San Francisco County Municipal Code Art. 11A Bed Bug Infestation Prevention, Treatment

DISCLOSURE, AND REPORTING

Sec. 620. Findings. Sec. 621. Bed Bug Infestation Prevention, Treatment, Disclosure, and Reporting. Sec. 622. Enforcement. Sec. 623. Penalties.

Sec. 624. Review and Amendment of the Rules and Regulations for the Prevention and Treatment of Bed Bug Infestations.

SEC. 620. FINDINGS. The Board of Supervisors finds and declares the following: (a) Tenants, property owners and Pest Control Operators ("PCO") have distinct rights and responsibilities regarding bed bug infestations. (b) Effective abatement is more likely to occur when tenants, property owners and PCOs are properly trained with a baseline curriculum. (c) Female bed bugs can produce over 500 eggs in a lifetime and infestations can double in number every 16 days. (d) Bed bug egg mortality is very low, with approximately 97% of the bed bug eggs hatching successfully. (e) Bed bug infestations may go unnoticed for 6 months or more due to their particular life cycle, and the fact that they are dormant for long periods of time after feeding. (f) Bed bugs can live up to 18 months and effective abatement can require multiple treatments. (g) The City and County of San Francisco ("City") identifies bed bug infestations as a public nuisance. (h) A prevalence of bed bug infestations exist in San Francisco residential hotels, posing a significant health hazard and public nuisance. (i) Bed bugs cannot be solely abated by members of the public, and travel through ventilation and electrical systems in multi-unit establishments causing exponential infestations. (j) Bed bug infestations spread more quickly in densely populated areas. (k) Tenants have an interest in the bed bug history of potential rental units, and may make decisions on whether to rent based on that information. (l) All involved parties have interest in certifying that bed bug infestations are effectively abated. (m) The true number of bed bug infestations in the City is unknown to the Department of Public Health and the public, but can be more closely approximated by reports from PCOs. (n) Bed bug infestations negatively impact the mental and emotional health of affected persons. (o) Bed bug infestations require considerable time, effort and money to abate. (p) San Francisco has a high percentage of low-income residents who are financially unable to combat the bed bug problem independently. (q) Increased media attention on bed bug infestations potentially negatively effects tourism. (r) Abatement costs can be expensive, and strict enforcement is required to ensure that all parties fulfill their respective responsibilities. (Added by Ord. 229-12, File No. 120815, App. 11/14/2012, Eff. 12/14/2012) SEC. 621. BED BUG INFESTATION PREVENTION, TREATMENT, DISCLOSURE, AND REPORTING. (a) The Department of Public Health ("DPH") shall create, and distribute, and maintain written information that clearly describes the rights and responsibilities of tenants, property owners, property managers, and licensed Pest Control Operators ("PCOs") regarding bed bug abatement. DPH shall review and, if needed, update this information at least once every three years. (b) The DPH Environmental Health Section ("DPH-EHS") shall, in collaboration with the Department of Building Inspection Housing Inspection Division, after consultation with interested stakeholders and experts in the field, produce a training curriculum on proper bed bug abatement procedures for all property types. DPH-EHS shall complete the first curriculum within six months from the effective date of this ordinance, and shall review and update the curriculum at least once every three years to ensure that the content correctly reflects current best practices in bed bug abatement procedures.

