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State Bedbug Laws

State Bedbug Laws

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bedbug picture source: http://publichealth.columbus.govUpdated April 2014

A resurgence in the incidence of bedbug infestations across the nation has led to an increased focus in state legislatures on this pest. Bedbugs, which can take up home in clothes, beds, couches and other upholstered items, are not known to carry disease. They can, however, cause rashes and allergic reactions.

Many state legislatures have laws on the books addressing bedbugs that date back to the early 20th century. Since the recent rise in bedbug infestations, other states have passed laws to address this pest.

To date, 22 states and one territory have laws addressing bedbugs. These address bedbug infestations in rental properties (Arizona, California, Florida, Nebraska and New Hampshire); hotels (Alabama, California, Kansas, Minnesota, Nevada, Ohio, South Dakota and West Virginia); institutional facilities (Michigan, Minnesota, Nebraska and Wisconsin); schools (New York and Utah); railcars (Illinois); and migrant labor camps (Iowa, Nevada and Pennsylvania). Arizona, Kansas and Texas list bedbugs as public health nuisances. Rhode Island requires commercial pesticide applicators who use restricted pesticides to kill bedbugs to carry proper certification. The U.S. Virgin Islands classify bedbugs as vermin.

For current state legislation addressing bedbugs, search NCSL’s Environmental Health Legislation Database.

Alabama | Arizona | California | Florida | Illinois | Iowa | Kansas | Maine | Michigan | Minnesota | Nebraska | Nevada | New Hampshire | New York | Ohio | Oregon | Pennsylvania | Rhode Island | South Dakota | Texas | West Virginia | Wisconsin | U.S. Virgin Island

State

Statute Citation

Summary

Alabama

Ala. Admin. Code § 420-3-11-.12 Construction,  Maintenance, and Operation of Hotels -Insect and Rodent Control.

Sets effective measures intended to minimize the presence of rodents, flies,  cockroaches, bedbugs and other insects on the premises.  The premises shall be kept in such condition as to prevent the harborage or feeding of insects or rodents.

Arizona

A.R.S. § 36-601 – Public Nuisances Dangerous to Public Health.

Lists the presence of bedbugs in any public sleeping accommodations a public nuisance dangerous to the public health.

 

A.R.S. § 9-500.31 Prohibition on adopting landlord tenant bedbug control requirements.

Prohibits cities and towns from regulating landlord-tenant bedbug controls. Cities and towns may regulate the disposal of items infested with bedbugs.

 

A.R.S. § 11-269.11 Prohibition on adopting landlord tenant bedbug control requirements.

Boards of Supervisors may not regulate landlord tenant bedbug controls, however Boards may regulate the disposal of items infested with bedbugs.

 

A.R.S. § 33-1319 Bedbug control; landlord and tenant obligations; definitions.

A landlord may not knowingly rent a unit to a tenant that has a bedbug infestation. Tenants may not knowingly bring materials that have been infested with bedbugs into a rental unit. Landlords must provide tenants with educational materials related to bedbugs.

California

25 CCR § 40 Bedding. State Housing and Community Development- Bedding

Beds in apartments and hotels that supply beds and bedding to renters must ensure that all bedding is clean and free of bedbugs. Linens must be changed before a new occupier occupies the unit. Hotel bedding must be changed before each new guest arrives.

Florida

West's F.S.A. § 83.51. Landlord’s Obligation to Maintain Premises.

Requires landlords make reasonable provisions for the extermination of bedbugs in rental property.

Illinois

610 ILCS 85/1 to 85/4. Railroad Sanitation Act.

Requires railcars that will be occupied by the public be free from bedbugs. Requires regular cleaning and inspection of railcars. Provides for penalties. 

Iowa

I.C.A. § 138.13. Migrant Labor Camps- Conditions for Permit.

Requires that migrant labor camps establish bedbug control measures in order to be permitted.

Kansas

K.A.R. 4-27—2. Lodging Establishments-Definitions.

Classifies bedbugs as an imminent health hazard.

 

K.A.R. 4-27-5. Lodging Establishments-Imminent health hazard.

Requires licensees of lodging establishments to cease operations of areas affected by an imminent health hazard and to notify authorities of its presence within 12 hours of discovery.

  K.A.R. 4-27-9. . Lodging Establishments-Guest rooms. Licensees may not rent guest rooms which have been infested by bedbugs. The licensee must report the infestation to the authorities within one business day of discovery.

Maine

14 M.R.S.A. § 6021-A Rental Property- Treatment of Bedbug Infestation.

Establishes landlord and tenant duties in the event of a bedbug infestation in rental property. Provides for remedies.

Michigan

Mich. Admin. Code R. 400.57 Family Services Administration- Inspection and Licensing- County Infirmaries. Care of residents.

Requires county infirmaries to implement procedures to prevent bedbug infestations and to take proper steps to eradicate existing infestations.

Minnesota

Minnesota Rules 4625.1700. Lodging Establishments.  INSECT AND RODENT CONTROL

Requires hotels, motels, lodging houses, and other like facilities to be constructed and equipped to prevent bedbug infestations. Allows such facilities to use licensed exterminators in certain circumstances.

