SECONDHAND/REFURBISHED MATTRESS CONSUMER PROTECTION REGULATIONS

San Antonio City Code ch. 15, art. X

in effect

San Antonio City Code § 15-260 Definitions.

Sec. 15-260. - Definitions. City means the City of San Antonio. Department means the development services department. Director means the director of the development services department. Germicidal treatment provider means any person performing germicidal treatment methods of cleaning. Each germicidal treatment provider is required to be permitted as detailed in this article. Germicide means a substance or agent that kills germs, especially pathogenic microorganisms; a disinfectant. Mattress means large pad for supporting the reclining body, used as or on a bed, consisting of a quilted or similarly fastened case, usually of heavy cloth, that contains hair, straw, cotton, foam rubber, etc., or a framework of metal springs. As used in this article, a mattress includes the box springs. Mattress retailer means any person selling or renting secondhand or refurbished mattress as defined in this article. Each mattress retailers is required to be permitted as detailed in this article. Person means an individual, association, corporation, or any other business entity. Refurbish means to make neat, clean, or complete, as by renovating, re-equipping, or restoring. The term necessarily includes removing and replacing original parts with non-original, used, second-hand parts. Sanitary means a condition of good order and cleanliness that precludes the probability of disease transmission. Secondhand means previous use in any manner other than previous use as a floor model. (Ord. No. 2015-12-03-1020, § 3, 12-3-15)

San Antonio City Code § 15-261 Scope and intent of article.

Sec. 15-261. - Scope and intent of article. To provide consumer protection regulations for the sale or rental of secondhand or refurbished mattresses and germicidal treatment of such mattresses. For purposes of this article, both secondhand as well as refurbished mattresses must receive germicidal treatment prior to sale or rental. (Ord. No. 2015-12-03-1020, § 3, 12-3-15)

San Antonio City Code § 15-262 Duties and powers of the director.

Sec. 15-262. - Duties and powers of the director. The director is hereby authorized and directed to enforce the provisions of this article with the health department consultation and collaboration, as appropriate, and shall have the authority to render interpretations of this article and to adopt policies and procedures in order to clarify and administer the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this article. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this article. (Ord. No. 2015-12-03-1020, § 3, 12-3-15)

San Antonio City Code § 15-263 Permitting requirements.

Sec. 15-263. - Permitting requirements. (a) In general. Any mattress retailer and any germicidal treatment provider in the City of San Antonio (city) must be permitted through the department and pay a biennial fee as provided for in this article. Each business location must be separately permitted to conduct the service it provides that is regulated under this article: 1) sell or rent secondhand or refurbished mattresses; and/or 2) provide germicidal treatments services. Conducting business without obtaining required permit(s) is a violation under this article. (b) Permitting application requirements. (1) Application for an initial permit or renewal must be made through the department on an approved application form which may be obtained from the department. (2) A separate application is required to be completed and submitted for each specific business location regardless of common ownership resulting in individual permits for each location. (3) The appropriate permitting fee, payable to the department, must accompany each application. (4) Additional information that may be required includes: a. Explanation of the germicidal treatment method to be applied to secondhand and refurbished mattresses; b. Any other information the department may determine is necessary. (c) Permitting miscellaneous regulations. (1) The permitting requirement does not apply to a custom upholstery business that does not sell or rent secondhand or refurbished mattresses. (2) A person selling or renting secondhand or refurbished mattresses and also applying germicidal treatment methods must receive separate permits from the department to conduct each business. (Ord. No. 2015-12-03-1020, § 3, 12-3-15)

San Antonio City Code § 15-264 Germicidal treatment requirements.

Sec. 15-264. - Germicidal treatment requirements. (a) General requirements. Germicidal treatment is required on all secondhand or refurbished mattresses by a permitted germicidal treatment provider using a method identified below before they may be sold or rented to consumers. (b) Treatment methods. (1) Chemical spray. a. Only those products specifically approved by the health department may be used as a germicidal treatment method. b. Mechanical, compressed air, hand pump, or electric sprayers must be used and they must be of the continuous spray type. No intermittent spray devices are allowed. c. Chemicals must be in liquid form. Aerosol sprays shall not be used. d. Liquid sprays must include a simple but positive means of detection or verification by means of an ultra-violet lamp unit. e. Liquid sprays requiring premixing or dilution shall not be approved. f. Spray area must be in such a location as to be protected from wind. g. Manufacturers' specifications such as amount of coverage, operator safety precautions, and other warning labels must be followed. (2) Dry heat. a. A minimum temperature of two hundred thirty (230) degrees Fahrenheit for a period of one hour and fifteen (15) minutes, within a closed chamber is required for proper germicidal treatment. The minimum temperature may be reduced to two hundred five (205) degrees Fahrenheit for a period of one hour and thirty (30) minutes for foam products which may be damaged at two hundred thirty (230) degrees Fahrenheit. b. The dry heat chamber shall be equipped with a recording clock to accurately record the time and temperature. The clock shall be attached on the outside of the chamber and the heat bulb sending unit must be installed within the chamber at the furtherest point practical from the entry of the heat. c. The chamber and automatic circulating heat devices shall maintain equal and uniform temperatures in all sections of the chamber. d. All mattresses shall be spaced within the chamber to allow not less than four (4) inches on all sides of each article for full circulation of heat or air. (3) Steam. a. Treatment by the steam method shall consist of steam under pressure of fifteen (15) pounds per square inch maintained for thirty (30) minutes or a pressure of twenty (20) pounds per square inch maintained for twenty (20) minutes. b. An alternate method may consist of two (2) applications of streaming steam, maintained for a period of one hour each, to be applied at intervals of not less than six (6) nor more than twenty-four (24) hours. (4) Other methods. Any other method of germicidal treatment may be used provided such proposed method is in accordance with national or model standards relating to germicidal treatment, it is in compliance with the intent and purpose of this article, and it provide equal or greater protection to the public than those specifically listed in subsections (1) through (3). The director of the health department is required to evaluate any proposed written request to conduct germicidal treatments in a method outside those specifically mentioned in this article and sign any written approval, detailing a finding that the method proposed is in accordance with this subsection. (Ord. No. 2015-12-03-1020, § 3, 12-3-15)

San Antonio City Code § 15-265 Notice, storage, labeling and records requirements.