(c) Property owners and managers shall investigate bed bug infestation complaints, and record and abate confirmed bed bug infestations in conformity with any rules adopted by DPH for the prevention and control of bed bug infestation under S.F. Health Code Section 581, or any successor provisions. Tenants shall comply with all rules adopted by DPH for the prevention and control of bed bug infestation under S.F. Health Code Section 581, or any successor provisions. (d) With the exception of tourist hotels, at the request of a prospective tenant, a property owner and/or property manager shall furnish to the tenant written disclosure of the unit's bed bug infestation and abatement history for the previous two years. If there is no history of bed bug infestation, the property owner or manager shall disclose that fact in writing. Such written disclosure must be signed by the property owner and/or manager and tenant prior to the date the property owner and/or manager initially delivers possession of the premises to the tenant. (e) Whenever the DPH Director, or her/his designee, issues a notice of violation to correct a bed bug infestation, DPH shall re-inspect the property after pest control treatment to verify abatement of the bed bug infestation. Re-inspection shall occur within 45 days of the last treatment. (f) DPH-EHS shall, on the first day of each month, collect monthly reports from PCOs that include the number of units, by census tract, PCOs treated for bed bug infestations the previous month. (g) DPH-EHS shall produce reports aggregating data and showing historical trends about all reported, active, and abated bed bug infested units. Such reports shall be available to the public on the DPH-EHS website. (Added by Ord. 229-12, File No. 120815, App. 11/14/2012, Eff. 12/14/2012) SEC. 622. ENFORCEMENT. The Department shall issue a Notice of Violation (NOV) and follow the procedures established by S.F. Health Code Section 596 or 596.5 to a property owner and property manager, and/or tenant, for violations of this Article or any rules adopted by the DPH Director for prevention and control of bed bug infestation. (Added by Ord. 229-12, File No. 120815, App. 11/14/2012, Eff. 12/14/2012) SEC. 623. PENALTIES. Any property owner and/or property manager, or their agents, and/or tenant, who violate the provisions of this Article or any rules adopted by the DPH Director for prevention and control of bed bug infestations, shall be subject to penalties and shall be liable for administrative costs as set forth in S.F. Health Code Article 11. (Added by Ord. 229-12, File No. 120815, App. 11/14/2012, Eff. 12/14/2012) SEC. 624. REVIEW AND AMENDMENT OF THE RULES AND REGULATIONS FOR THE PREVENTION AND TREATMENT OF BED BUG INFESTATIONS. (a) The Health Department shall conduct a biannual public hearing to review the Rules and Regulations for the Prevention and Treatment of Bed Bug Infestations, and adopt amendments as determined to be appropriate under the goals and requirements of this Article. The Health Department may also consider and adopt amendments to the Rules and Regulations for the Prevention and Treatment of Bed Bug Infestations at other publicly noticed meetings, as needed to effectuate the goals and requirements of this Article. (b) Interested parties, including, but not limited to, tenants, property owners and Pest Control Operators, may request that the Health Department amend the Rules and Regulations for the Prevention and Treatment of Bed Bug Infestations. Placement of such requests on a Health Department agenda or notice of hearing shall be at the discretion of the Director of Public Health. (c) A public hearing or meeting noticed under this Section 624 shall be noticed for a minimum of ten (10) days. Notice shall be provided to interested parties, including, but not limited to, tenants, property owners and Pest Control Operators, according to Health Department rules and regulations promulgated for this purpose. (Added by Ord. 229-12, File No. 120815, App. 11/14/2012, Eff. 12/14/2012) ARTICLE 11B:

HEALTHY BUILDINGS

Sec. 625.1. Name of Ordinance. Sec. 625.2. Definitions. Sec. 625.3. Cleaning Standards for Covered Establishments. Sec. 625.4. Employee Protections, Training, and Non-Interference with Protected Employee Rights. Sec. 625.5. Enforcement. Sec. 625.6. Undertaking for the General Welfare. Sec. 625.7. Severability.

