§ 15-265. Notice, storage, labeling and records requirements.

(a)

Germicide treatment provider notice. Any person providing germicidal treatment services shall, after performing such services, attach a label as described in this section.

(b)

Retail notices. Any person engaged in the sale or rental of secondhand and/or refurbished mattresses shall provide notices to the public at all retail locations providing such services. Notices shall be as follows:

(1)

A 20"x20" (minimum) sign at the front entrance(s) identifying in writing (minimum 100-point type in English) that the location sells and/or rents secondhand and/or refurbished mattresses. Other languages may be used in addition to English on separate signs.

(2)

A label prominently displayed on each secondhand or refurbished mattress in English identifying it as such and providing confirmation of compliance with germicidal treatment. Other languages may be used in addition to English, but shall be presented on separate labels. No person shall remove the label or position, arrange or display a mattress in such a manner as to obstruct the view of the label from the purchaser and/or department representatives.

(3)

Each retail location shall provide written notification to the customer advising that they are purchasing and/or renting (as applicable), secondhand and/or refurbished sanitized mattresses. Each retail location shall retain signed customer confirmation acknowledging that they understand they are purchasing or renting secondhand and/or refurbished sanitized mattresses.

(c)

Secondhand and refurbished mattresses segregation requirements.

(1)

Persons engaged in the sale and/or germicidal treatment of such mattresses shall keep same separate and apart from new mattresses.

(2)

Secondhand and refurbished mattresses which have not been germicidally treated and properly labeled, shall not be displayed on the sales floor.

(d)

Label requirements.

(1)

A secondhand or refurbished mattress label shall be attached to the secondhand or refurbished mattress and be at least twelve (12) square inches and state, plainly stamped or printed in red ink on all white material:

a.

"SECONDHAND OR REFURBISHED MATTRESS - SANITIZED" in capital letters at least one-fourth-inch high;

b.

That the secondhand or refurbished mattress has been germicidally treated by a method either listed in this article or approved by the director of the health department;

c.

The method of germicidal treatment applied;

d.

The date the secondhand or refurbished mattress was germicidally treated;

e.

The name and address of the person for whom the secondhand or refurbished mattress was germicidally treated;

f.

The germicidal treatment permit identification number assigned by the department; and

g.

Shall be in a form and contain any other information prescribed by the department with input from the health department.

(2)

Making any false or misleading statement on any label required by this article is unlawful; further, removing, defacing, altering, or positioning any label or statement thereon for the purpose of defeating the provisions of this article is unlawful except that the label may be removed by the consumer.

(e)

Records. Records must be kept for a period not less than two (2) years from the point of sale, rental and time of germicidal treatment.

(1)

Any person engaged in the sale or rental of secondhand and/or refurbished mattresses shall keep records of acknowledgements as required under subsection (b)(3) above.

(2)

Records verifying germicidal treatment and other information as required by the director of the development services department shall be kept by both the retailer of secondhand/refurbished mattresses and the germicidal treatment provider and must be provided to the city within a reasonable time of a request to verify compliance. A copy of such treatment received by the retailer shall suffice to comply with this section. The development services department may require, at the expense of the person, that an independent audit of the records of the person be conducted with the results of such audit provided to both parties.

(3)

Each person required to obtain a germicidal treatment permit shall:

a.

Conspicuously post a copy of the permit on the premises of the person's business near the treatment device; and

b.

Keep accurate records describing mattresses treated, date of treatment, method of treatment, and the name and address of the owner of each item.

(Ord. No. 2015-12-03-1020 , § 3, 12-3-15)