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(a) Within 5 days after a tenant finds or reasonably suspects a bed bug infestation in the presence of the tenant's dwelling unit, the tenant shall notify, in writing, the landlord of any known or reasonably suspected bed bug infestation in the presence of the tenant's dwelling unit, clothing, furniture or other personal property located in the building, or of any recurring or unexplained bites, stings, irritation, or sores of the skin or body which the tenant reasonably suspects is caused by bed bugs.
(b) The tenant shall cooperate with the landlord in the control, treatment and eradication of bed bug infestation found or reasonably suspected to be, in the tenant's rental unit. As part of that cooperation, the tenant shall:
(1) not interfere with inspections or treatments;
(2) after reasonable notice in writing to the tenant, grant access at reasonable times to the tenant's rental unit for purposes of bed bug infestation inspection or treatment;
(3) make any necessary preparations, such as cleaning, dusting or vacuuming, prior to treatment in accordance with any pest management professional's recommendations; and
(4) dispose of any personal property that a pest management professional has determined cannot be treated or cleaned before the treatment of the tenant's dwelling unit.
(5) prior to removing any personal property from the tenant's dwelling unit, safely enclose in a plastic bag any such personal property while it is being moved through any common area of the building, or stored at any other location. The personal property shall remain enclosed in a plastic bag until such time that the property is either properly disposed of or treated and no evidence of beg bug infestation can be found and verified.
(c) Prior to inspection or treatment for bed bug infestation, the landlord shall send a written notice to the tenant of the rental unit being inspected or treated, which advises the tenant of the tenant's responsibilities under this section and sets forth the specific preparations required by the tenant.
(d) This section shall not apply to any tenant of an assisted living or shared housing establishment, or similar living arrangement, when the establishment is required to provide the tenant assistance with activities of daily living or mandatory services. In such cases, the landlord will be responsible to make the necessary preparations, such as cleaning, dusting or vacuuming, of the tenant's rental unit prior to treatment in accordance with any pest management professional's recommendations. For purposes of this subsection, the terms "assistance with activities of daily living", "assisted living establishment", "mandatory services" and "shared housing establishment" have the meaning ascribed to those terms in the Illinois Assisted Living and Shared Housing Act, 210 ILCS 9/10.
(Added Coun. J. 6-5-13, p. 55787, § 5)
(a) For purposes of this section, the following definitions apply:
"Act" means the Illinois Safe and Hygienic Bed Act, 410 ILCS 68/1.
"Bedding", "manufacturer", "renovator", rebuilder", "repairer", "sanitizer", and "secondhand material" have the meaning ascribed to those terms in Section 410 ILCS 68/5 of the Act.
"Secondhand bedding" means bedding that is made in whole or part from secondhand material or that has been previously used or owned.
(b) Every manufacturer, renovator, rebuilder, repairer and sanitizer of bedding whose product is sold in the city shall comply with the Act.
(c) Every person who sells at retail any secondhand bedding shall post in a conspicuous location nearby the secondhand bedding a written notice in English, Spanish, Polish and Chinese that the bedding is made in whole or part from secondhand material or was previously owned or used.
(d) Every person who sells at retail any secondhand bedding shall provide to the purchaser of such secondhand bedding a written notice in English, Spanish, Polish and Chinese that the bedding is made in whole or part from secondhand material or has been previously owned or used.
(e) Every person who sells at retail any new or secondhand bedding shall inspect all material for soiling, malodor, and pest infestation, including bed bugs, prior to use, sale or distribution of the bedding. If any material in the bedding appears to be soiled, malodorous or infested with pests, the person shall not use, sell or distribute such bedding. If the bedding is infested with bed bugs, the person shall dispose of such bedding and material in an enclosed plastic bag and labeled as being infested with bed bugs.
(Added Coun. J. 6-5-13, p. 55787, § 5)
The commissioner shall prepare and post on the health department's publicly available website:
(a) a brochure containing, at a minimum, the following: (1) a statement that the presence of bed bugs in any building or dwelling unit is a public nuisance; (2) information on how to detect the presence of bed bugs; (3) information on how to prevent the spread of bed bugs within and between buildings; (4) a statement that tenants shall contact their landlord as soon as practicable if they suspect they have bed bugs in their dwelling unit; and (5) contact information as to where people can obtain more information; and
(b) information relating to licensing, registration or certification by the State of Illinois to perform pest control services.
(Added Coun. J. 6-5-13, p. 55787, § 5)
The commissioner of health and the commissioner of buildings shall have joint authority to promulgate rules and regulations necessary to implement this article.
(Added Coun. J. 6-5-13, p. 55787, § 5)
(a) Inspectors from the departments of buildings and health shall have authority to inspect the interior and exterior of buildings, other structures, or parcels on which a building is located for bed bug infestation and when any evidence is found indicating the presence of bed bugs at that site and to report such evidence to the appropriate commissioner.
(b) This article may be enforced by the departments of public health or buildings. In addition, the department of business affairs and consumer protection shall have the authority to enforce Section 7-28-860.
(Added Coun. J. 6-5-13, p. 55787, § 5)
Editor's note – Per Coun. J. 6-5-13, p. 55787, § 6, §§ 7-28-810 - 7-28-900 become effective on 12-23-13.
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