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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY FARNESE, TARTAGLIONE, RAFFERTY, LEACH, COSTA, HUGHES AND FONTANA, APRIL 4, 2011 |
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| REFERRED TO URBAN AFFAIRS AND HOUSING, APRIL 4, 2011 |
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| AN ACT |
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1 | Relating to bedbug eradication; providing for duty to eradicate, |
2 | for notification, for administration and enforcement by local |
3 | boards or departments of health, for inspections, for duties |
4 | of the Department of Agriculture and for informational |
5 | brochures; and imposing a civil penalty. |
6 | The General Assembly of the Commonwealth of Pennsylvania |
7 | hereby enacts as follows: |
8 | Section 1. Short title. |
9 | This act shall be known and may be cited as the Bedbug |
10 | Eradication Act. |
11 | Section 2. Declaration of policy. |
12 | The General Assembly finds and declares as follows: |
13 | (1) Populations of the common bedbug, Cimex Lectularius, |
14 | have increased by 500% in the past several years. |
15 | (2) A bedbug infestation is a unique and hard-to- |
16 | exterminate threat to the health and habitability of the |
17 | residences of this Commonwealth's citizens and a threat to |
18 | the economic well-being of the temporary accommodation |
19 | industry in this Commonwealth. |
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1 | (3) Bedbugs leave signs of their presence in bedding and |
2 | in the residences and accommodations that are visible to the |
3 | naked eye, making education of affected persons a critical |
4 | aspect of prevention. |
5 | (4) Bedbugs feed on the blood of humans and their pets |
6 | and present a public welfare risk. |
7 | (5) Bedbugs travel through ventilation systems in |
8 | multiunit buildings and hotels, causing the rapid |
9 | distribution and a consequential increase in number of |
10 | bedbugs throughout the structure. |
11 | (6) The owners of multiunit buildings and hotels, with |
12 | the cooperation of tenants and guests, are in the best |
13 | position to coordinate the eradication of bedbug populations |
14 | in the multiunit buildings or hotels. |
15 | (7) Bedbugs are a public nuisance, and it is a matter of |
16 | public welfare to protect the citizens of this Commonwealth |
17 | from this insect. |
18 | (8) Tenants of multiunit buildings should be educated |
19 | and vigilant concerning the prevention and identification of |
20 | bedbug infestation in their homes. |
21 | Section 3. Definitions. |
22 | The following words and phrases when used in this act shall |
23 | have the meanings given to them in this section unless the |
24 | context clearly indicates otherwise: |
25 | "Appropriate enforcement agency." The local health board or |
26 | department of health for the municipality where the hotel or |
27 | multiunit building is located, or the Department of Agriculture |
28 | if no local health board or department of health exists for the |
29 | municipality where the hotel or multiunit building is located. |
30 | "Bedbug." An insect of the family Cimicidae, including the |
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1 | insect species Cimex lectularius, commonly referred to as a |
2 | common bedbug. |
3 | "Commercial applicator." The same meaning given to the term |
4 | in section 4 of the act of March 1, 1974 (P.L.90, No.24), known |
5 | as the Pennsylvania Pesticide Control Act of 1973. |
6 | "Common area." All portions of a hotel or multiunit building |
7 | other than the units. |
8 | "Department." The Department of Agriculture of the |
9 | Commonwealth. |
10 | "Eradication." The process undertaken by a commercial |
11 | applicator through the use of pesticides and any other |
12 | recognized and lawful pest eradication method to eradicate |
13 | bedbugs from a hotel or a multiunit building. |
14 | "Guest." A natural person who, for payment of consideration, |
15 | occupies a unit of a hotel. |
16 | "Hotel." A hotel, motel, inn or resort that holds itself out |
17 | by any means, including advertising or license, as being |
18 | available to provide overnight lodging for consideration to |
19 | persons seeking temporary accommodation, and that consists of |
20 | ten or more units. |
21 | "Local board or department of health." The board of health |
22 | or the department of public health of a city, borough, |
23 | incorporated town or township of the first class, or a county |
24 | department of health or joint county department of health. |
25 | "Multiunit building." A building that consists of three or |
26 | more units that are individually leased as residences. The term |
27 | does not include a building that contains units occupied by a |
28 | proprietary lessee under 68 Pa.C.S. Pt. II Subpt. C (relating to |
29 | cooperatives). |
30 | "Owner." The person who owns or exercises control of any |
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1 | hotel or multiunit building. |
2 | "Pesticide." The same meaning given to the term in section 4 |
3 | of the act of March 1, 1974 (P.L.90, No.24), known as the |