Sec. 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)

San Antonio City Code § 15-266 Permitting fees.

Sec. 15-266. - Permitting fees. (a) Secondhand/refurbished mattress retailer permit. The initial permit fee for the first two-year term is a fixed two hundred twenty dollars ($220.00), regardless of time in actual operation. Subsequent permit fees shall be adjusted based upon the number of secondhand/refurbished mattresses sold and rented during the previous two-year period. Should operations cease prior to two (2) years, any subsequent new permit fee shall follow the graduated fee schedule listed below. Calculation for permit fee purposes is based separately upon all such business locations held under the same ownership. The graduated fee schedule is as follows: (1) For less than two thousand (2,000) such mattresses sold and rented, the fee is two hundred twenty dollars ($220.00); (2) Two thousand (2,000) to nine thousand nine hundred ninety-nine (9,999) such mattresses sold and rented, the fee is three hundred thirty dollars ($330.00); (3) Ten thousand (10,000) to nineteen thousand nine hundred ninety-nine (19,999) such mattresses sold and rented, the fee is four hundred forty dollars ($440.00); (4) Twenty thousand (20,000) to twenty-nine thousand nine hundred ninety-nine (29,999) such mattresses sold and rented, the fee is six hundred sixty dollars ($660.00); (5) Thirty thousand (30,000) to forty-nine thousand nine hundred ninety-nine (49,999) such mattresses sold and rented, the fee is eight hundred eighty dollars ($880.00); (6) Fifty thousand (50,000) to one hundred thousand (100,000) such mattresses sold and rented, the fee is one thousand three hundred twenty dollars ($1,320.00); and (7) Over one hundred thousand (100,000) such mattresses sold and rented, the fee is one thousand three hundred twenty dollars ($1,320.00) plus three cents ($0.03) for each additional mattress. (b) Germicidal treatment permit. One hundred ten dollars ($110.00) each fixed for a two-year term and any subsequent biennial renewal. (Ord. No. 2015-12-03-1020, § 3, 12-3-15)

San Antonio City Code § 15-267 Enforcement of law.

Sec. 15-267. - Enforcement of law. (a) The department and the health department are responsible for enforcement of this article. (b) Each person required to be permitted under this article shall provide sale and rental data for separate business locations to determine compliance with this article when requested by the department. (c) Each person required to be permitted as a germicidal treatment provider under this article shall maintain each business location in a sanitary condition. (d) Each person required to be permitted as a germicidal treatment provider under this article shall allow, during normal business hours, an authorized representative or representatives of the department and/or health department to conduct an announced or unannounced inspection of their place of business for purposes of determining compliance with this article and regulations. (e) Each person required to be permitted under this article shall allow an authorized representative or representatives of the department and/or health department to copy records and take photographs of mattresses and premises during inspections. (f) City authority to deny, suspend or revoke permits. (1) An application for permit issuance or renewal will be denied by the director of the department if the applicant fails or refuses to provide a complete application, pay the appropriate fee, or provide requested information. (2) An application for permit renewal may be denied by the director of the department if the applicant has failed to make acceptable progress implementing corrective actions to comply with this article and/or to remedy previous violations of the article. (3) A permit may be suspended or revoked by the director of the department if the permit holder violates this article. Such decision shall be based on and supported by evidence of violation. Notice of suspension or revocation shall be sent to the last known address of the permit holder detailing a time of no more than ten (10) working days from the time of receipt to contest such action through a hearing before the director. Once notified within that time period, the director shall conduct a hearing within a reasonable time and either affirm or overrule the action taken. Should action be affirmed after the hearing, a permit holder may appeal the final decision of the director, which shall be in writing and contain the reason for the suspension or revocation. Notice of appeal must be filed with a court of proper jurisdiction within ten (10) working days of the director's final decision; otherwise, the appeal is waived. The permit shall be suspended or revoked only for the location where the violation occurred. (Ord. No. 2015-12-03-1020, § 3, 12-3-15)

San Antonio City Code § 15-268 Penalty for violation.

Sec. 15-268. - Penalty for violation. A violation under this article is a strict liability offense and any person violating any of its provisions shall be deemed guilty of a misdemeanor. Each such person shall be deemed guilty of a separate offense for each day or portion thereof during which any violation of any of the provisions of this article are committed, continued or permitted. Each violation may be punishable by a fine not less than one hundred dollars ($100.00) nor more than two thousand dollars ($2,000.00). (Ord. No. 2015-12-03-1020, § 3, 12-3-15)

Source: City of San Antonio, City Code, City Charter and Unified Development Code (Municode Library, library.municode.com)URL: https://library.municode.com/tx/san_antonio/codes/code_of_ordinances?nodeId=PTIICO_CH15HE_ARTXSEREMACOPRREFetched: 10/27/2026