(a) For purposes of this section, the following terms have the following meanings: (1) âAdjacent dwelling unitâ means a dwelling unit that is directly beside, above, or below a particular dwelling unit. (2) âAuthorized agentâ means an individual, organization, or other entity that has entered into an agreement with a landlord to act on the landlordâs behalf in relation to the management of a residential rental property. (3) âBroadcast applicationâ means spreading pesticide over an area greater than two square feet. (4) âElectronic deliveryâ means delivery of a document by electronic means to the electronic address at or through which a tenant, landlord, or authorized agent has authorized electronic delivery. (5) âLandlordâ means an owner of residential rental property. (6) âPestâ means a living organism that causes damage to property or economic loss, or transmits or produces diseases. (7) âPesticideâ means any substance, or mixture of substances, that is intended to be used for controlling, destroying, repelling, or mitigating any pest or organism, excluding antimicrobial pesticides as defined by the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136(mm)). (8) âLicensed pest control operatorâ means anyone licensed by the state to apply pesticides. (b) (1) A landlord or authorized agent that applies any pesticide to a dwelling unit without a licensed pest control operator shall provide a tenant of that dwelling unit and, if making broadcast applications, or using total release foggers or aerosol sprays, any tenant in an adjacent dwelling unit that could reasonably be impacted by the pesticide use with written notice that contains the following statements and information using words with common and everyday meaning: (A) The pest or pests to be controlled. (B) The name and brand of the pesticide product proposed to be used. (C) âState law requires that you be given the following information: CAUTION â PESTICIDES ARE TOXIC CHEMICALS. The California Department of Pesticide Regulation and the United States Environmental Protection Agency allow the unlicensed use of certain pesticides based on existing scientific evidence that there are no appreciable risks if proper use conditions are followed or that the risks are outweighed by the benefits. The degree of risk depends upon the degree of exposure, so exposure should be minimized. If within 24 hours following application of a pesticide, a person experiences symptoms similar to common seasonal illness comparable to influenza, the person should contact a physician, appropriate licensed health care provider, or the California Poison Control System (1-800-222-1222). For further information, contact any of the following: for Health Questions â the County Health Department (telephone number) and for Regulatory Information â the Department of Pesticide Regulation (916-324-4100).â (D) The approximate date, time, and frequency with which the pesticide will be applied. (E) The following notification: âThe approximate date, time, and frequency of this pesticide application is subject to change.â (2) At least 24 hours prior to application of the pesticide to the dwelling unit, the landlord or authorized agent shall provide the notice to the tenant of the dwelling unit, as well as any tenants in adjacent units that are required to be notified pursuant to paragraph (1), in at least one of the following ways: (A) First-class mail. (B) Personal delivery to the tenant, someone of suitable age and discretion at the premises, or under the usual entry door of the premises. (C) Electronic delivery, if an electronic mailing address has been provided by the tenant. (D) Posting a written notice in a conspicuous place at the unit entry in a manner in which a reasonable person would discover the notice. (3) (A) Upon receipt of written notification, the tenant may agree in writing, or if notification was electronically delivered, the tenant m
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