(a) Except as provided by Sections 1951.212 and 1951.457(c), this chapter does not apply to a person who uses pest control chemicals that are for household use and are available for purchase in retail food stores, such as aerosol bombs and spray cans, if the insecticide is used in accordance with the label directions on the insecticide or with department rules or guidelines or as provided by Section 1951.303 and is:
(1) used by the owner of a building or the owner's employee or agent in an area occupied by the owner in a residential building; or
(2) used in a place that is vacant, unused, and unoccupied.
(b) A person described by Subsection (a) is not considered to be engaged in the business of structural pest control.