NY State Senate Bill 2009-S2751

Senate Bill S2751

2009-2010 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to housing, construction and community development
Mar 02, 2009	referred to housing, construction and community development

2009-S2751 (ACTIVE) - Details

See Assembly Version of this Bill:: A430
Current Committee:: Senate Housing, Construction And Community Development
Law Section:: Executive Law
Laws Affected:: Amd §378, Exec L; add §75-a, Mult Dwell L; add §16, Mult Res L; add §137, Gen Muni L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S2166, A5834
2013-2014: A61
2015-2016: A5859

2009-S2751 (ACTIVE) - Summary

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

2009-S2751 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2751

 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 temperatures


 PURPOSE OR GENERAL IDEA OF BILL :

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 SPECIFIC 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 Commission 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
thickness 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 excessively 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 temperature control mechanism.

 PRIOR LEGISLATIVE HISTORY :

2008:  S.8200 - Housing

 FISCAL IMPLICATIONS :

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.

2009-S2751 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2751

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              March 2, 2009
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Housing, Construction  and
  Community Development

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 temperatures

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. This act shall be known and may be cited as the "household
scalding safety act".
  S 2. Legislative findings and intent. The legislature hereby finds and
declares it necessary  to  prevent  scalding  burns  by  requiring  safe
temperatures  for  tap water in multiple-family dwellings and one-family
and two-family dwelling units occupied by one or more tenants.
  Studies have shown that water at 160 degrees  Fahrenheit  causes  full
thickness  or  "third-degree"  burns  within  one  second;  water at 140
degrees causes such burns in six seconds; water at  130  degrees  causes
such  burns in thirty seconds. Shockingly, tap water temperatures hotter
than 160 degrees Fahrenheit have been found in homes within the state of
New York.
  The U.S. Consumer Product Safety Commission estimates that  nationwide
approximately  3,800 injuries and 34 deaths result each year from scald-
ing by excessively hot tap water in the  home.    Children  and  elderly
persons  are  particularly  susceptible to such burns given the delicacy
and sensitivity of their skin.
  Accordingly, the legislature  finds  it  necessary  to  prevent  burns
caused   by   excessively   hot   tap  water  by  mandating  temperature
restrictions in multiple-family dwellings and one-family and  two-family
dwelling  units occupied by one or more tenants. The U.S. Consumer Prod-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01006-01-9

