Bedbug Laws By State

March 11th, 2013 AnthonyBall 3 comments

Bedbug Laws By State

bedbug (Cimex sp.) (Photo credit: Wikipedia)

With the serious increase of bedbug infestations over the past decade, many victims of such infestations are wondering what the bedbug laws are in their state. Currently, twenty-two states have bedbug laws in the books. Several other states have bedbug legislation, or yet to be passed bedbug laws. Here is a compiled list:

*** Disclaimer*** The information provided in this article is for informational purposes only, and not for the purpose of providing legal advice. These are the bedbug laws as of March 11, 2013, and can change. If you feel that you have been a bedbug victim; whether landlord, tenant, or otherwise, please contact a licensed attorney who specializes in bedbug cases.

Alabama

Law	Definition
Alabama Administrative Code 420-3-11-.12 Insect And Rodent Control: Section 2	Guest rooms and other areas of a hotel found to be infested with bed bugs shall be subject to immediate closure until effective treatment, eliminating pests, has been administered. A State health official shall declare the problem abated before the room or area is reopened to guests.

Arizona

Law	Definition
Arizona Revised Code 36-601 – Public Nuisances Dangerous to Public Health.	Any place that offers sleeping accommodations, and has bedbugs, is a public nuisance and dangerous to human health.
Arizona Revised Code 9-500.31 Prohibition on adopting landlord tenant bedbug control requirements.	Arizona cities/town cannot regulate landlord-tenant bedbug controls. They can regulate disposal of bedbug infested materials.
Arizona Revised Code 11-269.11 Prohibition on adopting landlord tenant bedbug control requirements.	Boards of Supervisors cannot regulate landlord-tenant bedbug controls. They can regulate disposal of bedbug infested materials.
Arizona Revised Code 33-1319 Bedbug control; landlord and tenant obligations; definitions.	A landlord cannot knowingly rent a bedbug infested property to a tenant, and must provide tenants with bedbug literature.

California

Law	Definition
California Code Of Regulations 40- Bedding	Hotels, apartments, and linen supply companies must ensure all materials are bedbug free.

Source: https://law.resource.org/pub/us/ccr/gov.ca.oal.title25.html

Connecticut

Law

Definition

Sec. 22a-46. Short title: Connecticut Pesticide Control Act

In Connecticut, the Department of Energy and Environmental Protection (DEEP) classifies each registered pesticide as either acceptable for general use or restricted use. Restricted use pesticides are recognized in the industry to generally cause unreasonable adverse effects on the environment. Restricted use pesticides may be applied only by a certified applicator or under the direct supervision of a certified applicator.

Florida

Law

Definition

Florida Revised Code/Title VI/Civil Practice and Procedure/Chapter 83-

Landlord and Tenant

The extermination bedbugs. When vacation of the premises is required for such extermination, the landlord shall not be liable for damages but shall abate the rent. The tenant shall be required to temporarily vacate the premises for a period of time not to exceed 4 days, on 7 days’ written notice, if necessary, for extermination.

Illinois

The State of Illinois and the City of Chicago is in the process of drafting bedbug laws. The city of Chicago was recently labeled the #1 infested bedbug city in the U.S. The new laws are expected to be voted on March 13, 2013.

Illinois Proposed Bedbug Laws

The presence of bedbugs is a public nuisance.

Bedbugs require pest control management done by a pest control professional.

Bedbug infestations require records to be kept on infestations and actions taken.

City and State employees will be granted access to the above mentioned reports.

Requires each condo and co-op to develop a plan for detection, inspection and eradication of bed bugs.

Regulates disposal of contaminated materials and sale of used mattresses and beds.

A sample plan for detection, inspection, and eradication of bedbugs will be posted on the State’s Department of Public Health website.

Laws will spell out both landlord and tenant responsibilities when it comes to bedbugs.

The Commissioner of Public Health has the power to enforce these laws.

Iowa

Law	Definition
Iowa Administrative Rule 138.13 Conditions For Migrant Labor Camps Permits	A migrant labor camp must have bedbug controls in place; and take effective pest control measures against any bedbug infestations.