This Article 11B shall be known as the “Healthy Buildings Ordinance.” (Added by Ord. 208-20, File No. 200764, App. 10/9/2020, Eff. 11/9/2020)

As used in this Article 11B, the following terms shall have the following meanings: “City” means the City and County of San Francisco. “Contagious Public Health Threat” means any contagious, infectious, or communicable disease that the Department may from time to time determine poses an imminent and proximate threat to public health in the City, and includes SARS-CoV-2, the novel coronavirus that causes COVID-19. “Covered Establishment” means a Tourist Hotel or Large Commercial Office Building within the geographic boundaries of the City. “COVID-19” means the Coronavirus Disease 2019. “Department” means the San Francisco Department of Public Health. “Disinfectant” means an Environmental Protection Agency (EPA)-registered product that is qualified for use against Contagious Public Health Threats, and as further defined in Section 625.3(c). “Employee” or “Employees” means full-time and part-time employees, casual or on-call employees, or independent contractors and their employees, who perform work as described in Section 625.3 at the Covered Establishment, whether employed or hired directly by the Operator of the Covered Establishment or by another entity. “Employee Dining and Break Rooms” means any space designated by the Operator for Employees to take legally or contractually mandated breaks, or other breaks authorized or approved by the Operator. “Frequently Touched” means any physical surface or object that is typically touched by multiple individuals during the course of a day. “Large Commercial Office Building” means any building or Set of Buildings containing more than 50,000 square feet of Office Space. “Large Commercial Office Building” does not include either 1) a building or Set of Buildings owned or controlled by the City or by any other unit of government, whether local, state, or federal, or 2) any premises within a building or Set of Buildings leased or occupied by the City or by any other unit of government, whether local, state or federal, for which in either case the City or any other unit of government is required to provide cleaning or other janitorial services. “Office Space” has the meaning set forth in Planning Code Section 320(f). “Operator” means any person or business entity that employs or hires Employees directly or indirectly to perform work as described in Section 625.3 at a Covered Establishment. “Set of Buildings” means more than one building on the same lot, adjacent lots, or same block, in each case owned by the same individual or entity, or related companies of such individuals or entities. “Tourist Hotel” means any building or Set of Buildings containing six or more guest rooms or suites of rooms intended or designated to be used for commercial tourist use by providing accommodation to transient guests on a nightly basis or longer, as defined in Administrative Code Section 41.4. “Tourist Hotel” does not include a hotel, or any guest rooms or suites within such a hotel, procured, leased, rented, or controlled by the City for the purpose of sheltering people as part of the City’s COVID-19 response or response to any

other Contagious Public Health Threat. (Added by Ord. 208-20, File No. 200764, App. 10/9/2020, Eff. 11/9/2020)

