws 3-481
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Conduct: means an act or omission and its accompanying culpable mental state. See Arizona Laws 13-105
  • Container: means a box, carton or lug that is used for packing, shipping or selling fruit or vegetables that are authorized by this article or rules adopted pursuant to this article. See Arizona Laws 3-481
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Crime: means a misdemeanor or a felony. See Arizona Laws 13-105
  • Criminal negligence: means , with respect to a result or to a circumstance described by a statute defining an offense, that a person fails to perceive a substantial and unjustifiable risk that the result will occur or that the circumstance exists. See Arizona Laws 13-105
  • Critical public service facility: means :

    (a) A structure or fenced yard that is posted with signage indicating it is a felony to trespass or signage indicating high voltage or high pressure and is used by a rail, bus, air or other mass transit provider, a public or private utility, any municipal corporation, city, town or other political subdivision that is organized under state law and that generates, transmits, distributes or otherwise provides natural gas, liquefied petroleum gas, electricity or a combustible substance for a delivery system that is not a retail-only facility, a telecommunications carrier or telephone company, a municipal provider as defined in section 45-561, a law enforcement agency, a public or private fire department or an emergency medical service provider. See Arizona Laws 13-1501

  • Damage: means any physical or visual impairment of any surface. See Arizona Laws 13-1701
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Damaging: means damage as defined in section 13-1701. See Arizona Laws 13-1601
  • Dangerous instrument: means anything that under the circumstances in which it is used, attempted to be used or threatened to be used is readily capable of causing death or serious physical injury. See Arizona Laws 13-105
  • Deadly weapon: means anything designed for lethal use, including a firearm. See Arizona Laws 13-105
  • Defacing: means any unnecessary act of substantially marring any surface or place, by any means, or any act of putting up, affixing, fastening, printing or painting any notice on any structure, without permission from the owner. See Arizona Laws 13-1601
  • Device: means any instrument or contrivance that is intended to be used for trapping, destroying, repelling or mitigating any pest or other form of plant or animal life. See Arizona Laws 3-3601
  • Direct supervision: means the use of a pesticide under the instructions, control and responsibility of a certified applicator who is available if needed for consultation or assistance even though the certified applicator is not physically present at the time and place the pesticide is used. See Arizona Laws 3-3601
  • Division: means the pest management division of the department. See Arizona Laws 3-3601
  • Enterprise: includes any corporation, association, labor union or other legal entity. See Arizona Laws 13-105
  • Entry: means the intrusion of any part of any instrument or any part of a person's body inside the external boundaries of a structure or unit of real property. See Arizona Laws 13-1501
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Felony: means an offense for which a sentence to a term of imprisonment in the custody of the state department of corrections is authorized by any law of this state. See Arizona Laws 13-105
  • Fenced commercial yard: means a unit of real property that is surrounded completely by fences, walls, buildings or similar barriers, or any combination of fences, walls, buildings or similar barriers, and that is zoned for business operations or where livestock, produce or other commercial items are located. See Arizona Laws 13-1501
  • Fenced residential yard: means a unit of real property that immediately surrounds or is adjacent to a residential structure and that is enclosed by a fence, wall, building or similar barrier or any combination of fences, walls, buildings or similar barriers. See Arizona Laws 13-1501
  • Fenced yard: means a unit of real property that is surrounded by fences, walls, buildings or similar barriers or any combination of fences, walls, buildings or similar barriers. See Arizona Laws 13-1501
  • Final grade treatment: means the establishment of a complete vertical barrier at the exterior of foundation walls in stem wall or monolithic construction. See Arizona Laws 3-3601
  • Financial security: means liability insurance, a deposit of cash or certified monies, a surety bond or an irrevocable and unconditional letter of credit from a federally chartered financial institution or a financial institution as defined in section 6-101. See Arizona Laws 3-3601
  • Government: means the state, any political subdivision of the state or any department, agency, board, commission, institution or governmental instrumentality of or within the state or political subdivision. See Arizona Laws 13-105
  • Household pests: means pests, other than wood-destroying organisms, that invade households or other structures, including rodents, vermin and insects. See Arizona Laws 3-3601
  • Immediate supervision: means the use of a pesticide by an individual acting under the instructions, control and responsibility of a certified applicator who is within the direct line of sight or within hearing distance of the individual and who is available for consultation or assistance at the time and place the pesticide is used. See Arizona Laws 3-3601
