A00061 Summary:

BILL NOA00061
 
SAME ASNo same as
 
SPONSORKavanagh (MS)
 
COSPNSRBenedetto, Gottfried
 
MLTSPNSRBrook-Krasny, Cahill, Camara, Colton, Finch, Gunther, Markey, McKevitt, Schimel, Weisenberg
 
Amd S378, Exec L; add S75-a, Mult Dwell L; add S16, Mult Res L; add S137, Gen Muni L
 
Requires a maximum water temperature of 120 degrees fahrenheit in any dwelling unit in a one-family, two-family, or multi-family, tenant occupied dwelling.
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A00061 Actions:

BILL NOA00061
 
01/09/2013referred to governmental operations
01/08/2014referred to governmental operations
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A00061 Floor Votes:

There are no votes for this bill in this legislative session.
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A00061 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           61
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 9, 2013
                                       ___________
 
        Introduced  by  M.  of  A.  KAVANAGH, BENEDETTO, GOTTFRIED, STEVENSON --
          Multi-Sponsored by -- M.  of A. BOYLAND, BROOK-KRASNY, CAHILL, CAMARA,
          COLTON, FINCH, GUNTHER, MARKEY, McKEVITT, SCHIMEL, WEISENBERG --  read
          once and referred to the Committee on Governmental Operations
 

        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:
 
     1    Section  1. This act shall be known and may be cited as the "household
     2  scalding safety act".
     3    § 2. Legislative findings and intent. The legislature hereby finds and
     4  declares it necessary  to  prevent  scalding  burns  by  requiring  safe
     5  temperatures  for  tap water in multiple-family dwellings and one-family
     6  and two-family dwelling units occupied by one or more tenants.

     7    Studies have shown that water at 160 degrees  Fahrenheit  causes  full
     8  thickness  or  "third-degree"  burns  within  one  second;  water at 140
     9  degrees causes such burns in six seconds; water at  130  degrees  causes
    10  such  burns in thirty seconds. Shockingly, tap water temperatures hotter
    11  than 160 degrees Fahrenheit have been found in homes within the state of
    12  New York.
    13    The U.S. Consumer Product Safety Commission estimates that  nationwide
    14  approximately  3,800 injuries and 34 deaths result each year from scald-
    15  ing by excessively hot tap water in the  home.    Children  and  elderly
    16  persons  are  particularly  susceptible to such burns given the delicacy
    17  and sensitivity of their skin.
    18    Accordingly, the legislature  finds  it  necessary  to  prevent  burns
    19  caused   by   excessively   hot   tap  water  by  mandating  temperature
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02975-01-3

        A. 61                               2
 
     1  restrictions in multiple-family dwellings and one-family and  two-family
     2  dwelling  units occupied by one or more tenants. The U.S. Consumer Prod-
     3  uct Safety Commission has concluded  that  a  safe  temperature  is  120
     4  degrees  Fahrenheit in that it would take approximately five minutes for
     5  water at such temperature to cause a full thickness burn.
     6    The  legislature  further  predicts  that  such  mandated  temperature
     7  restrictions will lead to decreased utility costs for landlords and will
     8  not  have  any  negative  impact  on the quality of the water. Moreover,

     9  implementing these standards will be low in cost to most landlords. Most
    10  landlords can comply with these standards by adjusting  the  thermostat.
    11  Others  may  install  anti-scald  devices or other certified temperature
    12  control mechanisms.
    13    § 3. Section 378 of the executive law  is  amended  by  adding  a  new
    14  subdivision 17 to read as follows:
    15    17.  Anti-scald  standards.  a.  As used in this subdivision, the term
    16  "anti-scald device" shall mean a device which prevents a bathtub,  show-
    17  er,  washbasin,  or  sink  from  emitting  water having a temperature in
    18  excess of one hundred twenty degrees Fahrenheit, such as  a  temperature
    19  control  valve,  a  pressure  balance  valve, or an anti-scald valve and
    20  which is either to be installed before  or  which  is  affixed  to  such

    21  fixture.  Such  device  shall meet one of the accepted National Standard
    22  Plumbing Codes: the Building Officials  and  Code  Administration,  Inc.
    23  (BOCA),  the  International Association of Plumbing and Mechanical Offi-
    24  cials (IAPMO), the Southern Building Code Congress International (SBCCI)
    25  or the National Standard Plumbing Code (NSPC).
    26    b. No bathtub, shower, washbasin or sink in any  dwelling  unit  in  a
    27  multiple  dwelling  or tenant-occupied one-family or two-family dwelling
    28  shall emit water having a temperature in excess of  one  hundred  twenty
    29  degrees Fahrenheit.
    30    c. Any owner of a dwelling found to emit water that exceeds the stand-
    31  ard  in  paragraph  b  of this subdivision shall be in violation of this

