Excessively hot water poses a serious scalding risk for apartment residents.
Ensure your maintenance protocols allow for safe water temperatures
to avoid resident injury and litigation.
Owners and property management companies are often defendants in lawsuits filed by victims of hot water scalding and in some cases the estates of the deceased victims. Experts who testify in these lawsuits often set forth serious allegations against owners who fail to monitor the temperature of water coming from their heaters into the apartments. Excessively hot water temperatures (that above 140 degrees Fahrenheit) often results in verdicts that favor the injured and deceased plaintiffs.
Having served as an expert in accidental scalding cases, I have seen examples of water ranging from 140 degrees to 160 degrees at the faucet and that was discharged from water heaters of all sizes. Any temperature above 120 degrees is considered hazardous.
Jury members often find photos of scalded children and elderly people offer graphic as damaging evidence. Unfortunately, these injuries and resulting lawsuits could have been avoided if the management staff followed proper maintenance practices.
It is strongly recommend that property management companies set forth a written protocol for water temperature monitoring and that supervisory staff enforce the protocols.
Set the Dial
To avoid the hazards of excessively hot water, apartment managers need a basic knowledge of how a water heater’s thermostat functions, according to Russell Fote, PE, CSP, CFEI, an expert safety engineer. He advises that managers first read the heater’s owner’s manual and adjust the thermostat so that the water temperature at the faucet is 120 degrees. My advice is consistent with Mr. Fote’s.
Apartment managers also should follow the recommendations of equipment suppliers. Note the warnings posted on the water heaters and follow the advice.
Furthermore, diligent owners should warn their residents to not adjust their water heater settings and to call the management office and request that the maintenance staff adjust the heater after testing the temperature.
Large, domestic water heaters typically have thermostats with temperatures indicated on the dials, whereas small heaters do not. The smaller heaters have thermostats dials with settings of hot, warm and vacation. Thus the smaller, individual water heaters need to have the actual delivery temperature checked at the faucet. However, to be safe, check the water temperature at the faucet even when it comes to the large/common systems.
Proper Procedures
Once the water heater’s temperature is properly set, apartment managers should institute maintenance procedures to ensure the heaters continue to provide water at temperatures no greater than 120 degrees.
Following are suggested practices for residential rental properties.
1. Provide a check-off box for water temperature on in/out inspection forms:
a. Perform a visual inspection of the heater temperature setting. A setting of warm or slightly below warm typically provides 120-degree water at the faucet.
b. Test the water temperature at a bathroom faucet by using an oven thermometer, typically available for approximately $9.
2. Annually inspect each unit using the same in/out inspection form. A good habit would be to check the units at the same time that smoke detectors and CO detectors are checked.
3. Require maintenance technicians to check the water heater when they are replacing the furnace filters. Many apartments that have individual water heaters have the heater right next to the furnace in a utility closet within the rental unit.
4. As part of the new residents’ move-in packet, include a simple warning letter regarding excessively hot water temperature. Include language from the water heater manual. This letter should remind residents not to adjust the setting on the heater and that such adjustments must be done by the management.
5. Place an adhesive sticker on the heater advising the resident that the water heater thermostat is set to provide 120-degree water at the faucet and that the resident should never adjust the thermostat.
6. Finally, place a check-off form on or near the water heater with spaces for the maintenance technicians to note when the temperature is checked.
Facts on Hot Water Temperature
1. The Uniform Plumbing Code, 1991 edition; the Standard Plumbing Code, 1994 edition; and the International Plumbing Code, 1995 edition have been adopted by many cities. These codes require that the maximum delivery temperature of water in showers shall not exceed 120 degrees.
2. The U.S. Consumer Product Safety Commission (CPSC) in 1996 urged all water heater owners to adjust their thermostats to provide 120-degree water at the faucet. The CPSC estimates that each year between 3,800 and 5,000 people seek emergency room treatment and 34 people die after scalding from excessively hot tap water. Most who are scalded are under age 15, over age 65 or are persons with disabilities.
3. The Shriners Hospitals estimates that more than 4,000 children are scalded every year, most while bathing. Shriners Hospitals recommends that the water provided be no more than 120 degrees.
4. Children aged 5 or less are at high risk of scalding burns when water temperature is over 120 degrees. These burns can be fatal.
Gerald Sobczak is an expert witness in accidental scaling cases based in Fond du Lac, Wis. He can be reached at 920/238-9310 or geraldsobczak@charter.net.
This information should not be construed as legal advice or opinion and is offered to property managers and owners in an effort to prevent scalding injuries from occurring in their apartments.
The large warning label commonly affixed to water heaters contains
the following language:
DANGER
Water temperature over 125 degrees can cause severe burns instantly or death from scalding.
Children, disabled and elderly are at highest risk of being scalded.
See instructions manual before setting temperature at water heater.
Temperature limiting valves are available. See manual.