This chapter shall not apply to:

(1) Officials of the federal government on military reservations;

Terms Used In Hawaii Revised Statutes 460J-26

  • Board: means the pest control board. See Hawaii Revised Statutes 460J-1
  • Pest control: means , with respect to wood-destroying pests, or other pests which may invade households or other structures, including railroad cars, ships, docks, trucks, airplanes, or the contents thereof, the engaging in, offering to engage in, advertising for, soliciting, or performing the following for hire:

    (1) Identifying pests or infestations;

    (2) Making an inspection for the purpose of identifying or attempting to identify infestations of household or other structures by pests;

    (3) Making inspection reports, recommendations, estimates, and bids, whether oral or written, with respect to infestations; or

    (4) Making contracts, or submitting bids for, or the use of avicides, insecticides, pesticides, rodenticides, fumigants, or allied chemicals or substances, or mechanical devices, for the purpose of eliminating, exterminating, controlling, or preventing infestations of pests or organisms. See Hawaii Revised Statutes 460J-1

  • Pest control operator: means any person who personally or through others offers to undertake or practice, or holds oneself out as being able to undertake or practice, or does undertake or practice pest control. See Hawaii Revised Statutes 460J-1
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
(2) Personnel of the United States Department of Agriculture, the state department of agriculture, or state department of land and natural resources, or the United States Public Health Service in the performance of their official duties;
(3) Other government employees who conduct research on pesticides or pest control or who use pesticides in the performance of their duties;
(4) Qualified scientific personnel specially exempted by the board;
(5) Persons engaged in pest control for agricultural purposes; or
(6) Engineers or architects licensed under chapter 464 who:

(A) Draft or prepare design documents that prescribe anti-termite or anti-pest measures, including the specification of termiticides, that are required by the building code and other governmental agencies;
(B) Conduct building condition or assessment surveys to observe and evaluate the condition of the building or structure, if the primary purpose of these surveys is not to report on the identification of infestations; or
(C) Prepare reports based on the results of the surveys specified in subparagraph (B) that identify the location, extent, and probable cause of the pest damage (e.g., “termite damage”); provided that where a report concerns termite damage, the particular type or species of termite shall not be specified unless the report is written in consultation with a licensed pest control operator licensed in termite control or other duly recognized expert in urban entomology, such as an insect taxonomist or urban entomologist with expertise in the identification or control of termites; and provided further that if a licensed pest control operator is not consulted, the report shall include a recommendation that a licensed pest control operator be contracted for further assessment or treatment.
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