GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1989

H	1 

HOUSE BILL 1060

Short Title:  Water Heater Temperature.	(Public)
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Sponsors: Representative Hackney.
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Referred to:  Human Resources.
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April 6, 1989

A BILL TO BE ENTITLED
AN ACT TO REGULATE THE TEMPERATURE OF HOME WATER HEATERS TO HELP REDUCE THE RISK OF INJURIES AND DEATH.
The General Assembly of North Carolina enacts:
Section 1.  Chapter 143 of the General Statutes is amended by adding a new section to read:
"§ 143-143.3.  Water heater thermostat settings.
(a)	The thermostat of any new residential water  heater offered for sale or lease for use in a single-family or multi-unit residential dwelling in this State shall be preset by the manufacturer no higher than 120° Fahrenheit (or 49° Celsius).  A water heating system may utilize a higher reservoir temperature if mixing valves are set or the system is designed to restrict the temperature of water at the point it flows from the tap to 120° Fahrenheit (or 49° Celsius).  For purposes of this section, a water heater shall mean the primary source of hot water for any single-family or multi-unit residential dwelling, including, but not limited to, any solar or other hot water heating system.
(b)	The thermostat of any accessible, individual water heater that is located in any single-family or multi-unit residential dwelling that is leased or rented in this State shall, prior to occupancy by a new tenant, be reset by the owner of the residential dwelling at a temperature not higher than 120° Fahrenheit (or 49° Celsius).  A water heating system may utilize a higher reservoir temperature if mixing valves are set or the system is designed to restrict the temperature of water at the point it flows from the tap to 120° Fahrenheit (or 49° Celsius).
(c)	The thermostat of any water heater which is located in a multi-unit residential dwelling and which is the source of hot water for two or more residential units shall be set by the owner of the dwelling so as to restrict the temperature of water at the point it flows from the tap to 120° Fahrenheit (or 49° Celsius).
(d)	Nothing in this section shall prohibit the occupant of a single-family or multi-unit residential dwelling with an individual water heater from resetting the thermostat on the water heater.  Any such resetting shall relieve the manufacturer of the water heater and, in the case of a residential dwelling that is leased or rented, also the unit's owner, from liability for damages attributed to the resetting.
(e)	The manufacturer of a residential water heater under this section that is offered for sale or installed after the effective date of this act shall attach a tag to the thermostat access plate or, in the case of exposed thermostats, immediately adjacent thereto, stating that thermostat settings above the preset temperature may cause severe burns and consume excessive energy.
(f)	Nothing in this section requires or permits any inspections other than those otherwise required or permitted by law."
Sec. 2.  This act shall become effective on January 1, 1990.