173-39-02.3 Pest control service.

(A) "Pest control service" means a service that improves, restores, or maintains a clean, sanitary, and safe living environment through the performance of tasks in the home that are beyond the consumer's capability and the removal of pests posing a threat to the consumer's health and welfare.

(B) Eligibility: A consumer is only eligible for the service if:

(1) Neither the consumer, nor anyone else in the consumer's home, is capable of performing or financially providing for the services;

(2) No other relative, caregiver, community/volunteer agency, or third-party payer is capable of, or responsible for, their provision; and,

(3) No other person (e.g., a landlord) has a legal or contractual responsibility to perform the job.

(C) Requirements for a pest control service in addition to the conditions of participation under rule 173-39-02 of the Administrative Code:

(1) Estimate: Upon a consumer's initial request:

(a) Each agency provider shall furnish ODA's designee with a verbal estimate of the cost of the service.

(b) Each non-agency provider shall furnish the consumer with a verbal estimate of the cost of the service.

(2) Written price quote:

(a) Each agency provider shall furnish ODA's designee with a written price quote no later than seven days after the consumer initially requests the service. The provider shall not charge more than the amount of the original price quote that it submits to ODA's designee.

(b) Each non-agency provider shall furnish the consumer with a written price quote no later than seven days after the consumer initially requests the service, unless the consumer establishes an alternative time period for providing the written price quote. The provider shall not charge more than the original price quote he or she submits to the consumer.

(3) Safety:

(a) The provider shall retain, and furnish to the consumer and/or ODA's designee, upon request, a list of the chemical(s) or substance(s) used for each job order.

(b) The provider shall inform the consumer and ODA's designee of any specific health or safety risks expected during the job project, and assist the case manager to coordinate times and dates of service to insure minimal risk of hazard to the consumer as applicable to each job.

(c) The provider shall comply with any applicable local codes or ordinances in the performance of each job order.

(d) The provider shall furnish a warranty to ODA's designee that covers the workmanship and materials involved in the service provided.

(4) Provider qualifications:

(a) Type of provider: Only an agency that ODA certifies as an agency provider or a person that ODA certifies as a non-agency provider shall provide this service.

(b) Licensure: The provider shall maintain a current and valid commercial pesticide applicator license and a pesticide application business license from the Ohio department of agriculture.

(5) Service verification:

(a) After the provider completes a job order, the provider shall retain a record of the:

(i) Consumer's name;

(ii) Date of service;

(iii) Service description, including a comparison between the job order and the completed job;

(iv) Provider's signature; and,

(v) Consumer's signature. The case manager shall record the consumer's signature of choice in the consumer's service plan. The signature of choice may include a handwritten signature; initials; stamp or mark; or electronic signature.

(b) The provider may use a technology-based system to collect or retain the records required under this rule.

(c) The agency provider shall retain records required under this rule according to paragraph (B)(5) of rule 173-39-02 of the Administrative Code and the non-agency provider shall retain records required under this rule according to paragraph (C)(5) of rule 173-39-02 of the Administrative Code.

(D) Units and rates: A unit of pest control service is one job order, with the unit rate being the price quoted by a qualified provider and accepted by the consumer.

Replaces: 173-39- 02.3

Effective: 03/17/2011
R.C. 119.032 review dates: 03/17/2016
Promulgated Under: 119.03
Statutory Authority: 173.02 , 173.391
Rule Amplifies: 173.39 , 173.391 , 173.403 , 173.431
Prior Effective Dates: 03/31/2006