  • In the course of committing: means any acts that are performed by an intruder from the moment of entry to and including flight from the scene of a crime. See Arizona Laws 13-1501
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Inhabitant: means a resident of a city, town, village, district, county or precinct. See Arizona Laws 1-215
  • Initial corrective treatment: means the first postconstruction treatment of any kind performed by a licensee, excluding a treatment performed under warranty by a licensee who has performed the pretreatment or new-construction treatment. See Arizona Laws 3-3601
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Inquiry: means an initial investigation of possible violations of this chapter or rules adopted pursuant to this chapter based on information received from the public or division staff. See Arizona Laws 3-3601
  • Knowingly: means , with respect to conduct or to a circumstance described by a statute defining an offense, that a person is aware or believes that the person's conduct is of that nature or that the circumstance exists. See Arizona Laws 13-105
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Litter: includes any rubbish, refuse, waste material, offal, paper, glass, cans, bottles, organic or inorganic trash, debris, filthy or odoriferous objects, dead animals or any foreign substance of whatever kind or description, including junked or abandoned vehicles, whether or not any of these items are of value. See Arizona Laws 13-1601
  • Lot: means a unit of identical or similar items that are produced by one person and that are grouped or consolidated in one or more containers for packaging or transporting or a cluster of identical or similar items that are produced by one person and that are included in the same shipping order, bill of lading or other itemized transport order. See Arizona Laws 3-481
  • Manipulation key: means a key, device or instrument, other than a key that is designed to operate a specific lock, that can be variably positioned and manipulated in a vehicle keyway to operate a lock or cylinder, including a wiggle key, jiggle key or rocker key. See Arizona Laws 13-1501
  • Master key: means a key that operates all the keyed locks or cylinders in a similar type or group of locks. See Arizona Laws 13-1501
  • Misdemeanor: means an offense for which a sentence to a term of imprisonment other than to the custody of the state department of corrections is authorized by any law of this state. See Arizona Laws 13-105
  • New-construction treatment: means a treatment that protects all cellulose components of a structure from subterranean termites and that is performed after a permanent concrete slab foundation is installed or footings and supports for a raised foundation are installed, but before the structure or a final grade treatment is completed. See Arizona Laws 3-3601
  • Nonresidential structure: means any structure other than a residential structure and includes a retail establishment. See Arizona Laws 13-1501
  • Occupied structure: means any structure as defined in paragraph 4 in which one or more human beings either is or is likely to be present or so near as to be in equivalent danger at the time the fire or explosion occurs. See Arizona Laws 13-1701
  • Other structures: includes railroad cars, boats, docks, motor vehicles or airplanes and their contents. See Arizona Laws 3-3601
  • Person: means a human being and, as the context requires, an enterprise, a public or private corporation, an unincorporated association, a partnership, a firm, a society, a government, a governmental authority or an individual or entity capable of holding a legal or beneficial interest in property. See Arizona Laws 13-105
  • Person: includes an individual, firm, association, partnership, trust or corporation. See Arizona Laws 3-481
  • Personal property: includes money, goods, chattels, things in action and evidences of debt. See Arizona Laws 1-215
  • Pest management services: means identifying infestations or making inspections for the purpose of identifying or attempting to identify infestations, making written or oral inspection reports or recommendations with respect to infestations and the application of pesticides or the use of devices not exempt by section  3-3603, subsection B, paragraph  17 for the purpose of eliminating, exterminating, controlling or preventing infestations. See Arizona Laws 3-3601
  • Pesticide: means any substance or mixture of substances intended to be used for preventing, destroying, repelling or mitigating insects, fungi, bacteria, microbes, weeds, rodents, predatory animals or any form of plant or animal life that is, or that the director may declare to be, a pest and that may infest or be detrimental to vegetation, humans, animals or households or be present in any environment. See Arizona Laws 3-3601
  • Political subdivision: means a state agency, county, city, town, municipal corporation or school district or a special district formed pursuant to title 48. See Arizona Laws 3-3601
  • Possession: means a voluntary act if the defendant knowingly exercised dominion or control over property. See Arizona Laws 13-105
  • Postconstruction treatment: means a treatment to control wood-destroying organisms in or around an existing structure performed after all soil disturbance associated with construction is complete and after an applicator has completed an inspection of the structure and a treatment proposal under section  3-3632, subsections A and B. See Arizona Laws 3-3601