Kansas

Law	Definition
Kansas Administrative Regulations Article 36 /28-36-77.—Food Service Establishments, Vending machines, and Lodging	The presence of bed bugs, which is indicated by observation of a living or dead bed bug, bed bug carapace, eggs or egg casings, or the typical brownish or blood spotting on linens, mattresses, or furniture, shall be considered an infestation. The presence of bed bugs shall be reported to the regulatory authority within one business day upon discovery or upon receipt of a guest complaint. All infestations must be treated by licensed pest control operator.
Kansas Administrative Regulations Article 4-27-9 Bedbugs Imminent Health Hazard	Bedbugs are considered a health hazard, which must be reported to authorities within 12 hours of detection.

Maine

Law

Definition

Maine Revised Statutes-Title 14: 6021-A. Treatment of Bedbug Infestation

Landlord must: Inspect the unit for bed bugs within five days of being notified by tenant of infestation, contact pest control agent within 10 days of determining there is an infestation, take reasonable measures to effectively identify and treat bed bug infestation as determined by pest control agent. The pest control agent must carry current liability insurance. Before renting a dwelling unit, a landlord must disclose to a prospective tenant if an adjacent unit is currently infested with or being treated for bed bugs; including the last time the property was inspected and labeled bedbug free. Landlord may not offer for rent a dwelling unit the landlord knows or suspects is infested with bed bugs.Tenants must: Promptly notify a landlord when they know of or suspects an infestation of bedbugs in their unit, and then grant the landlord and pest control agent access to the unit. Tenant must comply with reasonable measures to
eliminate and control a bed bug infestation
as set forth by the landlord and pest control
agent or risk being financially responsible
for all pest control treatments of dwelling
unit arising from the tenant’s failure to
comply.Law also provides bedbug remedies.

Michigan

Law	Definition
Michigan Administrative Code 400.57 Care Of Residents	Requires county infirmaries to implement procedures to prevent bedbug infestations and to take proper steps to eradicate existing infestations.

Source: http://www.ncsl.org/issues-research/env-res/state-bedbug-laws.aspx

Minnesota

Law	Definition
Minnesota Administrative Code 4625.1700 INSECT AND RODENT CONTROL	Every hotel, motel, lodging house, and resort shall be so constructed and equipped as to prevent the entrance, harborage, or breeding of bedbugs, and specific means necessary, for the elimination of such pests such as cleaning, renovation, or fumigation shall be used. The commissioner may order the facility to hire an exterminator licensed by the state to exterminate pests when:A. The infestation is so extensive that it is unlikely that a nonprofessional can eradicate the pests effectively; orB. The extermination method of choice can only be carried out by a licensed exterminatorC. Upon re-inspection, it is found that an establishment has not been brought into compliance with a prior order to rid the establishment of pests.
Minnesota Administrative Code 4665.2300 INSECT AND RODENT CONTROL	Every supervised living facility shall be so constructed or equipped as to prevent the entrance, harborage, or breeding of bedbugs. Cleaning, renovation, or fumigation by licensed pest control operators for the elimination of such pests shall be used when necessary.

Nebraska

Law	Definition
Nebraska Administration of Rules & Regulations Title 175, Ch. 2, 004 SANITATION	Boarding homes must be built to prevent the infestation of bedbugs, and pest control operators can be used to treat infestations.
Nebraska Administration of Rules & Regulations Title 175, Ch. 3, 004 HEALTH AND SAFETY REQUIREMENTS – GENERAL	Health care facilities must be built to prevent the infestation of bedbugs, and pest control operators can be used to treat infestations.

Nevada

Law	Definition
Nevada Revised Code 447.030 Extermination	Any room in any hotel in Nevada that is infested with bedbugs shall be thoroughly fumigated, disinfected and renovated until such bedbugs are entirely exterminated.
Nevada Revised Code 444 Sanitation	In a camp, proper bedbug prevention measures must be taken.

New York

Law

Definition

Revised Statute New York City

Administrative Code 27-2018.1 Notice of Bedbug Infestation History

A property’s bedbug infestation history for the previous year, regarding the premises rented by the tenant, and the building in which the premises are located, shall be furnished to each tenant.

New York Education Code/Article 19 MEDICAL AND HEALTH SERVICE 920. Public Schools

Public schools; infestation of bedbugs1. In a city school district having a population of one million or more inhabitants, the principal of each public school shall provide immediate notification to parents, persons in parental relation or guardians of potentially affected students attending the school, disclosing a findingrelating to the infestation of bedbugs in such school; provided, however, that if pursuant to regulations of the commissioner it is determined that any infestation is contained within a discrete area, the principal may limit such notification to parents, persons in parental relationship or guardians of all potentially affected students within such area, and shall advise the parents’ association of the scope of such notification.2. Along with the notification required pursuant to subdivision one of this section, the principal of such public school shall also include information regarding proper procedures to prevent further infestationsat the school and to prevent the transfer of bedbugs. Such information shall be developed by the board of education in consultation with other city agencies and shall be available in various languages as deemed necessary.3. The principal shall ensure that the bedbug infestation at the school is properly addressed in the most effective and safe manner.

