§460J-26 Exemptions. This chapter shall not apply to:
(1) Officials of the federal government on military reservations;
(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. [L 1972, c 134, pt of §1; am L 1993, c 74, §12; am L 1997, c 84, §7]
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