4 | Pennsylvania Pesticide Control Act of 1973. |
5 | "Tenant." A lessee of a multiunit building. |
6 | "Unit." The portion of a hotel or multiunit building that is |
7 | designed for occupation either as a residence or as a temporary |
8 | accommodation. |
9 | Section 4. Duty to eradicate. |
10 | (a) Multiunit buildings.--An owner of a multiunit building |
11 | shall be responsible at the owner's expense for maintaining the |
12 | multiunit building free of the presence of bedbugs. However, if |
13 | the source of three or more bedbug infestations can be |
14 | identified by a professional applicator to originate in one unit |
15 | that has been leased by the same tenant during the time period |
16 | of the previous infestations, the cost of the current |
17 | eradication may be charged to that tenant. |
18 | (b) Hotels.--An owner of a hotel shall be responsible at the |
19 | owner's expense for maintaining the hotel free of the presence |
20 | of bedbugs. |
21 | Section 5. Notification and eradication. |
22 | (a) Tenants and guests.-- |
23 | (1) A tenant who has knowledge of the presence of |
24 | bedbugs in the tenant's unit, or who suspects the presence of |
25 | bedbugs based on the presence of indicators of bedbug |
26 | infestation, shall notify the owner in writing of the |
27 | presence or suspicion of the presence of bedbugs in the unit. |
28 | (2) A guest who has knowledge of the presence of bedbugs |
29 | in the hotel unit, or who suspects the presence of bedbugs |
30 | based on the presence of indicators of bedbug infestation, |
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1 | may notify an owner of a hotel verbally or by written |
2 | notification of the presence or a suspicion of the presence |
3 | of bedbugs in the unit. |
4 | (b) Duty of owner.-- |
5 | (1) An owner of a multiunit building shall, within ten |
6 | days of the date of the receipt of a tenant's written |
7 | notification, or within five days of the date of the |
8 | determination of the presence of bedbugs by a professional |
9 | applicator during a scheduled inspection, at the owner's |
10 | expense: |
11 | (i) Commence the process of eradication in the unit. |
12 | (ii) Arrange for a professional applicator to |
13 | inspect other units and common areas for bedbugs. |
14 | (iii) Provide written notice in accordance with |
15 | section 6(a) to the tenants of those other units where |
16 | bedbugs are located and commence the process of |
17 | eradication in those units. |
18 | (2) An owner of a hotel shall, within ten days of the |
19 | date of receipt of a guest's verbal or written notification, |
20 | or within five days of the date of the determination of the |
21 | presence of bedbugs by a professional applicator during a |
22 | regularly scheduled inspection, at the owner's expense: |
23 | (i) Commence the process of eradication in the unit. |
24 | (ii) Arrange for a professional applicator to |
25 | inspect other units and common areas for bedbugs. |
26 | (iii) Provide notice in accordance with section 6(b) |
27 | to current guests of those other units where bedbugs are |
28 | located and commence the process of eradication in those |
29 | units. |
30 | Section 6. Notice and access. |
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1 | (a) Multiunit buildings.-- |
2 | (1) If access to a unit in a multiunit building is |
3 | required for inspection or eradication, an owner of a |
4 | multiunit building shall provide the tenant with a minimum of |
5 | 48 hours' advance written notice that the owner requires |
6 | access to inspect for or eradicate bedbugs. |
7 | (2) If an owner of a multiunit building complies with |
8 | paragraph (1), a tenant shall grant the owner access to the |
9 | affected unit for purposes of inspection or eradication. |
10 | (b) Hotels.-- |
11 | (1) If access to a unit of a hotel is required for the |
12 | purposes of eradication, the owner of a hotel shall provide |
13 | the guest with 24 hours' written advance notice that the |
14 | owner requires access to eradicate bedbugs. |
15 | (2) For the inspection of units of a hotel, the owner of |
16 | a hotel shall schedule the regular inspection of unoccupied |
17 | units of the hotel in accordance with section 9(a)(2). |
18 | Section 7. Administration. |
19 | The appropriate enforcement agency shall administer this act. |
20 | Section 8. Enforcement by agency. |
21 | (a) Notification of agency.--If an owner does not act to |
22 | eradicate the bedbugs within the period of time specified in |
23 | section 5(b), a tenant or guest may notify in writing the |
24 | appropriate enforcement agency of the failure by the owner to |
25 | comply with this act. |
26 | (b) Agency duties.-- |
27 | (1) Following receipt of the notification in subsection |
28 | (a), the appropriate enforcement agency shall act as an agent |
29 | for the owner to inspect for bedbugs. |
30 | (2) Following a determination of the presence of bedbugs |
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1 | in the property of the owner and the failure of the owner to |
2 | immediately eradicate the bedbugs following notification by |