    32  section and shall be liable for a fine.
    33    (i) If the  water  temperature  exceeds  one  hundred  twenty  degrees
    34  Fahrenheit  but  does  not exceed one hundred thirty degrees Fahrenheit,
    35  the fine shall be two hundred fifty dollars for the first violation  and
    36  five hundred dollars for the second and any subsequent violation.
    37    (ii)  If  the  water  temperature  exceeds  one hundred thirty degrees
    38  Fahrenheit but does not exceed one hundred forty degrees Fahrenheit, the
    39  fine shall be five hundred dollars for the first violation and one thou-
    40  sand dollars for the second and any subsequent violation.
    41    (iii) If the water  temperature  exceeds  one  hundred  forty  degrees
    42  Fahrenheit,  the  fine  shall  be  one  thousand  dollars  for the first

    43  violation and two thousand dollars for the  second  and  any  subsequent
    44  violation.
    45    d.  Notwithstanding  any  provision  of law, rule or regulation to the
    46  contrary, any owner of a residence who  installs  an  anti-scald  device
    47  pursuant to this subdivision shall not be:
    48    (i)  responsible to any person for injuries caused solely by the fail-
    49  ure of such device to operate properly if the device has  been  tampered
    50  with or rendered inoperable by the occupants of such residence; or
    51    (ii)  responsible to any person or subject to penalty of law for fail-
    52  ure to deliver hot water continuously  or  at  any  minimum  temperature
    53  required  by  any law, rule or regulation solely by reason of the proper

    54  operation of the anti-scald device.
    55    e. Installation of an anti-scald device, or any work necessary to  the
    56  installation of such device to comply with this section, shall not qual-

        A. 61                               3
 
     1  ify  for a rent increase under any provision of law implemented to regu-
     2  late such rents.
     3    § 4. The multiple dwelling law is amended by adding a new section 75-a
     4  to read as follows:
     5    §  75-a.  Anti-scald  standards.  1. As used in this section, the term
     6  "anti-scald device" shall mean a device which prevents a bathtub,  show-
     7  er,  washbasin,  or  sink  from  emitting  water having a temperature in
     8  excess of one hundred twenty degrees  Fahrenheit,  such  as  temperature

     9  control valves, pressure balance valves, or anti-scald valves, and which
    10  is  either  to  be installed before or which is affixed to such fixture.
    11  Such device shall meet one of the accepted  National  Standard  Plumbing
    12  Codes: the Building Officials and Code Administration, Inc.  (BOCA), the
    13  International  Association of Plumbing and Mechanical Officials (IAPMO),
    14  the  Southern  Building  Code  Congress  International  (SBCCI)  or  the
    15  National Standard Plumbing Code (NSPC).
    16    2.  No  bathtub,  shower, washbasin, or sink in any dwelling unit in a
    17  multiple dwelling or tenant-occupied one-family or  two-family  dwelling
    18  shall  emit  water  having a temperature in excess of one hundred twenty
    19  degrees Fahrenheit.

    20    3. Any owner of such a dwelling found to emit water that  exceeds  the
    21  standard  in  subdivision  two  of this section shall be in violation of
    22  this section and shall be liable for a fine.
    23    (a) If the  water  temperature  exceeds  one  hundred  twenty  degrees
    24  Fahrenheit  but  does  not exceed one hundred thirty degrees Fahrenheit,
    25  the fine shall be two hundred fifty dollars for the first violation  and
    26  five hundred dollars for the second and any subsequent violation.
    27    (b)  If  the  water  temperature  exceeds  one  hundred thirty degrees
    28  Fahrenheit but does not exceed one hundred forty degrees Fahrenheit, the
    29  fine shall be five hundred dollars for the first violation and one thou-
    30  sand dollars for the second and any subsequent violation.

