CHAPTER 2.5.Bed Bug Infestations                  1954.1.    The Legislature finds and declares:    
      (a)Controlling bed bugs is uniquely challenging, as bed      bug resistance to existing insecticidal control measures is      significant. Cooperation among landlords, tenants, and pest      control operators is required for successful control.    
      (b)Tenants, property owners, and pest control operators      have distinct rights and responsibilities regarding bed bug      infestations.    
      (c)Effective control is more likely to occur when      landlords and tenants are informed of the best practices for      bed bug control.    
      (d)Early detection and reporting of bed bugs is an      important component required for preventing bed bug      infestations. Tenants should not face retaliation for      reporting a problem.    
      (e)Lack of cooperation by landlords and tenants can      undermine pest control operator efforts to identify the      presence of bed bugs and control an infestation. Depending on      the treatment strategy, it is often critical that tenants      cooperate with pest control operators by reducing clutter,      washing clothes, or performing other activities. Likewise,      inadequate or untimely response or planning by landlords may      exacerbate an infestation.    
      (f)Specific, enforceable duties of tenants and      landlords are necessary so that the failure of a tenant or      landlord to cooperate fully does not prevent effective      investigation, treatment, and monitoring of all infested and      surrounding units.    
      (a)Bed bug management plan means a written plan      prepared by a pest control operator for a property. The plan      will outline the responsibilities of the landlord      and tenants and shall be consistent with      NPMA best practices and tailored to the conditions at the      property. The plan shall include, but is not limited to, the      following:    
      (1)Education of tenants to reduce the risk of      introduction of bed bugs to the property and to encourage      reporting. Education methods and frequency shall be based on      resources of the landlord.    
      (2)Housekeeping and building maintenance procedures to      help prevent bed bug harborage, including recommendations      from a pest control operator about correcting bed bug hiding      places and entry points, for example by sealing cracks and      crevices in walls, ceilings, and floors, and fixing loose      moldings and peeling wallpaper.    
      (3)The landlords process for responding to complaints      and a brief statement of the requirements of this chapter.    
      (4)Written documentation of any bed bug treatment      program.    
      (5)Use of monitoring devices on a proactive basis,      routine monitoring inspections by trained employees or      licensed pest control operators, if appropriate, as      determined by the pest control operator and based upon the      resources of the landlord.    
      (6)A complaint log that documents compliance with this      chapter.    
      (b)Bed bug treatment program means a program, based      on NPMA best practices, for treating an infestation to remove      or kill visible and accessible bed bugs and their eggs,      either immediately or through residual effects. The program      shall be structured to continue until the infestation is      controlled.    
      (c)Complaint log means part of a bed bug management      plan that tracks a landlords ongoing responses to each bed      bug report over the preceding two years.      The complaint log shall include, but is not limited to,      records pertaining to verification      inspection and inspection      inspections and inspections of adjacent      units, results of inspections, records of notices provided to      tenants, unit preparation inspections, treatment type,      locations and dates, and followup inspections.    
      (d)Inspection means an investigation of the premises,      using NPMA best practices to confirm or rule out a bed bug      infestation, to identify all infested areas to determine      treatment tactics, or to verify that an infestation has been      eliminated.    
      (e)NPMA best practices means best management      practices for bed bugs issued by the National Pest Management      Association in effect on January 1,      2015. 2016. NPMA best      practices does not include practices or actions that      conflict with federal or state law.    
      (f)Pest control operator means an individual with a      Branch 2 license from the Structural Pest Control Board.    
      (g)Pretreatment checklist means unit preparation      requirements tailored to the treatment method, consistent      with NPMA best practices, including, but not limited to,      easy-to-understand instructions, pictures, and diagrams,      prepared by the pest control operator and provided to tenants      by the landlord or pest control operator. The checklist shall      include instructions for how to treat tenant clothing,      personal furnishings, and other belongings, if treatment is      required, and shall provide contact information for the pest      control operator to answer questions prior to treatment.    
      (a)General information about bed bug identification,      behavior and biology, the importance of cooperation for      prevention and treatment, and the importance of and for      prompt written reporting of suspected infestations to the      landlord. The information shall be in substantially the      following form:    
      Information about Bed Bugs    
      Bed bug Appearance: Adult bed bugs have flat bodies about      1/4 of an inch in length.      They are copper colored and have six legs. Young bed bugs are      nearly colorless and are very small, about      1/16 of an inch in length.      Bed bugs do not fly. They either crawl or are carried from      place to place. When a bed bug feeds, its body swells and      becomes bright red, making it appear to be a different      insect. Bed bugs can be hard to find and identify because      they are tiny and try to stay hidden.    
      Life Cycle and Reproduction: The typical lifespan of a bed      bug is 10 months. They can survive for months without      feeding. Female bed bugs lay one to five eggs per day. Bed      bugs grow to full adulthood in about 21 days.    
