PEST CONTROL
Listen
up.
Here’s
the latest requirement to plague rental property providers, and
to keep ACTION’s phone ringing overtime. Senate Bill 2143
(Debra Bowen): New requirements regarding PEST CONTROL. No, no,
not the humanoid kind. Au contraire. This has to do with notifying
tenants when spraying pesticides for those unmentionable creepy,
crawling, flying, wood chawing, do-do dropping, thoroughly repulsive
small, medium and large critters who are illegal residents in
your immaculately maintained units. Illegal residents who insist
on tenure even after the usual application of Raid, Flit, Creosote,
boric acid, baking soda or even relocation to a Roach Motel.
Hey, notifying
tenants when using pesticides has been on the books since 1994.
But the notification requirements changed as of January 2001,
no thanks to Senator Bowen and the Guv.
 Here’s
what you need to do:
If you as owner or your agent has a contract with a pest control
service, you or your agent must provide each new tenant with a
copy of the notice that was provided from the pest control company.
The
pest control company must provide the owner or agent, and tenants
with written notice that spells out:
1.
The pest to be controlled or in the case of wood roof cleaning
and treatment the purpose of applying the wood preservative/s
and
2.
The pesticide/s to be used and the active ingredient/s and
3.
Specific language that reads:
"State
law requires that you be given the following information: CAUTION—PESTICIDES
ARE TOXIC CHEMICALS. Structural
Pest Control Companies are registered and approved by the a
Pest Control Board and apply pesticides which are registered
and approved for use by the California Department of Pesticide
Regulation and the U.S. EPA. Registration is granted when the
state finds that based on existing scientific evidence there
are no appreciable risks under 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."
(Now comes
the part that will most likely scare tenants!!!)
"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".
"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)." AND…..
4.
If a contract for periodic pest control has been executed, the
notice must contain information about the frequency with which
the treatment is to be done.
The
notice must be given to owner or agent and tenants by the pest
control company 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 work will be done on a property consisting of five units
or more, the notices must be posted in heavily frequented, highly
visible areas, including, but not limited to, all mailboxes, manager’s
apartments, in all laundry rooms and community rooms.
At
buildings with fewer than five units, all units must be posted.
Any
pest control work done within a unit requires that the tenant
be notified by the pest control company.
If
the owner executes a periodic service agreement with the pest
control company, the company need only provide the required notice
at the time of the initial treatment. If the pesticide to be used
is changed after the initial notice is given, the pest control
company must provide a new notice as outlined above.
Good
Luck! 
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