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1997 SESSION

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972010112
HOUSE BILL NO. 2358 Offered January 20, 1997 A BILL to amend and reenact § 55-248.18 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 3.1-249.55:1, relating to the protection of chemically sensitive people; registry; damages; use of pesticides by landlords. ---------- Patron-- Almand (By Request) ---------- Referred to Committee on Agriculture ----------

Be it enacted by the General Assembly of Virginia:

1. That § 55-248.18 of the Code of Virginia is amended and reenacted and that the Code of Virginia by adding a section numbered 3.1-249.55:1 as follows:

§ 3.1-249.55:1. Board to maintain registry; notice by registrants; damages.

A. The Board shall maintain a registry of all persons who have requested in writing that they desire forty-eight hours' notification of an application of a pesticide within a one-half mile radius of their residential property. Annually, the Board shall update the registry and send a copy to all certified commercial applicators.

B. A commercial applicator shall give no less than forty-eight hours' notice in writing or by direct telephone contact to any person whose name appears on the registry residing within a one-half mile radius of a planned application site. The notice shall state the time of the planned application. If for any reason the application cannot be carried out at the time stated in the notice, the commercial applicator shall promptly inform such person in writing or by direct telephone contact and, at that time or as soon as a new date is set, inform him of the new date and time.

C. Any commercial applicator who violates the provisions of this section shall be liable for damages in the amount of $100, payable to the person whose name appears on the registry who was not notified as required by subsection B. In addition, such person may recover reasonable attorney's fees and costs. Actions under this subsection shall be brought in the general district court for the county or city where such person resides.

§ 55-248.18. Access; consent; notice to tenant for pesticide use.

A. The tenant shall not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen or contractors. The landlord may enter the dwelling unit without consent of the tenant in case of emergency. The landlord shall not abuse the right of access or use it to harass the tenant. Except in case of emergency or if it is impractical to do so, the landlord shall give the tenant reasonable notice of his intent to enter and may enter only at reasonable times.

B. The landlord shall give written notice to the tenant no less than forty-eight hours prior to his application of a pesticide in the tenant's dwelling unit unless the tenant agrees to a shorter notification period. Such notice shall identify the type of pesticide to be used. In addition, the landlord shall post a conspicuous sign on the front door of the buildings where the pesticides are applied disclosing the fact that pesticides have been applied. If a tenant requests the application of the pesticide, the forty-eight hour forty-eight-hour notice requirement is not required; however, the landlord shall identify the type of pesticide used, if requested by the tenant, and post the sign required by this subsection. The application of pesticides shall be in accordance with Article 3 (§ 3.1-249.51 et seq.) of Chapter 14.1 of Title 3.1.

C. The landlord has no other right to access except by court order or that permitted by §§ 55-248.32 and 55-248.33 or if the tenant has abandoned or surrendered the premises.

BD. The tenant may install, within the apartment, new burglary prevention, including chain latch devices approved by the landlord, and fire detection devices that the tenant may believe necessary to insure ensure his safety, provided:

1. Installation does no permanent damage to any part of the apartment.

2. A duplicate of all keys and instructions of how to operate all devices are given to the landlord or landlord's agent.

3. Upon termination of occupancy the tenant shall, upon request of the landlord, remove all such devices and repair all damages.