Ohio

Law	Definition
Ohio Revised Code 3731.13 Bedding, floors, and carpets must be kept sanitary	Hotel bedding must be kept sanitary and bedbug free.

Pennsylvania

Law	Definition
Pennsylvania Code 82.15 Insect Control	Measures must be taken and in place to eliminate and prevent bedbug infestations at farm labor camps.

Rhode Island

Law	Definition
Rhode Island Administrative Code 25-3-24:7 Rules & Regulations Relating To Pesticides	Certain restricted bedbug pesticides must be certified for commercial use.

South Dakota

Law	Definition
South Dakota Administrative Code/44:02:08-Vacation Homes	A vacation home establishment must be constructed, equipped, and maintained to prevent the entrance, harborage, or breeding of bed bugs. Specific means necessary for the elimination of such pests, such as cleaning, renovation, or fumigation, must be used. The department may require the facility to hire a professional exterminator to exterminate pests.

Texas

Law	Definition
Texas Revised Code Sec. 341.011. NUISANCE	Bedbugs are a public health nuisance.
Texas Revised Code Sec. 341.012. ABATEMENT OF NUISANCE	(a) A person shall abate a public health nuisance existing in or on a place the person possesses as soon as the person knows that the nuisance exists.(b) A local health authority who receives information and proof that a public health nuisance exists in the local health authority’s jurisdiction shall issue a written notice ordering the abatement of the nuisance to any person responsible for the nuisance. The local health authority shall at the same time send a copy of the notice to the local municipal, county, or district attorney.(c) The notice must specify the nature of the public health nuisance and designate a reasonable time within which the nuisance must be abated.(d) If the public health nuisance is not abated within the time specified by the notice, the local health authority shall notify the prosecuting attorney who received the copy of the original notice. The prosecuting attorney: (1) shall immediately institute proceedings to abate the public health nuisance; or (2) request the attorney general to institute the proceedings or provide assistance in the prosecution of the proceedings, including participation as an assistant prosecutor when appointed by the prosecuting attorney.

Utah

Law

Definition

Utah Administrative Code Rule R392-200. Design, Construction, Operation, Sanitation, and Safety of Schools.

Effective measures intended to minimize the presence of bedbugs on the premises shall be utilized. The premises shall be maintained so that propagation, harborage, or feeding of is prevented.

West Virginia

Law	Definition
West Virginia Revised Code 16-6-16 Bedbugs	In every hotel, any room infected with vermin or bedbugs shall be fumigated, disinfected and renovated until said vermin or bedbugs are extirpated.

Wisconsin

Law

Definition

Wisconsin Administrative Code Department Health Services 190.08

(5) PEST CONTROL(a) Screens. All windows and doors used for ventilation purposes shall be provided with wire screening of not less than number 16 mesh or its equivalent and shall be properly maintained to prevent entry of insects. Screens for windows shall cover at least one third of the window area. Screen doors shall be self closing.(b) Eradication. All means necessary for the elimination of rodents, flies, roaches, bedbugs, fleas, lice and other householdpests shall be used. Extreme care shall be taken in the use of poison to prevent accidental poisoning of domestic animals and people.(c) Labeling and storage of poisonous compounds. Containers of all poisonous compounds used in the extermination of rodents or insects shall be prominently and distinctly labeled for easy identification of contents. Poisonous compounds shall be stored independently and separately from food and kitchenware.

*** Disclaimer*** The information provided in this article is for informational purposes only, and not for the purpose of providing legal advice. These are the bedbug laws as of March 11, 2013, and can change. If feel that you have been a bedbug victim; whether landlord, tenant, or otherwise, please contact a licensed attorney who specializes in bedbug cases.

Other Sources:

http://www.pestworld.org/media/3309/statebedbuglawsasofaug262011_2_.pdf

http://www.ncsl.org/issues-research/env-res/state-bedbug-laws.aspx

http://www.epa.gov/pesticides/ppdc/bedbug-summit/2011/2-gh-summittalk.pdf

Anthony Ball

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