S. 2751                             2

uct Safety Commission has concluded  that  a  safe  temperature  is  120
degrees  Fahrenheit in that it would take approximately five minutes for
water at such temperature to cause a full thickness burn.
  The  legislature  further  predicts  that  such  mandated  temperature
restrictions will lead to decreased utility costs for landlords and will
not have any negative impact on the  quality  of  the  water.  Moreover,
implementing these standards will be low in cost to most landlords. Most
landlords  can  comply with these standards by adjusting the thermostat.
Others may install anti-scald devices  or  other  certified  temperature
control mechanisms.
  S  3.  Section  378  of  the  executive law is amended by adding a new
subdivision 17 to read as follows:
  17. ANTI-SCALD STANDARDS. A. AS USED IN  THIS  SUBDIVISION,  THE  TERM
"ANTI-SCALD  DEVICE" SHALL MEAN A DEVICE WHICH PREVENTS A BATHTUB, SHOW-
ER, WASHBASIN, OR SINK FROM  EMITTING  WATER  HAVING  A  TEMPERATURE  IN
EXCESS  OF  ONE HUNDRED TWENTY DEGREES FAHRENHEIT, SUCH AS A TEMPERATURE
CONTROL VALVE, A PRESSURE BALANCE VALVE,  OR  AN  ANTI-SCALD  VALVE  AND
WHICH  IS  EITHER  TO  BE  INSTALLED  BEFORE OR WHICH IS AFFIXED TO SUCH
FIXTURE. SUCH DEVICE SHALL MEET ONE OF THE  ACCEPTED  NATIONAL  STANDARD
PLUMBING  CODES:  THE  BUILDING  OFFICIALS AND CODE ADMINISTRATION, INC.
(BOCA), THE INTERNATIONAL ASSOCIATION OF PLUMBING AND  MECHANICAL  OFFI-
CIALS (IAPMO), THE SOUTHERN BUILDING CODE CONGRESS INTERNATIONAL (SBCCI)
OR THE NATIONAL STANDARD PLUMBING CODE (NSPC).
  B.  NO  BATHTUB,  SHOWER,  WASHBASIN OR SINK IN ANY DWELLING UNIT IN A
MULTIPLE DWELLING OR TENANT-OCCUPIED ONE-FAMILY OR  TWO-FAMILY  DWELLING
SHALL  EMIT  WATER  HAVING A TEMPERATURE IN EXCESS OF ONE HUNDRED TWENTY
DEGREES FAHRENHEIT.
  C. ANY OWNER OF A DWELLING FOUND TO EMIT WATER THAT EXCEEDS THE STAND-
ARD IN PARAGRAPH B OF THIS SUBDIVISION SHALL BE  IN  VIOLATION  OF  THIS
SECTION AND SHALL BE LIABLE FOR A FINE.
  (I)  IF  THE  WATER  TEMPERATURE  EXCEEDS  ONE  HUNDRED TWENTY DEGREES
FAHRENHEIT BUT DOES NOT EXCEED ONE HUNDRED  THIRTY  DEGREES  FAHRENHEIT,
THE  FINE SHALL BE TWO HUNDRED FIFTY DOLLARS FOR THE FIRST VIOLATION AND
FIVE HUNDRED DOLLARS FOR THE SECOND AND ANY SUBSEQUENT VIOLATION.
  (II) IF THE WATER  TEMPERATURE  EXCEEDS  ONE  HUNDRED  THIRTY  DEGREES
FAHRENHEIT BUT DOES NOT EXCEED ONE HUNDRED FORTY DEGREES FAHRENHEIT, THE
FINE SHALL BE FIVE HUNDRED DOLLARS FOR THE FIRST VIOLATION AND ONE THOU-
SAND DOLLARS FOR THE SECOND AND ANY SUBSEQUENT VIOLATION.
  (III)  IF  THE  WATER  TEMPERATURE  EXCEEDS  ONE HUNDRED FORTY DEGREES
FAHRENHEIT, THE FINE  SHALL  BE  ONE  THOUSAND  DOLLARS  FOR  THE  FIRST
VIOLATION  AND  TWO  THOUSAND  DOLLARS FOR THE SECOND AND ANY SUBSEQUENT
VIOLATION.
  D. NOTWITHSTANDING ANY PROVISION OF LAW, RULE  OR  REGULATION  TO  THE
CONTRARY,  ANY  OWNER  OF  A RESIDENCE WHO INSTALLS AN ANTI-SCALD DEVICE
PURSUANT TO THIS SUBDIVISION SHALL NOT BE:
  (I) RESPONSIBLE TO ANY PERSON FOR INJURIES CAUSED SOLELY BY THE  FAIL-
URE  OF  SUCH DEVICE TO OPERATE PROPERLY IF THE DEVICE HAS BEEN TAMPERED
WITH OR RENDERED INOPERABLE BY THE OCCUPANTS OF SUCH RESIDENCE; OR
  (II) RESPONSIBLE TO ANY PERSON OR SUBJECT TO PENALTY OF LAW FOR  FAIL-
URE  TO  DELIVER  HOT  WATER  CONTINUOUSLY OR AT ANY MINIMUM TEMPERATURE
REQUIRED BY ANY LAW, RULE OR REGULATION SOLELY BY REASON OF  THE  PROPER
OPERATION OF THE ANTI-SCALD DEVICE.
  E.  INSTALLATION OF AN ANTI-SCALD DEVICE, OR ANY WORK NECESSARY TO THE
INSTALLATION OF SUCH DEVICE TO COMPLY WITH THIS SECTION, SHALL NOT QUAL-
IFY FOR A RENT INCREASE UNDER ANY PROVISION OF LAW IMPLEMENTED TO  REGU-
LATE SUCH RENTS.

