BILL NUMBER: SB 2143 CHAPTERED 08/23/00 CHAPTER 234 FILED WITH SECRETARY OF STATE AUGUST 23, 2000 APPROVED BY GOVERNOR AUGUST 22, 2000 PASSED THE ASSEMBLY AUGUST 7, 2000 PASSED THE SENATE MAY 24, 2000 AMENDED IN SENATE APRIL 25, 2000 INTRODUCED BY Senator Bowen FEBRUARY 25, 2000 An act to amend Section 8538 of the Business and Professions Code, and to add Section 1940.8 to the Civil Code, relating to landlords. LEGISLATIVE COUNSEL'S DIGEST SB 2143, Bowen. Landlords: notice of pest control. Existing law requires a registered structural pest control company to provide a specified written warning notice to the owner, owner's agent, and tenant of the premises where pest control work is to be done. Existing law provides that in cases involving a contract for periodic pest control service, the notice is only required to be provided at the time of initial treatment. A violation of these provisions is a crime. This bill would require the landlord of a residential dwelling unit to provide each new tenant that occupies the unit with a copy of the notice provided by a registered structural pest control company pursuant to these provisions if a contract for periodic pest control service has been executed. This bill would also require the notice provided by the structural pest control company to contain information about the frequency of treatment if a contract for periodic pest control has been executed. Because this bill would expand the definition of a crime, it would thereby impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 8538 of the Business and Professions Code is amended to read: 8538. (a) A registered structural pest control company shall provide the owner, or owner's agent, and tenant of the premises for which the work is to be done with clear written notice which contains the following statements and information using words with common and everyday meaning: (1) The pest to be controlled or in the case of wood roof cleaning and treatment registered company applications, the purpose of applying the wood preservative or preservatives. (2) The pesticide or pesticides proposed to be used, and the active ingredient or ingredients. (3) "State law requires that you be given the following information: CAUTION--PESTICIDES ARE TOXIC CHEMICALS. Structural Pest Control Companies are registered and regulated by the Structural Pest Control Board, and apply pesticides which are registered and approved for use by the California Department of Pesticide Regulation and the United States Environmental Protection Agency. Registration is granted when the state finds that based on existing scientific evidence there are no appreciable risks if proper use conditions are followed or that the risks are outweighed by the benefits. The degree of risk depends upon the degree of exposure, so exposure should be minimized." "If within 24 hours following application you experience symptoms similar to common seasonal illness comparable to the flu, contact your physician or poison control center (telephone number) and your pest control company immediately." (This statement shall be modified to include any other symptoms of overexposure which are not typical of influenza.) "For further information, contact any of the following: Your Pest Control Company (telephone number); for Health Questions--the County Health Department (telephone number); for Application Information--the County Agricultural Commissioner (telephone number) and for Regulatory Information--the Structural Pest Control Board (telephone number and address)." (4) If a contract for periodic pest control has been executed, the frequency with which the treatment is to be done. (b) In the case of Branch 1 applications, the notice, as prescribed by subdivision (a), shall be provided at least 48 hours prior to application unless fumigation follows inspection by less than 48 hours. In the case of Branch 2, Branch 3, or wood roof cleaning and treatment registered company applications, the notice, as prescribed by subdivision (a) shall be provided no later than prior to application. In either case, the notice shall be given to the owner, or owner's agent, and tenant, if there is a tenant, in at least one of the following ways: (1) First-class mail. (2) Posting in a conspicuous place on the real property. (3) Personal delivery. If the building is commercial or industrial, a notice shall be posted in a conspicuous place, unless the owner or owner's agent objects, in addition to any other notification required by this section. The notice shall only be required to be provided at the time of the initial treatment if a contract for periodic service has been executed. If the pesticide to be used is changed, another notice shall be required to be provided in the manner previously set forth herein. (c) Any person or licensee who, or registered company which, violates any provision of this section is guilty of a misdemeanor and is punishable as set forth in Section 8553. SEC. 2. Section 1940.8 is added to the Civil Code, to read: 1940.8. A landlord of a residential dwelling unit shall provide each new tenant that occupies the unit with a copy of the notice provided by a registered structural pest control company pursuant to Section 8538 of the Business and Professions Code, if a contract for periodic pest control service has been executed. SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.