HB3427sam001 101ST GENERAL ASSEMBLY

Sen. Laura Fine

Filed: 5/20/2019

10100HB3427sam001 LRB101 05030 CPF 60898 a

AMENDMENT TO HOUSE BILL 3427

AMENDMENT NO. ______. Amend House Bill 3427 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Residential Hot Water Safety Act.

Section 3. Applicability. This Act applies only to a residence or a residential facility.

Section 4. Definitions. In this Act:

"Residential facility" means a self-contained unit of accommodation used by one or more persons as a home where the person or persons live, either permanently or temporarily, whether or not the unit is owned, rented, or borrowed. "Residential facility" includes, but is not limited to, houses, semi-detached houses, townhomes, mobile homes, apartments, condominiums of any kind or character, duplexes, triplexes, hotels, motels, public or private facilities, or rented accommodations of any kind for residential use that include, at minimum, sleeping quarters and indoor plumbing.

Section 5. Water heating safety.

(a) Whenever a water heater of any kind or a bathtub spigot, individual shower head, tub and shower combination fixture, sink faucet, or other fixture supplied with hot or tempered water is installed, replaced, or repaired in a residential facility, a temperature actuated mixing valve, automatic compensating valve, automatic temperature control mixing valve, thermostatic mixing valve, a valve conforming with ASSE 1017 or ASSE 1070, a water temperature limiting device, or other device approved in 77 Ill. Adm. Code 890 shall be installed at the water heater or other fixture, on the hot water distribution piping, or at the point of use in a manner that prevents water with a temperature above 120 degrees Fahrenheit from coming into direct contact with a person. Installation may be made at the water heater or other fixture, on the hot water distribution piping, at the point of use, or any combination thereof. Installation may allow for thermal control strategies for opportunistic pathogens and shall be completed in a manner that protects individuals from scalding or burning injuries from water above 120 degrees Fahrenheit coming into direct contact with a person. Tankless water heaters shall be programmed to prevent water with a temperature above 120 degrees Fahrenheit from coming into direct contact with a person in cases where a valve or temperature limiting device is not necessary. This Section does not apply to mop sinks.

(b) All temperature control devices supplied under this Act shall comply with the requirements of 77 Ill. Adm. Code 890 and materials used shall conform to the materials listed in 77 Ill. Adm. Code 890.APPENDIX A.

Section 10. Enforcement and administration; civil penalties.

(a) The Department of Public Health shall administer and enforce the provisions of this Act.

(b) Any person or entity that violates this Act shall be subject to the fines and penalties under Sections 29 and 29.5 of the Illinois Plumbing License Law.

Section 90. The Illinois Plumbing License Law is amended by changing Section 40 as follows:

(225 ILCS 320/40) (from Ch. 111, par. 1138)

Sec. 40. All persons engaged in plumbing as defined in this Act shall comply with the minimum code of standards for plumbing and the fixtures, materials, design and installation methods of plumbing systems published by the Department and filed with the Secretary of State as required by this Act.

All installations of equipment, fixtures, appliances or piping which are used or intended for use entirely for or as a part of a water supply system or sewage disposal system and thereby can affect the public health shall comply with the provisions of the State Plumbing Code for design, materials, installation and maintenance. The installation, repair, maintenance, alteration or extension of building sewers shall be done in accordance with the State Plumbing Code. Any person engaged in any of such work shall upon investigation and determination of non-compliance with the provisions of the State Plumbing Code be subject to the penalties contained in this Act. Such prosecution shall be the responsibility of the State's Attorney or other authority as authorized by this Act.

Whenever a water heater of any kind or a bathtub spigot, individual shower head, tub and shower combination fixture, sink faucet, or other fixture supplied with hot or tempered water is installed, replaced, or repaired in a residential facility, a temperature actuated mixing valve, automatic compensating valve, automatic temperature control mixing valve, thermostatic mixing valve, a valve conforming with ASSE 1017 or ASSE 1070, a water temperature limiting device, or other device approved in 77 Ill. Adm. Code 890 shall be installed at the water heater or other fixture, on the hot water distribution piping, or at the point of use in a manner that prevents water with a temperature above 120 degrees Fahrenheit from coming into direct contact with a person. Installation may be made at the water heater or other fixture, on the hot water distribution piping, at the point of use, or any combination thereof. Installation may allow for thermal control strategies for opportunistic pathogens and shall be completed in a manner that protects individuals from scalding or burning injuries from water above 120 degrees Fahrenheit coming into direct contact with a person. Tankless water heaters shall be programmed to prevent water with a temperature above 120 degrees Fahrenheit from coming into direct contact with a person in cases where a valve or temperature limiting device is not necessary. This Section does not apply to mop sinks.

All temperature control devices supplied under this Section shall comply with the requirements of 77 Ill. Adm. Code 890 and materials used shall conform to the materials listed in 77 Ill. Adm. Code 890.APPENDIX A.

(Source: P.A. 83-878.)".