    31    (c) If the water temperature exceeds one hundred forty degrees Fahren-
    32  heit, the fine shall be one thousand dollars for the first violation and
    33  two thousand dollars for the second and any subsequent violation.
    34    4. Notwithstanding any provision of law, rule  or  regulation  to  the
    35  contrary,  any  owner  of  a residence who installs an anti-scald device
    36  pursuant to this section shall not be:
    37    a. responsible to any person for injuries caused solely by the failure
    38  of such device to operate properly if the device has been tampered  with
    39  or rendered inoperable by the occupants of such residence; or
    40    b.  responsible to any person or subject to penalty of law for failure
    41  to deliver hot water continuously or at any minimum temperature required

    42  by any law, rule or regulation solely by reason of the proper  operation
    43  of the anti-scald device.
    44    5.  Installation of an anti-scald device, or any work necessary to the
    45  installation of such device to comply with this section, shall not qual-
    46  ify for a rent increase under any provision of law implemented to  regu-
    47  late such rents.
    48    §  5. The multiple residence law is amended by adding a new section 16
    49  to read as follows:
    50    § 16. Anti-scald standards. 1. As  used  in  this  section,  the  term
    51  "anti-scald  device" shall mean a device which prevents a bathtub, show-
    52  er, washbasin, or sink from  emitting  water  having  a  temperature  in
    53  excess  of  one hundred twenty degrees Fahrenheit, such as a temperature

    54  control valve, pressure balance valve,  or  an  anti-scald  device,  and
    55  which  is  either  to  be  installed  before or which is affixed to such
    56  fixture. Such devices shall meet one of the accepted  National  Standard

        A. 61                               4
 
     1  Plumbing  Codes:  the  Building  Officials and Code Administration, Inc.
     2  (BOCA), the International Association of Plumbing and  Mechanical  Offi-
     3  cials (IAPMO), the Southern Building Code Congress International (SBCCI)
     4  or the National Standard Plumbing Code (NSPC).
     5    2.  No  bathtub,  shower, washbasin, or sink in any dwelling unit in a
     6  multiple dwelling or tenant occupied one-family or  two-family  dwelling

     7  shall  emit  water  having a temperature in excess of one hundred twenty
     8  degrees Fahrenheit.
     9    3. Any owner of a dwelling found to emit water that exceeds the stand-
    10  ard in subdivision two of this section shall be  in  violation  of  this
    11  section and shall be liable for a fine.
    12    (a)  If  the  water  temperature  exceeds  one  hundred twenty degrees
    13  Fahrenheit but does not exceed one hundred  thirty  degrees  Fahrenheit,
    14  the  fine shall be two hundred fifty dollars for the first violation and
    15  five hundred dollars for the second and any subsequent violation.
    16    (b) If the  water  temperature  exceeds  one  hundred  thirty  degrees
    17  Fahrenheit but does not exceed one hundred forty degrees Fahrenheit, the

    18  fine shall be five hundred dollars for the first violation and one thou-
    19  sand dollars for the second and any subsequent violation.
    20    (c) If the water temperature exceeds one hundred forty degrees Fahren-
    21  heit, the fine shall be one thousand dollars for the first violation and
    22  two thousand dollars for the second and any subsequent violation.
    23    4.  Notwithstanding  any  provision  of law, rule or regulation to the
    24  contrary, any owner of a residence who  installs  an  anti-scald  device
    25  pursuant to this section shall not be:
    26    (a)  responsible to any person for injuries caused solely by the fail-
    27  ure of such device to operate properly if the device has  been  tampered
    28  with or rendered inoperable by the occupants of such residence; or

    29    (b) responsible to any person or subject to penalty of law for failure
    30  to deliver hot water continuously or at any minimum temperature required
    31  by  any law, rule or regulation solely by reason of the proper operation
    32  of the anti-scald device.
    33    5. Installation of an anti-scald device, or any work necessary to  the
    34  installation of such device to comply with this section, shall not qual-
    35  ify  for a rent increase under any provision of law implemented to regu-
    36  late such rents.
    37    § 6. The general municipal law is amended by adding a new section  137
    38  to read as follows:
    39    § 137. Minimum temperature for tap water. If any municipal corporation
    40  enacts a local law, rule, ordinance, or regulation relating to the mini-

    41  mum  temperature  of  tap  water  supplied to a residence, the municipal
    42  corporation shall ensure that such minimum temperature is no higher than
    43  one hundred ten degrees Fahrenheit.
    44    § 7. This act shall take effect on the one hundred eightieth day after
    45  it shall have become  a  law.  Effective  immediately,  the  state  fire
    46  prevention  and  building  code  council  shall promulgate the standards
    47  required by this act.
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