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1999 SESSION


CHAPTER 65
An Act to amend and reenact § 55-248.18 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 55-79.80:01 and 55-464.1, relating to notice of pesticide use.
[H 1369]
Approved March 9, 1999

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 is amended by adding sections numbered 55-79.80:01 and 55-464.1 as follows:

§ 55-79.80:01. Common elements; notice of pesticide application.

Unit owners’ associations shall post notice of all pesticide applications in or upon the common elements. Such notice shall consist of conspicuous signs placed in or upon the common elements where the pesticide will be applied at least forty-eight hours prior to the application.

§ 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. If a tenant requests the application of the pesticide, the forty-eight-hour notice requirement is not required. Tenants who have concerns about specific pesticides shall notify the landlord in writing no less than twenty-four hours before the scheduled pesticide application.

C. In addition, the landlord shall post notice of all pesticide applications in or upon the premises, excluding the dwelling units. Such notice shall consist of conspicuous signs placed in or upon such premises where the pesticide will be applied at least forty-eight hours prior to the application.

D. 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.

B. E. 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.

§ 55-464.1. Common elements; notice of pesticide application.

Associations shall post notification of all pesticide applications in or upon the common elements. Such notice shall consist of conspicuous signs placed in or upon the common elements where the pesticide will be applied at least forty-eight hours prior to the application.