Requires a maximum water temperature of 120 degrees in any dwelling unit in a one-family, two-family, or multi-family, tenant occupied dwelling

BILL NUMBER:A430

Title of bill

An act to amend the executive law, the multiple dwelling law and the multiple residence law, in relation to preventing scalding burns by requiring safe temperatures for tap water in multiple dwellings and one-family and two-family tenant occupied dwelling units; and to amend the general municipal law, in relation to minimum water temper- atures

Purpose

To prevent scalding burns by establishing a maximum temperature of 120 degrees Fahrenheit for tap water in multiple dwellings and one- family and two-family tenant occupied dwellings.

Summary of provisions

This bill amends Section 378 of the executive law by adding a new subdivision 17, the multiple dwelling law by adding a new section 75-a, and the multiple residence law by adding a new section 16. In each case, the new section establishes standards for anti-scald devices, requires that the temperature of household tap water shall not exceed 120 degrees Fahrenheit, specifies penalties for violation, and limits the liability of landlords in the event that an anti-scald device is tampered with by a dwelling's occupants. The bill also amends the general municipal law by adding a new section 137 to ensure that minimum temperatures set by local law do not conflict with the maximum set in this bill, and specifies that the cost of complying with the new maximum temperature standard shall not be the basis for rent increases in rent regulated housing.

Justification

Estimates from the U.S. Consumer Product Safety Commis- sion indicate that approximately 3,800 injuries and 34 deaths occur nationally each year from scalding burns in the home. A majority of these incidents involve children under five and the elderly, whose skin is more sensitive to burns. This legislation seeks to prevent injuries related to scalding tap water by requiring safe temperatures for water; emitted from faucets in tenant occupied homes.

Currently, there exists no New York State law mandating a maximum temperature for tap water. Given the lack of regulation, temperature exceeding 160 degrees Fahrenheit have been found in homes within the state. Considering that water at this temperature causes a full thick- ness or "third-degree," burn within one second, and that water at 140 degrees Fahrenheit can cause such a burn in six seconds, temperature controls are needed to prevent burns and other injuries caused by exces- sively hot tap water. The U.S. Consumer Product Safety Commission has determined 120 degrees Fahrenheit to be a safe temperature to that it would take approximately 5 minutes for water at such a temperature to cause a full thickness burn.

In addition to improved safety, it is expected that an overall decrease in tap water temperature will result in decreased utility costs. The anticipated cost of implementing these standards will be low for most landlords, as compliance can generally be achieved by simply adjusting

the thermostat or installing all anti-scald device or certified temper- ature control mechanism.

Prior legislative history

2008: A10292 (Kavanagh) - Governmental Oper- ations Similar to A5061A of 1995.

Fiscal impact on the state

Minimal.

Effective date

This act shall take effect 180 days after it shall have become law; provided, however, the state fire prevention and building code council may begin work immediately to promulgate the standards required by this act.