 

Minnesota Rules 4665.2300. Supervised Living Facilities.  INSECT AND RODENT CONTROL

Requires supervised living facilities to be constructed and equipped to prevent bedbug infestations. Allows exterminators to be used when necessary to eradicate pests.

Nebraska

Neb. Admin. R. & Regs. Tit. 175, Ch. 2, § 004.12 Regulations and Standards Governing Boarding Homes. SANITATION

Requires boarding homes to be constructed and equipped to prevent bedbug and pest infestations. Allows exterminators to be used to eradicate pests when necessary.

 

Neb. Admin. R. & Regs. Tit. 175, Ch. 3, § 004. Health Care Facilities and Services. HEALTH AND SAFETY REQUIREMENTS – GENERAL

Requires health care facilities to be constructed and equipped to prevent bedbug and pest infestations. Allows exterminators to be used to eradicate pests when necessary.

Nevada

N.R.S. 447.030. Public Accommodations -Extermination of Vermin.

Requires that any room in any hotel which is infested with vermin or bedbugs or similar things be thoroughly fumigated, disinfected and renovated until such vermin or bedbugs or other similar things are entirely exterminated.

 

NAC Chapter 444.552. Sanitation Labor Camps- General.

Requires proper measures to be taken to prevent bedbug and pest infestation in a camp.

New Hampshire N.H. Rev. Stat. § 48-A:11. Housing Standards-  Minimum Standards; Barring the Use or Occupancy; Violations and Punishment. Allows municipalities to enact provisions in their housing codes directed at the unique problems posed by infestations of bedbugs.
  N.H. Rev. Stat. § 48-A:14. Housing Standards- Minimum Standards Established. States that no landlord shall maintain premises in a condition in which the premises are infested by bedbugs and the landlord is not conducting periodic inspections and a remediation program.
  N.H. Rev. Stat. § 540:2. Actions Against Tenants-Termination of Tenancy. Declares that the lessor or owner of restricted property may terminate any tenancy by giving the tenant a notice in writing to quit the premises upon failure by the tenant to prepare the unit for remediation of an infestation, including bedbugs, 
  N.H. Rev. Stat. § 540:13-e.  Infestation of Bed Bugs: Liability for Costs of Remediation. States that landlords shall bear the reasonable costs of remediation of a bedbug infestation but may recover those costs if the tenant is responsible for the infestation.
  N.H. Rev. Stat. § 540-A:3 Certain Specific Acts Prohibited. Declares that no landlord shall willfully fail to investigate a tenant's report of an infestation, including bedbugs. No tenant shall willfully refuse the landlord access to the premises to  evaluate whether bedbugs are present after the landlord has received notice that bed bugs are present.

New York

McKinney's Education Law § 920. Public Schools; Infestation of Bedbugs.

Requires principals of public schools to provide parents with information about any bedbug infestations, including information on how to prevent the spread of the infestation. Requires the school infestation be addressed in the most effective and safe manner.

Ohio

R.C. § 3731.13. Hotels and Single Room Occupancy Facilities- bedding, floors, and carpets must be kept sanitary.

Prohibits bedding which is infested with vermin or bedbugs from being used on any bed in any hotel.

Oregon

OR ADC § 333-030-0070 Organizational Camp Rules- Insect and Rodent Control.

Sets measures to keep camp grounds, buildings and structures used or intended for human habitation clean and maintained to prevent harborage and infestation of insects, rodents and vermin.

 

2013 Or. Laws, Chap. #19 § 1 Bedbugs;  confidentiality of pest control reports.

Requires that specific information reported by pest control operators to a public  health authority must be maintained confidentially.

Pennsylvania

7 Pa. Code § 82.15 Seasonal Farm Labor Camps General Provisions. Insect and rodent control.

Seasonal Farm Labor must have effective measures in place to prevent and eliminate infestations of bedbugs and pests.

Rhode Island

R.I. Admin. Code 25-3-24:7 Rules and Regulations Relating to Pesticides. CATEGORIES FOR COMMERCIAL APPLICATORS

Commercial pesticide applicators who use restricted pesticides to eliminate bedbugs and a variety of other pests must be certified.
South Dakota

Administrative Rules of South Dakota 44:02:08:05. Lodging and Food Service; Vacation Homes - Vermin control.

Vacation homes must be constructed, equipped, and maintained to prevent infestations of bedbugs and other pests. The facility may be required to hire a professional exterminator to eradicate pests under certain circumstances.

Texas

V.T.C.A., Health & Safety Code § 341.011. Nuisances and General Sanitation.

Lists the presence of bedbugs in any public sleeping accommodations a public health nuisance.

West Virginia

W. Va. Code, § 16-6-16. Hotels and Restaurants – Bedbugs.

Requires that in every hotel, any room infected with vermin or bedbugs shall be fumigated, disinfected and renovated until said vermin or bedbugs are extirpated.

Wisconsin

Wis. Adm. Code s DHS 190.08 Institution Sanitation DHS- Physical environment.

Requires institutions to take all necessary measures to eradicate bedbug and pest infestations. Requires institutions to take measures to prevent the poisoning of people and animals.

U.S. Virgin Islands 19 V.I. R. & Regs. § 1571-1. Regulations for Elimination of Pests and Vermin – Definitions. Defines bedbugs as vermin.

 

 





























































































































Source: National Conference of State Legislatures, 2014

 

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