S. 2751                             3

  S 4. The multiple dwelling law is amended by adding a new section 75-a
to read as follows:
  S  75-A.  ANTI-SCALD  STANDARDS.  1. AS USED IN THIS SECTION, THE TERM
"ANTI-SCALD DEVICE" SHALL MEAN A DEVICE WHICH PREVENTS A BATHTUB,  SHOW-
ER,  WASHBASIN,  OR  SINK  FROM  EMITTING  WATER HAVING A TEMPERATURE IN
EXCESS OF ONE HUNDRED TWENTY DEGREES  FAHRENHEIT,  SUCH  AS  TEMPERATURE
CONTROL VALVES, PRESSURE BALANCE VALVES, OR ANTI-SCALD VALVES, AND WHICH
IS  EITHER  TO  BE INSTALLED BEFORE OR WHICH IS AFFIXED TO SUCH FIXTURE.
SUCH DEVICE SHALL MEET ONE OF THE ACCEPTED  NATIONAL  STANDARD  PLUMBING
CODES: THE BUILDING OFFICIALS AND CODE ADMINISTRATION, INC.  (BOCA), THE
INTERNATIONAL  ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS (IAPMO),
THE  SOUTHERN  BUILDING  CODE  CONGRESS  INTERNATIONAL  (SBCCI)  OR  THE
NATIONAL STANDARD PLUMBING CODE (NSPC).
  2.  NO  BATHTUB,  SHOWER, WASHBASIN, OR SINK IN ANY DWELLING UNIT IN A
MULTIPLE DWELLING OR TENANT-OCCUPIED ONE-FAMILY OR  TWO-FAMILY  DWELLING
SHALL  EMIT  WATER  HAVING A TEMPERATURE IN EXCESS OF ONE HUNDRED TWENTY
DEGREES FAHRENHEIT.
  3. ANY OWNER OF SUCH A DWELLING FOUND TO EMIT WATER THAT  EXCEEDS  THE
STANDARD  IN  SUBDIVISION  TWO  OF THIS SECTION SHALL BE IN VIOLATION OF
THIS SECTION AND SHALL BE LIABLE FOR A FINE.
  (A) IF THE  WATER  TEMPERATURE  EXCEEDS  ONE  HUNDRED  TWENTY  DEGREES
FAHRENHEIT  BUT  DOES  NOT EXCEED ONE HUNDRED THIRTY DEGREES FAHRENHEIT,
THE FINE SHALL BE TWO HUNDRED FIFTY DOLLARS FOR THE FIRST VIOLATION  AND
FIVE HUNDRED DOLLARS FOR THE SECOND AND ANY SUBSEQUENT VIOLATION.
  (B)  IF  THE  WATER  TEMPERATURE  EXCEEDS  ONE  HUNDRED THIRTY DEGREES
FAHRENHEIT BUT DOES NOT EXCEED ONE HUNDRED FORTY DEGREES FAHRENHEIT, THE
FINE SHALL BE FIVE HUNDRED DOLLARS FOR THE FIRST VIOLATION AND ONE THOU-
SAND DOLLARS FOR THE SECOND AND ANY SUBSEQUENT VIOLATION.
  (C) IF THE WATER TEMPERATURE EXCEEDS ONE HUNDRED FORTY DEGREES FAHREN-
HEIT, THE FINE SHALL BE ONE THOUSAND DOLLARS FOR THE FIRST VIOLATION AND
TWO THOUSAND DOLLARS FOR THE SECOND AND ANY SUBSEQUENT VIOLATION.
  4. NOTWITHSTANDING ANY PROVISION OF LAW, RULE  OR  REGULATION  TO  THE
CONTRARY,  ANY  OWNER  OF  A RESIDENCE WHO INSTALLS AN ANTI-SCALD DEVICE
PURSUANT TO THIS SECTION SHALL NOT BE:
  A. RESPONSIBLE TO ANY PERSON FOR INJURIES CAUSED SOLELY BY THE FAILURE
OF SUCH DEVICE TO OPERATE PROPERLY IF THE DEVICE HAS BEEN TAMPERED  WITH
OR RENDERED INOPERABLE BY THE OCCUPANTS OF SUCH RESIDENCE; OR
  B.  RESPONSIBLE TO ANY PERSON OR SUBJECT TO PENALTY OF LAW FOR FAILURE
TO DELIVER HOT WATER CONTINUOUSLY OR AT ANY MINIMUM TEMPERATURE REQUIRED
BY ANY LAW, RULE OR REGULATION SOLELY BY REASON OF THE PROPER  OPERATION
OF THE ANTI-SCALD DEVICE.
  5.  INSTALLATION OF AN ANTI-SCALD DEVICE, OR ANY WORK NECESSARY TO THE
INSTALLATION OF SUCH DEVICE TO COMPLY WITH THIS SECTION, SHALL NOT QUAL-
IFY FOR A RENT INCREASE UNDER ANY PROVISION OF LAW IMPLEMENTED TO  REGU-
LATE SUCH RENTS.
  S  5. The multiple residence law is amended by adding a new section 16
to read as follows:
  S 16. ANTI-SCALD STANDARDS. 1. AS  USED  IN  THIS  SECTION,  THE  TERM
"ANTI-SCALD  DEVICE" SHALL MEAN A DEVICE WHICH PREVENTS A BATHTUB, SHOW-
ER, WASHBASIN, OR SINK FROM  EMITTING  WATER  HAVING  A  TEMPERATURE  IN
EXCESS  OF  ONE HUNDRED TWENTY DEGREES FAHRENHEIT, SUCH AS A TEMPERATURE
CONTROL VALVE, PRESSURE BALANCE VALVE,  OR  AN  ANTI-SCALD  DEVICE,  AND
WHICH  IS  EITHER  TO  BE  INSTALLED  BEFORE OR WHICH IS AFFIXED TO SUCH
FIXTURE. SUCH DEVICES SHALL MEET ONE OF THE ACCEPTED  NATIONAL  STANDARD
PLUMBING  CODES:  THE  BUILDING  OFFICIALS AND CODE ADMINISTRATION, INC.
(BOCA), THE INTERNATIONAL ASSOCIATION OF PLUMBING AND  MECHANICAL  OFFI-