(a) Each Operator shall establish, implement, and maintain written cleaning and disease prevention standards designed to minimize the risk of transmission of the novel coronavirus that causes COVID-19 or other Contagious Public Health Threats as they arise. (b) Hand washing stations shall be provided on every floor of the Covered Establishment. This requirement does not apply to Tourist Hotels that authorize housekeeping Employees to wash hands in guest rooms. (c) Disinfectant. The cleaning and disease prevention standards established under this Section 625.3 shall provide for disinfection of porous and non-porous surfaces using appropriate Disinfectants. If no Disinfectant exists that may be used on porous surfaces effectively or without causing damage to the material, the Operator shall use such other cleaning agent as is appropriate for the material while using a Disinfectant on all other surfaces. Each Operator shall follow the manufacturer’s instructions for all cleaning and disinfection products for concentration, application method, and contact time for safe and effective use. Additionally, Employees shall be trained in the proper use of cleaning and disinfection products per the product manufacturer’s guidelines and Cal/OSHA safety requirements. (d) High-contact areas, items, and fixtures. The cleaning and disease prevention standards established under this Section 625.3 shall identify “high-contact” areas, items, and fixtures with which Employees or guests may be expected to have regular physical contact. These shall include, at a minimum, those areas, items, and fixtures identified in subsections (e) and (f), but shall also include any other high-contact areas, items, and fixtures; provided, however, that subsections (e) and (f) shall not apply to areas of Covered Establishments that are closed to Employees and/or guests. (e) Regular cleaning and disinfection. The following high-contact areas, items, and fixtures shall be cleaned and disinfected multiple times daily, and more frequently where appropriate. For some of the matters addressed in subsections (e)(1)-(9), additional requirements apply as stated. Unless otherwise stated, references in this Section 625.3 to “surfaces” do not include ceilings. (1) Public and Employee areas. All Frequently Touched surfaces in lobbies, lounges, waiting areas, hallways, handwashing facilities, other public areas or other areas designated for Employees, such as break and locker rooms. Porous surfaces such as carpeted floors, rugs, and drapes, shall be disinfected using Disinfectant identified for the item, or where not, using appropriate cleaners indicated for use on these surfaces. (2) Elevators. All Frequently Touched surfaces, internal and external, for elevators, including without limitation elevator buttons and controls, walls, floors, and handrails. (3) Stairways, stairwells, and escalators. All Frequently Touched surfaces on stairways, stairwells, and escalators, including without limitation handrails. (4) Restrooms. All Frequently Touched surfaces, fixtures, and facilities in public and non-public restrooms, including without limitation sinks, faucets, mirrors, soap dispensers, dryers, paper towel dispensers, toilets, doors, walls and floors of bathroom stalls, toilet paper and paper towel dispensers, door handles, walls, and floors. In addition, hand sanitizer and soap shall be available in all public restrooms. (5) Meeting rooms. All Frequently Touched surfaces and objects in meeting rooms and convention spaces, including without limitation walls, floors, table tops, chairs, dry erase boards; also, markers, staplers, tape dispensers, remote controls, table projectors, charging ports, podiums, and microphones and other equipment used for transmitting information to attendees. Regular cleaning and disinfecting shall occur, among other times, during meeting breaks. (6) Multi-use instruments and items. Instruments and other items used by multiple individuals such as computer keyboards, touch screens, credit card readers, printers, telephones, light switches, non-disposable restaurant menus, and ice and vending machines. (7) Doors. Doors and door handles at all exterior entrances, and door handles at interior entrances regularly accessed by multiple Employees and guests. In addition, each Operator shall have personnel responsible for regularly disinfecting exterior doors. At any time that doors used as a primary public entrance in a Tourist Hotel of 100 rooms or more cannot open automatically or be propped open, the Operator shall assign a gloved employee to open them. (8) Dining and bar facilities. All Frequently Touched surfaces and objects in dining areas, including without limitation dining rooms, lunch areas, and restaurants or cafes on the premises that are defined as “Food Facilities” under California Health and Safety Code Section 113789(a), shall be maintained in compliance with the California Health and Code Sections 113700, et seq., or any successor provision. (9) Shipping and receiving areas. All Frequently Touched surfaces and objects in shipping and receiving areas, including without limitation waste management areas and loading docks. (f) Tourist Hotels. In addition to the requirements of subsection (e), these requirements also apply to Tourist Hotels: (1) All surfaces, items, and furnishings in Tourist Hotel guest rooms (including suite areas) that have been occupied in the preceding 24 hours shall be cleaned and disinfected on a daily basis, unless the guest requests otherwise. Such surfaces include, without limitation, mirrors, desks, table tops, furniture, minibars, interior and exterior door handles, interior door locks, faucets, toilets, light switches, TV