3 | the appropriate enforcement agency, the appropriate |
4 | enforcement agency shall engage a commercial applicator at a |
5 | usual and customary price in the area to eradicate the |
6 | bedbugs, within ten days following notice to all affected |
7 | tenants as provided in section 6(a). |
8 | (c) Billing.--The commercial applicator shall bill the owner |
9 | of the hotel or multiunit building directly for its services to |
10 | eradicate bedbugs. |
11 | (d) Ordinance.-- |
12 | (1) A municipality that established a local board or |
13 | department of health may adopt an ordinance that provides for |
14 | the payment of the costs for eradicating the bedbugs by the |
15 | commercial applicator engaged under subsection (b) and that |
16 | costs shall be charged against the hotel or multiunit |
17 | building and may be a lien against the premises. |
18 | (2) In the event the owner fails to pay the costs |
19 | imposed under this section, the municipality or local board |
20 | or department of health may serve written notice of the |
21 | owner's failure to pay and shall demand that the deficiency |
22 | be cured within ten days. |
23 | (3) A local board or department of health may recover by |
24 | civil action from the owner the expenses incurred in the |
25 | eradication of bedbugs pursuant to this section. |
26 | (4) Notice and opportunity to be heard shall be required |
27 | to enforce any lien. |
28 | (e) Reimbursement.--An owner shall reimburse the appropriate |
29 | enforcement agency for the actual costs incurred for the |
30 | eradication of bedbugs under this section. |
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1 | Section 9. Regular inspections and certification. |
2 | (a) Inspection.-- |
3 | (1) An owner of a multiunit building shall arrange for |
4 | an inspection of each unit by a professional applicator no |
5 | more than 30 days prior to the date of renewal for an |
6 | existing unit lease and no more than 30 days prior to the |
7 | date when a tenant occupies the unit under a new lease. If an |
8 | inspection determines the presence of bedbugs, the owner |
9 | shall comply with section 5(b)(1) prior to the date of the |
10 | occupation of the unit under the lease renewal or under the |
11 | new lease. |
12 | (2) An owner of a hotel shall arrange for the regular |
13 | inspection of each unit by a professional applicator at a |
14 | frequency of at least three inspections per year. For the |
15 | purpose of inspection of the units of a hotel, the owner of a |
16 | hotel shall schedule the regular inspection of no less than |
17 | one-third of the unoccupied units of the hotel on a rotating |
18 | basis. The owner of a hotel shall assign guests to units of a |
19 | hotel to maximize the efficiency and effectiveness of |
20 | rotating regular inspections of unoccupied units. If an |
21 | inspection determines the presence of bedbugs, the owner |
22 | shall comply with section 5(b)(2) prior to occupancy of the |
23 | unit by any guest. |
24 | (b) Certification.-- |
25 | (1) In addition to the lease for the unit, an owner of a |
26 | multiunit building shall provide a tenant with a |
27 | certification that the unit has been inspected in accordance |
28 | with subsection (a)(1) for the presence of bedbugs. |
29 | (2) An owner of a hotel shall provide each guest with |
30 | certification that the unit has been regularly inspected in |
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1 | accordance with subsection (a)(2) for the presence of |
2 | bedbugs. |
3 | Section 10. End-of-lease inspection and deduction. |
4 | (a) Inspection.--An owner of a multiunit building may |
5 | arrange for the inspection of a unit by a professional |
6 | applicator for the presence of bedbugs following the termination |
7 | of a tenant's lease. |
8 | (b) Deduction from security deposit.--An owner may deduct |
9 | from the security deposit of a tenant who fails to provide |
10 | written notification of the presence or suspicion of the |
11 | presence of bedbugs to the owner under section 5(a)(1) any costs |
12 | for the services of a professional applicator to eradicate the |
13 | bedbugs from the unit following the termination of the tenant's |
14 | lease. |
15 | Section 11. Department duties. |
16 | The department shall have the following duties: |
17 | (1) To develop within 60 days of the effective date of |
18 | this section an informational brochure for the identification |
19 | and prevention of bedbug infestations that contains the |
20 | information listed in section 12. |
21 | (2) To produce and distribute copies of the |
22 | informational brochure to local boards or departments of |
23 | health by electronic means and by access on the department's |
24 | publicly accessible Internet website. |
25 | (3) To develop and conduct an educational program for |
26 | the public including notification to owners of duties |
27 | required under this act. |
28 | (4) To promulgate necessary regulations to administer |
29 | this act. |
30 | Section 12. Informational brochure. |
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1 | An informational brochure shall contain the following |
2 | information: |