S. 2751                             4

CIALS (IAPMO), THE SOUTHERN BUILDING CODE CONGRESS INTERNATIONAL (SBCCI)
OR THE NATIONAL STANDARD PLUMBING CODE (NSPC).
  2.  NO  BATHTUB,  SHOWER, WASHBASIN, OR SINK IN ANY DWELLING UNIT IN A
MULTIPLE DWELLING OR TENANT OCCUPIED ONE-FAMILY OR  TWO-FAMILY  DWELLING
SHALL  EMIT  WATER  HAVING A TEMPERATURE IN EXCESS OF ONE HUNDRED TWENTY
DEGREES FAHRENHEIT.
  3. ANY OWNER OF A DWELLING FOUND TO EMIT WATER THAT EXCEEDS THE STAND-
ARD IN SUBDIVISION TWO OF THIS SECTION SHALL BE  IN  VIOLATION  OF  THIS
SECTION AND SHALL BE LIABLE FOR A FINE.
  (A)  IF  THE  WATER  TEMPERATURE  EXCEEDS  ONE  HUNDRED TWENTY DEGREES
FAHRENHEIT BUT DOES NOT EXCEED ONE HUNDRED  THIRTY  DEGREES  FAHRENHEIT,
THE  FINE SHALL BE TWO HUNDRED FIFTY DOLLARS FOR THE FIRST VIOLATION AND
FIVE HUNDRED DOLLARS FOR THE SECOND AND ANY SUBSEQUENT VIOLATION.
  (B) IF THE  WATER  TEMPERATURE  EXCEEDS  ONE  HUNDRED  THIRTY  DEGREES
FAHRENHEIT BUT DOES NOT EXCEED ONE HUNDRED FORTY DEGREES FAHRENHEIT, THE
FINE SHALL BE FIVE HUNDRED DOLLARS FOR THE FIRST VIOLATION AND ONE THOU-
SAND DOLLARS FOR THE SECOND AND ANY SUBSEQUENT VIOLATION.
  (C) IF THE WATER TEMPERATURE EXCEEDS ONE HUNDRED FORTY DEGREES FAHREN-
HEIT, THE FINE SHALL BE ONE THOUSAND DOLLARS FOR THE FIRST VIOLATION AND
TWO THOUSAND DOLLARS FOR THE SECOND AND ANY SUBSEQUENT VIOLATION.
  4.  NOTWITHSTANDING  ANY  PROVISION  OF LAW, RULE OR REGULATION TO THE
CONTRARY, ANY OWNER OF A RESIDENCE WHO  INSTALLS  AN  ANTI-SCALD  DEVICE
PURSUANT TO THIS SECTION SHALL NOT BE:
  (A)  RESPONSIBLE TO ANY PERSON FOR INJURIES CAUSED SOLELY BY THE FAIL-
URE OF SUCH DEVICE TO OPERATE PROPERLY IF THE DEVICE HAS  BEEN  TAMPERED
WITH OR RENDERED INOPERABLE BY THE OCCUPANTS OF SUCH RESIDENCE; OR
  (B) RESPONSIBLE TO ANY PERSON OR SUBJECT TO PENALTY OF LAW FOR FAILURE
TO DELIVER HOT WATER CONTINUOUSLY OR AT ANY MINIMUM TEMPERATURE REQUIRED
BY  ANY LAW, RULE OR REGULATION SOLELY BY REASON OF THE PROPER OPERATION
OF THE ANTI-SCALD DEVICE.
  5. INSTALLATION OF AN ANTI-SCALD DEVICE, OR ANY WORK NECESSARY TO  THE
INSTALLATION OF SUCH DEVICE TO COMPLY WITH THIS SECTION, SHALL NOT QUAL-
IFY  FOR A RENT INCREASE UNDER ANY PROVISION OF LAW IMPLEMENTED TO REGU-
LATE SUCH RENTS.
  S 6. The general municipal law is amended by adding a new section  137
to read as follows:
  S 137. MINIMUM TEMPERATURE FOR TAP WATER. IF ANY MUNICIPAL CORPORATION
ENACTS A LOCAL LAW, RULE, ORDINANCE, OR REGULATION RELATING TO THE MINI-
MUM  TEMPERATURE  OF  TAP  WATER  SUPPLIED TO A RESIDENCE, THE MUNICIPAL
CORPORATION SHALL ENSURE THAT SUCH MINIMUM TEMPERATURE IS NO HIGHER THAN
ONE HUNDRED TEN DEGREES FAHRENHEIT.
  S 7. This act shall take effect on the one hundred eightieth day after
it shall have become  a  law.  Effective  immediately,  the  state  fire
prevention  and  building  code  council  shall promulgate the standards
required by this act.

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