Fighting Back on a Hot Water Violation

When Julie, a family child care provider from New Jersey, discovered that her licensor had issued her a violation for having water that was too hot in her bathroom sink, she decided to fight back.

And she won.

The licensor had put her hand under the water and told Julie that it was "too hot to the touch." She then asked to see the water heater, told Julie it wasn't a big deal, and then left.

Two days later, Julie received a violation notice for having water that was above the recommended level of 120 degrees.

Julie was upset because the licensor has not used a thermometer and Julie knew that her water heater was set at the proper temperature. She even contacted a licensed contractor who came out and inspected the hot water heater and told her it was working properly.

When Julie complained about the violation, her licensor told her, "It seems like you care more about the violation than the safety of the children."

This comment is insulting and unprofessional.

Julie didn't know what to do next, so she contacted me for help. I told her to take pictures of the hot water heater setting and appeal the violation. In her appeal, she pointed out that if the licensor had looked at the hot water heater setting, she would have seen than it was set properly. Julie also said she shouldn't be in violation just based on how the water felt on her hand.

The manager of the regional office that oversees complaints reversed Julie's violation. She noted that Julie had not had any violations in the past three years and had sent her the hot water heater manual and photos showing it was set properly. She told Julie that she respected her for challenging the violation and that she did the right thing.

Clearly, this should never have happened. The licensor was negligent in issuing a violation order based on how hot the water felt to her, rather than using a thermometer.

Julie is to be commended for fighting back. It's a lesson for everyone.

Tom Copeland - www.tomcopelandblog.com

Image credit: https://www.billygo.com/blog/four-ways-to-get-instant-hot-water-at-the-faucet/

For more information on how to deal with licensors, see my book Family Child Care Contracts & Policies.