3 | (1) Measures for the prevention and control of bedbugs |
4 | in a residential setting, including eradication, cleaning the |
5 | unit and mattresses and laundering bedclothes and clothing, |
6 | and measures applicable to a temporary accommodation setting. |
7 | (2) Specific facts about bedbugs, including the |
8 | appearance and breeding habits of the species Cimex |
9 | lectularius and any other species of insect of the family |
10 | Cimicidae that is common to this Commonwealth. |
11 | (3) A summary of the Commonwealth's guidelines and |
12 | regulations for disinfecting, labeling and reselling |
13 | mattresses and information on where to locate the complete |
14 | guidelines and regulations on the Internet. |
15 | (4) Tenant behaviors that are risk factors for |
16 | attracting and supporting the presence of bedbugs in a |
17 | residential setting and guest behaviors that are risk factors |
18 | in a temporary accommodation setting. |
19 | (5) A statement describing the legal rights and |
20 | responsibilities imposed on owners, tenants and guests under |
21 | this act, including the following: |
22 | (i) The duty of the owner to keep the premises free |
23 | of the presence of bedbugs. |
24 | (ii) The duty of the tenant to notify the owner of |
25 | the presence or suspicion of the presence of bedbugs. |
26 | (iii) The potential liability of the tenant for the |
27 | cost of the services of a professional applicator to |
28 | eradicate bedbugs where: |
29 | (A) The need for repeated prior eradications was |
30 | caused by the tenant's failure to undertake |
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1 | sufficient precautions against bedbug infestation. |
2 | (B) The tenant prevented or interfered with |
3 | access to the unit for the purpose of inspection or |
4 | eradication. |
5 | (6) The following statements, which shall appear in a |
6 | clear and conspicuous manner and shall clearly apply only to |
7 | tenants: |
8 | (i) "If you notice or suspect the presence of |
9 | bedbugs in your unit, you are required by law to promptly |
10 | notify the owner or manager of your unit. You may be |
11 | responsible for the costs of exterminating bedbugs if you |
12 | do not notify your owner or manager." |
13 | (ii) "Upon reasonable notice, you must grant the |
14 | owner of your apartment access to the apartment for |
15 | purposes of an inspection for or the eradication of the |
16 | presence of bedbugs. This inspection may include a visual |
17 | inspection and manual inspection of your personal |
18 | belongings, limited to bedding or furniture. If bedbugs |
19 | are found in the unit, additional access and measures may |
20 | be required. You may be responsible for the cost of the |
21 | current eradication if you fail to properly maintain your |
22 | dwelling by undertaking precautions against bedbug |
23 | infestation and where multiple infestations result." |
24 | (7) Separate statements to notify a tenant that: |
25 | (i) Upon termination of the lease and moving out of |
26 | the unit, the owner may inspect the unit for the presence |
27 | of bedbugs. |
28 | (ii) If the landlord finds the presence of bedbugs |
29 | in the unit and if the tenant did not notify the landlord |
30 | of their presence prior to the termination of the lease, |
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1 | the landlord may deduct the costs of the eradication from |
2 | the tenant's security deposit. |
3 | Section 13. Owner duties. |
4 | (a) Owners of multiunit buildings.--An owner of a multiunit |
5 | building shall provide the following: |
6 | (1) A copy of the informational brochure to each current |
7 | tenant as of the effective date of this section. |
8 | (2) A copy of the informational brochure to each tenant |
9 | at a lease renewal and to each new tenant at the commencement |
10 | of a new lease. |
11 | (b) Hotel owners.--An owner of a hotel shall make available |
12 | to guests at no cost copies of the informational brochure. |
13 | Section 14. Civil penalty. |
14 | (a) Penalty.--Any owner whose failure to act in accordance |
15 | with this act results in an action by an appropriate enforcement |
16 | agency under section 8 shall be liable for a civil penalty of |
17 | not more than $300 for each affected unit and not more than |
18 | $1,000 for each affected common area in the hotel or multiunit |
19 | building. |
20 | (b) Procedure.--The civil penalty under this section shall |
21 | be recovered by civil suit or process in the name of the |
22 | appropriate enforcement agency and shall be utilized for |
23 | administration of this act. If no local board or department of |
24 | health exists, the civil penalty shall be paid to the department |
25 | and shall be utilized for the administration of this act. |
26 | Section 21. Effective date. |
27 | This act shall take effect as follows: |
28 | (1) This section shall take effect immediately. |
29 | (2) Sections 4, 11 and 12 shall take effect immediately. |
30 | (3) The remainder of this act shall take effect in 60 |
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1 | days. |
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