These guidelines will help you to understand various subsections of the ordinance.
Section B28-10 (a)
Except as provided in (i) below, when a department enters into a new Contract (see section B28-2(d)) or amends an existing Contract to extend the term of the Contract for more than six months beyond the current term and any optional extension periods, the Contract shall require compliance with the provisions of this Division including those relating to pesticide restrictions, record keeping, and reporting.
Document and Data Control: GSA Property Management should submit quarterly status report (LIST ONLY) to County IPM Coordinator on all new contracts or amendment to existing contract that has inclusion on the all provisions of this Division. This information/data is required for HLUET and BOS Quarterly IPM Status Report.
Language to be inserted in the contract
Lessee is responsible for pest management on the Premises. Lessee must comply with the County’s Integrated Pest Management and Pesticide Use Ordinance, Division B28 of the Santa Clara County Ordinance Code. See sections B28-5 through B28-8 for pesticide usage and restrictions, posting requirements, and record keeping requirements. The Approved List of pesticides authorized for use on the premises and referred to in section B28-5(a) can be found at SCC IPM Website and is updated monthly. The County’s Integrated Pest Management (IPM) Coordinator, is available to answer questions. He may be reached at 408-299-5105 or Naresh.Duggal@ceo.sccgov.org
Section B28-10 (a)(i)
The County Executive may grant an exemption for up to five years from Contract compliance with all or part of the provisions of this Division in the event compliance would negatively impact County revenues, prevent the highest and best use of an asset as determined by the County Executive, or where it is demonstrated that full compliance cannot be achieved. Notice of any exemption granted pursuant to this subsection (i) shall be given to the applicant and to the IPM TAG. The notice shall state that any person dissatisfied with the decision of the County Executive may file an appeal with the Clerk of the Board within fifteen (15) calendar days of the date of the notice. The appeal will first be heard before the County’s Housing, Land Use, Environment, and Transportation Committee, which Committee shall make a recommendation to the Board of Supervisors. The decision of the Board of Supervisors shall be final.
Submit Notice of Exemption to County IPM Coordinator, who will then circulate the notice among the IPM-TAG for discussion and necessary appeal process as stated above.
Section B28-10 (b):
A contractor, or department on behalf of a contractor, may apply for exemptions authorized under section B28-5 (b) and (c), and this section B28-10.
The Department IPM Coordinators should ensure that prior to opting for any pesticide use (including pesticide on the approved list), the County IPM Manager is notified and consulted for necessary approval, unless otherwise, an approval is granted for extended period of use as necessary. The County IPM Manager will work with the user department to identify their pesticide usage and related non-chemical alternatives, to achieve overall pesticide use reduction.
Should you decide to use a pesticide or purchase one, a department (through Department IPM Coordinator) or property management representative should submit an application for exemption on behalf of the contractor to the County IPM Coordinator.
When a department enters into a new lease in which the County is occupying or using property not owned by the County (and thus not within the definition of Contract in section B28-2 (d)), the County shall use reasonable efforts to negotiate the use of IPM practices as part of that lease.
Following content/text should be discussed during lease negotiations:
- County of Santa Clara has adopted an Integrated Pest Management (IPM) Ordinance (Division B28), effective on June 20, 2002. IPM is a decision-making process for managing pests using monitoring to determine pest-caused injury levels and combining biological control, cultural practices, mechanical and physical tools, and chemicals to minimize pesticide usage. The method uses the least hazardous pesticides, only as a last resort for controlling pests.
- If pesticides must be used, it is requested that the Landlord contact the County for a list of pesticides approved by the County IPM Coordinator and that an effort is made to use a pesticide on the list. This list is revised monthly and is available on the County IPM website.
- Landlord should not use any pesticide listed under Section B28-6.
- Pesticide will be applied only by licensed applicator in the appropriate category, licensed by Structural Pest Control Board/Department of Pesticide Regulation, State of California.
- Landlord will provide Tenant a copy of Pesticide Label and Material Safety Data Sheet 72 hours prior to application to be performed on the Premises.
- Tenant (Department IPM Coordinator) will adhere to the Posting of Pesticide Use requirements as stated under Section B28-7.
- Landlord will provide Tenant with seventy-two hours notice of any and all pesticide applications to be performed on the Premises. Such application shall be performed by Landlord in accordance with all local, state and federal regulations, and shall not be performed between the hours of 7:00 a.m. through 6:00 p.m., Monday through Friday.
- Landlord will provide Tenant with Pesticide Use Records. These records shall be displayed in a Logbook/sheet at the site at a designated location.
- Pesticide Use Records will include Target Pest, Pesticide Product Name, Active Ingredient, EPA Registration Number, Formulation and Quantity of Pesticide Used, Site of Pesticide application, Date of Pesticide application, name of person conducting pest management activity. The records will be maintained for one year and submitted to the County IPM Coordinator.
If a landlord decides not to comply by the SCC IPM and Pesticide Use Ordinance language as stated above in item 1-9, he must minimally comply with California State Pesticide notification laws as follows:
- State of California Law: California Code of Regulations (Title 3. Food and Agriculture) Division 6: Pesticides and Pest Control Operations Division 6. Pesticides and Pest Control Operations Chapter 3: Pest Control Operations Subchapter 2: Work Requirements Article 1: Pest Control Operations Generally: Section 6616, 6618, 6619.
- Food and Agricultural Code: Section 11501; Section 12978; Section 12980; Section 12981 and California Business and Professions Code Division 3. Professions and Vocations Generally: Section 8538.
Section B28-10 (d)
In current leases in which the County is occupying or using property not owned by the County, the County shall encourage the use of IPM practices whenever practical.
Property management will serve as a liaison between the County IPM Manager, Property owners, Landlords and Property management companies to create and maintain IPM practices. Such communication can be arranged in the form of Teleconference or E Mail Communication or group meeting as needed.
Pesticide Use posting, notification and records should be maintained. Department IPM Coordinator and Facility Manager should ensure that Pesticide Use notification; posting and use records are in compliance with State law as a minimum standard.
Where existing pest control practices include use of category 1 and 2 pesticides, a group meeting may be helpful. The landlord should be given information on IPM practices and encouraged to incorporate them into building maintenance practices.
IPM newsletter and various IPM practices brochures will also be mailed to property owners and their pest control contractors for reference purposes.
Section B28-10 (e)
When the County is granted an easement; the maintenance of the easement shall be in compliance with this Division if consistent with the terms of the easement.
Section B28-10 (f)
A process, which incorporates a request for qualifications, shall be used in the selection of all contractors for pest management services and shall be in compliance with county contracting policies and state law. The County IPM Coordinator and the Technical Advisory Group (TAG) may participate in the process. All contractors applying for pest management services shall submit a Pest Management Plan, which outlines how they will comply with the IPM Ordinance. The Plan shall give preference to prevention and other non-pesticide or least toxic methods of pest control.
Refer to Request for Qualifications (RFQ) and Request for Proposal (RFP) processes in (Section 4 of this document) to learn how to qualify and how the County selects vendors/contractors for various IPM projects. If you are in a need of a specific pest control issue that has not been addressed by the RFQ/RFP process, contact the County IPM Manager for further assistance.