remote controls, telephones, keyboards, and touch screens. Porous surfaces such as carpeted floor, rugs, and drapes, shall be disinfected using Disinfectant where available for the item, or where not, appropriate cleaners indicated for use on these surfaces. (2) Towels, bed linens, bed scarves, and bedspreads shall be changed upon the end of each guest’s stay in the Tourist Hotel. All dirty linens and laundry shall be cleaned at high temperatures and according to the CDC Guidelines for Environmental Infection Control in Health-Care Facilities. (3) Hand sanitizer dispensers shall be installed in main entrances and exits utilized by Employees and guests and in other open high- contact public areas, including without limitation fitness centers, pools, salons, check-in and check-out counters, lobbies, and lounges, and near elevators and multi-use instruments. (4) Restrooms in occupied Tourist Hotel guest rooms shall be cleaned and disinfected once per day, absent special circumstances requiring more frequent cleaning, unless the guest requests less frequent cleaning/disinfecting. (5) If there is a reasonable basis to believe that a specific guest room was occupied by an individual infected with COVID-19 or any other Contagious Public Health Threat, the Operator must remove the guest room from use for seven days or until the Department confirms that it is safe for re-use. If the Department confirms that the room was exposed to a positive case of COVID-19 or other Contagious Public Health Threat, the guest room must undergo a more stringent sanitization protocol per the CDC “Cleaning and Disinfection for Community Facilities” recommendations, or other protocols as may be deemed appropriate by the Department. (6) A Tourist Hotel may not advise, nor may it offer any incentive, of a financial or other nature, to, any guest to decline guest room cleaning on a daily basis or otherwise relax the standards set forth in this subsection (f). Guests are presumed to elect daily guest room cleaning unless the guest affirmatively indicates a preference not to receive daily room cleaning. (g) Posting of cleaning and disease prevention standards. Copies of the cleaning and disease prevention standards referenced in subsection (a) shall be posted in areas where Employees regularly receive daily instruction regarding work duties and on bulletin boards where the Operator regularly posts official communications with Employees. Copies of the cleaning and disease prevention standards shall be made available to guests, to Employees, and to Employee bargaining representatives upon request, and shall be translated into any language spoken by 20% or more of Employees at the Covered Establishment. Copies of the cleaning and disease prevention standards shall be submitted electronically to the Department upon request. (h) All Operators shall maintain a compliance log of all cleaning and sanitation performed in compliance with this Section 625.3, and shall make it available to the Department upon request. (i) Guidance of public health authorities. Any other relevant guidance regarding cleaning and disease prevention standards issued by the Department, the California Department of Public Health, Cal/OSHA, the Centers for Disease Control, and/or other regulatory agencies, or established pursuant to Executive Order of the Mayor, County Health Officer, Governor, State Health Officer, or President shall be followed by the Covered Establishment. In the event that such guidance recommends providing employees with a notice related to COVID-19 or other Contagious Public Health Threat (for example, a general exposure advisory or a recommendation of quarantine), each Operator shall ensure that all Employees to which such recommendations relate and their bargaining representatives, if any, receive such notice as expeditiously as possible. In the event of a conflict between this Section 625.3 and cleaning and disease prevention standards adopted by one or more of the public health authorities encompassed within this subsection (i), the most stringent standard shall apply. (Added by Ord. 208-20, File No. 200764, App. 10/9/2020, Eff. 11/9/2020)

PROTECTED EMPLOYEE RIGHTS. (a) Employee protections. (1) Employees shall be provided with personal hand sanitizers effective against Contagious Public Health Threats including COVID-19, at no cost to the Employee. (2) Employees shall be provided with face coverings, gloves, and all Personal Protective Equipment (PPE) necessary to safely perform the work required to comply with this Article 11B, at no cost to Employees. Such PPE shall be replaced, cleaned, and used in conformance with manufacturer directions. Medical waste disposal containers shall be provided where Employees are required to collect, clean, or dispose of medical waste such as syringes. (3) Items, clothing, and equipment that have been used by an Employee but are to be transferred to another Employee, or used by an Employee on one shift and to be transferred to another Employee on a subsequent shift, shall be cleaned and disinfected before being transferred. (4) Employees shall be given adequate time during their work hours to perform the cleaning, disinfecting, and disease prevention duties imposed by this Article 11B. (5) If the Department recommends that Employees undergo testing for COVID-19 or any other Contagious Public Health Threat, Operators shall ensure that such Employees may receive testing as recommended by the Department. Such testing shall be at no cost to the Employee, and shall occur on paid time, including time required to travel to and from testing sites.