      Bed bug Bites: Because bed bugs usually feed at night when      people are sleeping, most people do not realize they were      bitten. Bed bugs do not transmit disease but      are a nuisance. A persons reaction to insect      bites is an immune response and so varies from person to      person. Sometimes the red welts caused by the bites will not      be apparent until many days after a person was bitten.    
      Common signs of bed bugs and symptoms of a possible      infestation:    
       Small red to reddish brown fecal spots on mattresses,      upholstery, or walls.    
       Molted bed bug skins, white, sticky eggs, or empty      eggshells.    
       Very heavily infested areas may have a characteristically      sweet odor.    
       Red, itchy bite marks, especially on the legs, arms, and      other body parts exposed while sleeping.    
      More information: See the      websites web      sites of the United States Environmental      Protection Agency, California Department of Public      Health, California State Structural Pest Control      Board, and the National Pest Management Association.    
      (b)The procedure to report suspected infestations to      the landlord.    
      (c)Whether If      applicable, a statement that the property has a      bed bug management plan.    
      (d)A copy of this      chapter.    
      (b)Within five business days after a tenant or a public      agency notifies a landlord of an infestation      or a suspected      infestation, the landlord shall retain the services of a pest      control operator to verify the tenants      complaint suspected      infestation and to conduct an inspection, if      determined to be necessary by the pest control operator.    
      (c)Entry to inspect a tenants dwelling unit shall      comply with Section 1954. Entry to inspect any unit selected      by the pest control operator and to conduct followup      inspections of surrounding units until bed bugs have been      eliminated is a necessary service for the purpose of Section      1954. Tenants shall cooperate with the inspection to      facilitate the detection and treatment of      bed bugs, including providing requested information      that is necessary to facilitate the      detection and treatment of bed bugs to      the pest control operator.    
      (d)If a pest control operators inspection confirms      that a bed bug infestation exists:    
      (1)The landlord shall notify all tenants of units      identified for treatment by the pest control operator of the      findings of infestation. The notification shall be in writing      and made within 48 hours      two business days of receipt of the pest      control operators findings. For confirmed infestations in      common areas, all tenants shall be provided notice of the      pest control operators findings.    
      (2)If further inspections of the affected units or      surrounding units are necessary as determined by the pest      control operator, based on the NPMA best practices,      subsequent notices shall include information about future      inspections, unless that information was disclosed      in a prior notice. Each      subsequent entry shall require      a separate notice conforming to      Section 1954.    
      (b)At least seven calendar days prior to treatment, the      landlord shall provide to the      affected tenants with the following:    
      (1)A cover sheet from the landlord, in at least      10-point type, disclosing:    
      (A)The date or dates of treatment, the deadline for      tenant preparation of the unit, and the date,      approximate hour, and length of time, if      any, the tenant shall be required to be      absent from the unit.    
      (B)A statement that the tenant may request assistance      or an extension of time to prepare the unit, to the extent      required by law, to reasonably accommodate a disability.    
      (C)A statement that a tenant not entitled to a      reasonable accommodation under law may also request an      extension of time to prepare the unit.    
      (2)A pretreatment checklist with information provided      by the pest control operator, which shall be in accordance      with NPMA best practices.    
      (c)The tenant shall fulfill his or her responsibilities      for unit preparation before the scheduled treatment, as      described in the pest control operators pretreatment      checklist. Tenants shall be responsible for the management of      their belongings, including, but not limited to, clothing and      personal furnishings.    
      (d)Tenants who are not able to fulfill their unit      preparation responsibilities shall promptly notify the      landlord. For a tenant not entitled to a reasonable      accommodation under law who requests an extension of time to      prepare the unit, the landlord shall extend the preparation      time by three business days.    
      (e)If an extension of time is provided in order to      reasonably accommodate a tenant required under law to receive      a reasonable accommodation, or for other tenants as provided      in subdivision (d), the landlord shall provide all affected      tenants with a notice of the revised dates and      times specified in subparagraph (A) of paragraph      (1) of subdivision (a)      (b), as necessary.    
      (f)A tenant shall cooperate in vacating his or her unit      as notified for treatment purposes and shall not reenter the      unit until directed by the pest control operator to do so.    
      (g)Inspection of unit preparation and bed bug treatment      and posttreatment inspection and monitoring of all affected      and surrounding units as recommended by the pest control      operator are a necessary service for the purpose of Section      1954. In addition to the cover sheet and any revisions under      subdivision (e), the landlord shall provide      separate written notice of      entry pursuant to Section 1954 to affected      tenants for all treatments      and inspections.    
      (a)Of a size as to readily contain the disposed      material.    
      (b)Labeled as being infested with bed bugs.    
      (c)Furnished as needed to the tenant by the      property owner      landowner or pest control operator.    
      (b)The comprehensive ordinances and regulations of the      City and County of San Francisco regarding the treatment and      control of bed bug infestations are deemed to satisfy this      chapter and are not preempted.    
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Bill Text - AB-551 Rental property: bed bugs. - California