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Residential Lawn Care Services Contract

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Residential Lawn Care Services Contract document sample

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									                                   New York State law requires that a written          New York State law requires that your
                                   contract be signed before pesticides are            contract contain:
                                   applied by a lawn care company to a
  CONTRACTING                      residential property.                               T      All warnings of potential harm to
                                                                                              humans, pets or the environment found
 FOR LAWN CARE                     This contract is a legally enforceable                     on the label of each pesticide that will
                                   agreement between you and your lawn care                   be applied.
   SERVICES?                       company or pesticide applicator. It specifies
                                   what products and services will be provided         T      The brand and generic names of the
   A Guide for Homeowners          and how much you will have to pay for them.                active ingredients of each pesticide that
Purchasing Pest Control Services                                                              will be used on your property.
       for Their Lawns             Why should I be concerned about the details         T      The total number of applications to be
                                   of the contract?                                           provided and the total cost of the entire
                                                                                              pesticide application program.
                                   You can help to protect your family, pets and
                                   personal property from the potentially harmful      T      The dates when pesticides will be
                                   effects of pesticides with a well crafted                  applied to your lawn. The law allows
                                   contract. All pesticides, including the weed               these dates to     be stated as an
                                   and insect controls used on lawns, trees and               approximate range.
                                   gardens, are potentially dangerous. In a
                                   contract, you can limit which pesticides, if any,   T      The lawn care company’s business
                                   will be applied. By knowing in advance which               registration number, applicator
          Eric T. Schneiderman     pesticides will be applied, when they will be              certification ID number, name, address,
                                   applied, and what their toxic properties are,              and phone number.
          Attorney General
                                   you can be prepared to take precautions to
                                   avoid unnecessary exposure to pesticides.           If the company can’t apply pesticides
                                                                                       according to the original schedule, the law
                                   Your lawn care company is responsible for           requires that they get your permission before
     Environmental Protection      making sure that the contract meets the law’s       applying any pesticides on alternate dates.
             Bureau                minimum requirements. You are free to change
                                   your lawn care contract by adding various           Note: Look out for an automatic renewal
                                   terms that will help protect you. In this           clause commonly found in lawn care contracts.
                                   brochure, we suggest some additions that you        If you are not fully comfortable with the
                                   may want to consider.                               renewal provision, you should remove it before
                                                                                       signing the contract.
In addition to a contract, state law or                To help protect your family, pets, and             A final note:
regulations require the lawn care company              property from the dangers of pesticide
to:                                                    applications, consider adding terms to the         All New Yorkers should consider Integrated
                                                       contract, beyond those required by law, that:      Pest Management (IPM) as an alternative to
Post warning signs on your property                                                                       pesticides. IPM is an extremely effective
indicating that pesticides were applied. The                                                              approach that uses mechanical, physical,
signs must be yellow with black lettering.             T      Require that the contract state the         biological and, as a last resort, chemical
                                                              specific pesticide(s) to be applied on      methods to control pests and maintain a healthy
T       Each sign must be at least 4" x 5".                   specific date(s).                           lawn. Many lawn care companies provide this
        Signs up to 5" x 5", signs must be                                                                service, or you can do it yourself. For more
        placed not more than 50' apart along           T      Require the contractor to inform you at     information         about      IPM,       see:
        the perimeter of the treated area or, if              least 48 hours before any pesticide
        the signs are at least 5" x 6", they can              application if this information cannot be   www.ag.ny.gov/bureaus/environmental/about.html
        be placed not more than 100' apart.                   provided when the contract is signed.
        The top of the sign must be at least                                                              New York State’s “Neighbor Notification”
        12" above the ground.                          T      Require the contractor to give you a        Law, a separate statute, authorizes counties and
                                                              reminder call at least 48 hours in          New York City to adopt local laws that require
                                                              advance of any application of pesticide     commercial pesticide applicators to provide 48
T       The signs must be posted at common
                                                              to your property.                           hours’ advance notice to occupants of
        entry points adjacent to the treated
                                                                                                          neighboring dwellings with property lines
        areas.    If the treated area is
                                                       T      Require the contractor to list in the       within 150 feet of the application. Such local
        impassable, two signs are enough.
                                                              contract alternate dates for pesticide      laws have now been adopted in New York City
                                                              applications in the event that              and the counties of Albany, Monroe, Nassau,
Tell you the actual date and time of pesticide                application cannot be done as originally    Rockland, Suffolk, Tomkins, and Westchester.
application either by including that                          scheduled.                                  If you live in any of those areas, be sure that
information on the warning sign or by                                                                     your contractor provides the required notice.
providing the information to the property              T      Require that the contractor notify you in
owner before leaving the property.                            person of the date and time of each         If you use a lawn care service, the best way to
                                                              completed pesticide application and         insure that you get the services you want is by
A complete listing of regulatory requirements for
                                                              post that information, along with the       having a contract that clearly explains the
lawn care contracts is available on the internet at:
                                                              name(s) of the pesticide(s) applied, on     services to be provided. If the contractor is
www.dec.state.ny.us/website/regs/part325.html#
                                                              the warning signs around your property.     applying pesticides, the law requires that you
325.40
                                                                                                          have a contract that includes some specific
                                                       Before signing the contract, request and review    information. This brochure explains some legal
The NYSDEC commercial lawn application
policy is available on the internet at:                the complete labels of all pesticides to be        requirements for lawn care services that include
www.dec.state.ny.us/website/dshm/pesticid/policy       applied.                                           the application of pesticides and highlights
.html                                                                                                     some issues to which you may want to pay
                                                                                                          special attention.

								
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