(b) Employee Training. For all Employees assigned cleaning and/or disinfecting duties pursuant to Section 625.3, each Operator shall provide comprehensive and ongoing training in the following subjects: COVID-19 or, as applicable, other Contagious Public Health Threat symptoms, how COVID-19 or other Contagious Public Health Threats are spread, prevention of the spread of COVID-19 or other Contagious Public Health Threats, the requirements of this Article 11B, and Employee rights and responsibilities under this Article. Such training shall be performed on paid time and shall be conducted in all languages spoken by 20% or more of the Employees at a Covered Establishment. (c) No Operator or Covered Establishment or other person shall discharge, demote, suspend, or fail to promote any Employee, or threaten to do any of the foregoing; reduce the compensation, increase the workload, or change the duties of any Employee, or threaten to do any of the foregoing; impose fees or charges on any Employee, or threaten to do either; or in any manner discriminate or otherwise take adverse action against any Employee, or threaten to do so, for opposing any practice proscribed by this Article 11B, participating in investigations or proceedings related to this Article, seeking to enforce the Employee’s rights or the rights of another Employee under this Article by any lawful means, or otherwise asserting rights under this Article. (d) No Operator, Covered Establishment, or any other person shall take any adverse action as described in subsection (c) against any Employee for refusing to perform work that the Employee reasonably believes poses a personal health risk or a health risk to others because of a failure to adhere to the requirements of this Article 11B. (e) No Operator, Covered Establishment, or other person shall take any adverse action as described in subsection (c) against any Employee for reporting or disclosing work conditions the Employee reasonably believes pose a personal health risk or a health risk to others because of a failure to adhere to the requirements of this Article 11B. (f) No Operator, Covered Establishment, or other person shall interfere with any Employee’s exercise of rights protected under this Article 11B, including but not limited to rights protected under this Section 625.4. (g) Protections of this Section 625.4 shall apply to any Employee or other person who mistakenly, but in good faith, alleges noncompliance with this Article 11B. Taking adverse action against an Employee or other person within 90 days of their having exercised rights protected under this Article shall raise a rebuttable presumption that the party taking the adverse action did so in retaliation for the exercise of such rights. (h) This Section 625.4 shall be implemented and enforced by the Office of Labor Standards Enforcement, which may promulgate regulations and guidelines for such purposes. (Added by Ord. 208-20, File No. 200764, App. 10/9/2020, Eff. 11/9/2020)

(a) As stated in Health Code Section 581, a violation of the cleaning or disinfecting standards established under Section 625.3 shall be considered a nuisance under Section 581, or any successor provision. (b) The Department shall have authority to enforce Section 625.3 under Health Code Sections 594, 595, 596, 596.5, 599, 600, and 610, including by issuance of an order of closure as provided by Health Code Section 596(i)(6), or any successor provision. (c) Any Employee or former Employee may bring a civil action in the San Francisco Superior Court for a violation of Section 625.4, and may be awarded: (1) All actual damages (including, but not limited to, lost pay and benefits) suffered by the Employee, or statutory damages in the sum of $1,000, for each violation whichever is greater; and (2) Exemplary damages, as authorized under California Civil Code Section 3294, or any successor provision; and (3) The court shall award reasonable attorneys' fees and costs to an Employee who prevails in any such enforcement action. (d) Nothing in this Article 11B shall preclude an employee from bringing a civil action for an alleged violation of this Article, where such civil action is otherwise recognized under the law. (Added by Ord. 208-20, File No. 200764, App. 10/9/2020, Eff. 11/9/2020)

In enacting and implementing this Article 11B, the City is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury. (Added by Ord. 208-20, File No. 200764, App. 10/9/2020, Eff. 11/9/2020)

If any section, subsection, sentence, clause, phrase, or word of this Article 11B, or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or applications of the Article. The Board of Supervisors hereby declares that it would have passed this Article and each and every section, subsection, sentence, clause, phrase, and word not declared invalid or unconstitutional without regard to whether any other portion of this Article or application thereof would be subsequently declared invalid or unconstitutional. (Added by Ord. 208-20, File No. 200764, App. 10/9/2020, Eff. 11/9/2020)