Regulation in Pet Care: Are you Prepared?
Recent events by regulatory bodies led us to reach out to Carmen Rustenbeck, CEO of our industry trade association, International Boarding and Pet Services Association or IBPSA. We feel it’s very important for our members to realize the potential impact of regulation on your business. If you operate in California this post is a must-read!
Thank you, Susan and Robin, for asking IBPSA to participate in your blog post this week. IBPSA is always looking for ways to encourage members of the pet care services industry to implement best practices, as well as keep their eye on safety for their employees and the pets in their care. It’s imperative not only because, increasingly, it’s the law, but it’s also the right thing to do and it impacts your bottom line – from insurance premiums to gained (or lost) business from client reviews and word of mouth.
In general, small businesses must now cope with more legislative action than ever before; they’re struggling to keep up with how legislative action will affect their financial position. During our recent 2016 IBPSA Pet Care Services Educational Conference & Trade Show, I had a conversation with an exhibitor about the surge in OSHA investigations in our industry, in particular, and the consequent added stress on facilities to ensure they have met proper education and documentation standards. Our industry also increasingly finds itself in the legislative crosshairs which, unfortunately, can cause headaches for pet care facilities while failing to produce the results originally intended by the lawmakers.
- What changes have you observed in the regulatory process for pet care services?
The rise of the “pet parent” has become so successful that there is room now for legislatures to consider regulations for pet care services providers. We actually are reaping the results of our own success as an industry. Even though it was understood that a person owned their pet, we wanted the pet owner to act and care for their pet like a pet parent – to spoil their pets like a doting parent. If we’re caring for “furkids” then we should expect to be held to the higher standards expected of “childcare.” But, unlike human childcare facilities, some of which are subject, annually, to up to 600 regulations (see, e.g., New York), we still have the opportunity to influence the direction and scope of regulations if we come together as a community and show the world how we give every attention to how we operate our facilities.
Currently, pet care regulation is not only spotty, it’s also wildly inconsistent. Two recent tragedies at pet care facilities in the United States, demonstrate the uncertainty in legislatures on how to deal with pet care services. In Arizona, a reported 22 pets died of heat exhaustion at a “facility” run out of the owners’ house. Criminal charges were brought against them and, as we later learned, while there was an outcry for legislation, it never got off the ground. In contrast, in California, a reported 15 dogs died of smoke inhalation at a pet care facility. No charges were brought against the owner, but it sparked the creation of a bill initially designed to enforce fire safety protocols, but grew into a major boarding facility regulatory measure covering much more than fire safety. It was signed into law by the governor in September of this year. In short, we should be prepared for anything.
While, to date, self-regulation of the industry has failed to keep up with the culture shift to “pet parent” from “pet owner,” we have a big change coming over the next year as third party certification comes into play. This certification sets the standards for training and provides another resource for legislatures to consider – before regulation is contemplated or implemented.
- What questions do you get from regulatory bodies about pet care services?
The most common question revolves around off -leash dog play and the ratio of pets to service providers. What is the current ratio of pets to caretakers? What is the square foot standard per pet? What are the standards for the pet boarding industry to include doggy daycares?
Then, there are the questions concerning certifications and training programs. In this respect, we are a young industry. Because we have been an unregulated industry for 40 out of the last 50 plus years, we did not grow in standards and certifications in the ways that regulated industries grew. So, we spend a majority of our time educating regulatory bodies about what our industry does and what educational programs are available.
- Can you outline key components of the recent regulation passed in California?
SB945 is one of those legislative actions that found its roots in an accident at a pet care facility. The bill was initially funded and written by the California Humane Society. In its final form it addresses these major areas:
- Basic pet care in a facility
- Basic maintenance of the facility and enclosures
- Separation of sick and healthy pets
- Procedures for escaped pet
- Emergency procedures
- Facility training procedures to include safety programs for employees
- Outline of written documents to be released to the pet owner
- Requirements for fire alarm or suppression systems
- Inspections that can be completed by an Animal Control Officer
- Fines that can be implemented and violation classifications including misdemeanor charges
- Allows for cities and counties to set additional regulations or codes
One of IBPSA’s biggest concerns with what is now law is possible fines imposed by judges based on investigations completed by Animal Control Officers. There are not any similarities between a city pound/shelter and a commercial boarding facility. IBPSA is unsure what training will be provided to Animal Control Officers so that they truly understand how a commercial facility operates and the education process that happens within the facility.
The entire legislation is focused on procedures and processes that occur in a facility. IBPSA is happy to say that we have addressed most, if not all, of the other elements in the legislation in written programs available for our IBPSA members to help ensure that they meet these basic requirements.
- Do you think other states will follow this example?
With the Arizona example of no regulation and the California example of extreme regulation, the safe and likely bet is somewhere in the middle. Regulation is coming to our industry and we must be at the forefront guiding the legislation, and not trying to clean up bad legislation that came from a reaction to a negative event.
- How can pet service providers protect themselves?
Set written procedures. Have a safety program in place – get “Safety Certified” through IBPSA. Have an “Emergency Evacuation Plan” in place. Use a written “Educational Program” for your employees such as those by The Dog Gurus and IBPSA. Participate in third party certification through PACCC. Start building a following in your community about what sets your facility apart. Talk about what you do and, in particular, talk about the training your employees go through. Talk about the safety in your facility. Make it as exciting and important to your clients as the new blueberry facial or luxury suite. In short, become the Subject Matter Expert (SME) as it relates to pet boarding. And, probably, the most important action you could take is to get involved with other business groups and associations like IBPSA to help make an inroad to legislatures.
- How does IBPSA help their members and the industry overall?
IBPSA provides educational programs for not only facility owners and general managers but also the employees. We have two major areas of focus: “Business Best Practices” and “Employee Safety & Education.”
We also advocate for the industry with legislatures. This is done through education of legislatures when they call us. We also work with members to stop unfair legislation by providing information and reaching out to legislatures to start a conversation and thereby influence decisions. IBPSA is not a lobbyist group so we have a fine line that we cannot cross – rather, we stick to supporting our members and potentially influencing legislatures through education and insight into current industry data.
The Dog Gurus are proud members of IBPSA and encourage all of our members to join us to create a stronger voice for our industry. There are strength in numbers to regulators when IBPSA advocates on our behalf plus their educational programs compliment and expand on the safe off-leash play topics we provide you.This is a new book available in our industry that we thought might be helpful as you prepare your emergency plan: Hairy Situations: Crisis Planning, Response and Recovery for Your Pet Business by Sonya Wilson.