  • Pretreatment: means a termite treatment that protects all cellulose components of a structure from subterranean termites, that is performed before a permanent concrete slab foundation is installed or in conjunction with establishing footings and supports for a raised foundation and that establishes thorough and complete horizontal and vertical treated barriers. See Arizona Laws 3-3601
  • Prior violation: means any violation for which disciplinary action was taken within a five-year period before the date of the violation for which current disciplinary action is sought. See Arizona Laws 3-3601
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Producer: means a person that is engaged in this state in the business of producing or causing fruit or vegetables to be produced for market in commercial quantities. See Arizona Laws 3-481
  • Property: means anything of value, tangible or intangible. See Arizona Laws 13-105
  • Property: includes both real and personal property. See Arizona Laws 1-215
  • Property: means anything other than a structure which has value, tangible or intangible, public or private, real or personal, including documents evidencing value or ownership. See Arizona Laws 13-1701
  • Property of another: means property in which any person other than the defendant has an interest, including community property and other property in which the defendant also has an interest and, for damage caused by theft of scrap metal, the property of other persons damaged directly or indirectly as a result of the acts of the defendant. See Arizona Laws 13-1601
  • Qualifying party: means a certified qualified applicator registered with the division as the individual responsible for ensuring the training, equipping and supervision of all applicators of a business licensee or school district. See Arizona Laws 3-3601
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Recklessly: means , with respect to a result or to a circumstance described by a statute defining an offense, that a person is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists. See Arizona Laws 13-105
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Residential structure: means any structure, movable or immovable, permanent or temporary, that is adapted for both human residence and lodging whether occupied or not. See Arizona Laws 13-1501
  • School: means any public or nonpublic institution, other than a child's home, that is established for the purpose of offering instruction to pupils in programs for preschool children with disabilities, kindergarten programs or any combination of grades one through twelve and that qualifies as a school pursuant to section 15-802. See Arizona Laws 3-3601
  • Service vehicle: means a motor vehicle, including a trailer attached to the motor vehicle, that is used to transport equipment or pesticides for the business of pest management. See Arizona Laws 3-3601
  • Sexual intercourse: means penetration into the penis, vulva or anus by any part of the body or by any object or masturbatory contact with the penis or vulva. See Arizona Laws 13-1401
  • Shipper: means a person that ships, transports, sells or markets fruit or vegetables under the person's registered trademark or label or a person that first markets the fruit or vegetables on behalf of the producer. See Arizona Laws 3-481
  • Structure: means any device that accepts electronic or physical currency and that is used to conduct commercial transactions, any vending machine or any building, object, vehicle, railroad car or place with sides and a floor that is separately securable from any other structure attached to it and that is used for lodging, business, transportation, recreation or storage. See Arizona Laws 13-1501
  • Structure: means any building, object, vehicle, watercraft, aircraft or place with sides and a floor, used for lodging, business, transportation, recreation or storage. See Arizona Laws 13-1701
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Trustee: A person or institution holding and administering property in trust.
  • Unlawful: means contrary to law or, where the context so requires, not permitted by law. See Arizona Laws 13-105
  • Utility: means any enterprise, public or private, that provides gas, electric, irrigation, steam, water, water conservation, sewer or communications services, as well as any common carrier on land, rail, sea or air. See Arizona Laws 13-1601
  • Vehicle: means a device in, upon or by which any person or property is, may be or could have been transported or drawn upon a highway, waterway or airway, excepting devices moved by human power or used exclusively upon stationary rails or tracks. See Arizona Laws 13-105
  • Vending machine: means a machine that dispenses merchandise or service through the means of currency, coin, token, credit card or other nonpersonal means of accepting payment for merchandise or service received. See Arizona Laws 13-1501
  • Weed: means any plant that grows where it is not wanted. See Arizona Laws 3-3601
  • Wildland: means any brush covered land, cutover land, forest, grassland or woods. See Arizona Laws 13-1701
  • Wood-destroying insect inspection report: means a written inspection report on a form approved by the director that is prepared in connection with the sale or refinancing of real property whether or not the report is used as part of the transaction. See Arizona Laws 3-3601
  • Wood-destroying organisms: means organisms that attack, damage or destroy wood or wood-derivative products, but does not include birds or mammals. See Arizona Laws 3-3601